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  • sku
    12-25 03:23 PM
    What's "MTR"

    I thought After 180 days of I-485 ,they can not withdraw the I-140 ?





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  • meridiani.planum
    04-03 02:13 PM
    can someone explain it again in simpler terms ..does the above mean that if a 485 is pending then that person is not out of status (or unlawful presence) till a decision is made on the pending 485 ?

    if you re-enter the US on an AP, they give you an I-94 with teh same date of expiry as your AP expiry (within 1 year). AILA was wondering if USCIS could come out with a memo clarifying that essentially that I-94 has no meaning, if you are in the US after it expires, you are still within status (because you have a 485 pending, and that gives you status until the decision is made on it)





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  • bugsbunny
    04-11 12:39 PM
    How much money you have donated?

    This knee-jerk response to question the questioner is not needed.
    Whether he/she has donated or not ...is not important.
    Everyone who has contributed towards IV and/or intends to contribute towards IV will ask this question. It is not intended to insult or to question the laborious work done by IV. I am hoping more people realize this.

    The answer to your question is that IV will not discuss the details of their expenses in public forums. I am not quite sure if its discussed in the donor forums.

    However i think a general idea about what the expenses are is as follows.

    These are my guesses : (IV Core please feel free to add/remove items to this list)

    Ongoing Expenses: Maintaining this website, phone for IV, paying for reputed lobbying consultants, paying for attorneys to pursue important issues in court.

    Advocacy Events: renting out hotel suites, possibly paying for lawmakers expenses to attend, advocacy packets for lawmakers, helping members with expenses to fly to DC and meet lawmakers, other miscellaneous expenses stationary/food etc

    Please understand that this is an all volunteer based organization and there are no absolutely defined positions/roles played out by members. Members join and help out in areas where help is needed.





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  • TomTancredo
    01-10 05:25 PM
    If the other guy worked for the company atleast 180 days, then your employer cannot prove that he had no intention to work for the company. If the guy worked for only a short time or didn't work at all for the company, then the company can win the case.

    The greencard of the other person will be rescinded. You can then use his labor.

    We dont know all the details of the case. If the person who got 485 approved worked for more than 180 days for the sponsering employer.



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  • jkamel5
    07-10 03:06 PM
    I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?

    I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.

    Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
    Thank you





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  • designserve
    01-27 02:42 PM
    Testing to see if this appears.Go to this page :
    Committee on Judiciary Subcommittee Jurisdiction (http://judiciary.house.gov/about/subcommittee.html)



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  • dpuranik
    03-02 05:05 PM
    My Company Paid $4000 as a Lawyer Fee for GC, +USCIS Fee+ ADV cost

    1. PERM - $2000
    2. I140 - $1000
    3. I485 - $1000





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  • permfiling
    12-25 02:05 PM
    I am in a similiar situation. My 485 was approved and my wife got her physical GC but I did not get mine. I took Infopass and the IO raised a SR. My case is from CSC to NSC. I got a response to the SR that my GC was sent and it might have got lost in mail and to file I-90. I called uscis customer rep, talked to 2nd level IO who mentioned that my card was never created and he will raise a SR mentioning the same.
    Today I got 2nd FP notice mentioning that I did not give FP for the first one (I gave FP ahead of the scheduled date and verified with FBI if my prints were uploaded or not) and to appear for FP on Jan 11th, 2011. I spoke with a IO on the day this FP notice was sent and IO asked me the date I gave FP and he mumbled some numbers and checked something in the system. He said he had fixed the issue and ignore the 2nd FP. He mentioned his name to me. I should have taken his extension as well. I hope I get the card now or else I need to take Infopass. I emailed nsscfollowup with the scanned copy of the first biometrics notice which has the stamp from the ASC last week only.

    I have n't contacted senators and congressmen yet and did not email the scopsscata yet



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  • gc_dream07
    02-10 02:13 PM
    Another big difference, which popped up lately, is getting driving license on EAD in many states. You may have to reniew the driving license every year and complexity around that.

    Thanks.





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  • grupak
    03-06 07:14 PM
    Yep. Paid Time Off (PTO) - This will allow me to get regular checks until PTO is exhausted.

    Actually, my question is it LEGAL to work for the New employer (After filing H1B Transfer and getting the receipt) when on PTO (Paid Time Off) with current employer?

    There was discussions in this forum on working multiple jobs on H1B. Murthy claims you can as long as you have an H1B petition for each job. http://www.murthy.com/arc_news/a_h1faqs.html

    But, if you already have the receipt for the H1B transfer for the new job, why bother too much. Ask your employer if they would just pay your vacation time, and start the new job.



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  • rkg000
    03-31 01:04 PM
    Done.





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  • smsthss
    12-07 09:27 AM
    thanks buddy
    I checked my I-140 status online today and i saw Approval Notice Sent. Thank you everybody for your responses. my case details are EB3 I-140 applied Dec 2006. Received RFE to send copies of bachelors and masters degrees on Nov 15th 2007. Attorney responded to the RFE and case status changed to Received Response and case processing resumed on Nov 30th. Had soft lud's on Dec 2nd and Dec 3rd and Dec 6th. I hope this helps those waitin for approval after responding to RFE.

    Guys, Hang in there and you all should get your approvals soon. My best wishes.



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  • MahaBharatGC
    04-16 08:15 PM
    You do not need a lawyer. Just make sure CIS has your correct mailing address and keep watching your cases regularly for RFEs.

    In the event of an RFE, you can respond on your own most of the times. If you think it requires a complex response or if you are not confident, you can hire a lawyer at that point to respond to that RFE.

    I would even say handling your case on your own is safer as I know some cases where the lawyer goofed up by not responding to RFEs. The applicant was not even watching his case status as he had left everything to the attorney and he had no idea about the RFE.

    It is also not necessary to inform CIS about your job change unless there is a possibility that your previous employer may revoke your 140.


    kaisersose - thanx for your input....
    I am not moving so address change might not be issue......and I like your suggestion of watching the case online ourselves....
    regards!





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  • cherryred50
    04-10 11:56 AM
    Hi Zcool

    I don't have a job right now with this vendor But in the future if the vendor finds me a job shall I work with him.

    Thanks,
    Uday



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  • anilsal
    09-28 08:15 PM
    Approvals for Mid-may have started now. They are in that region. July cases would be Nov/Dec.

    I am telling because my mid-may I-140 case got approved today. I am from retrogressed country. So cannot file I-485.

    Atleast you are able to file it, then why are you restless? Go have a beer!





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  • jaihanuman
    05-24 12:52 PM
    Done.Web fax 15 sent.



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  • vactorboy29
    06-30 04:06 PM
    I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).

    Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?

    Thanks

    I have same credential in Mechanical engineering. I got 140 approved last year. don�t worry .You will be fine.





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  • glus
    01-15 09:37 AM
    Hey Everyone,

    My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.

    Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.

    So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.

    Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!

    hello,

    Generally speaking, F-1 is a visa with pure non-immigrant intent. By filing I-130, your brother showed you intend to immigrate to the U.S. As such, most likely F-1 can't be approved. If you said NO when they asked if anyone ever filed an immigrant petition for you, you may be held accountable for committing fraud for immigration purposes. If USCIS realizes you lied on your non immigrant petition, you may become inadmissible and deportable. Consequently, I would consult with an attorney before applying for F-1. Hope this helps.

    Under current immigration law, one cannot be issued a non-immigrant visa which carries no dual intent, if one intends to immigrate to the U.S. If you had answered YES on your DS-156, the consular officer would have no legal basis to issue to you a tourist visa.

    Best Wishes,





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  • sri1234
    02-15 12:01 PM
    H1 B Alien need not be paid all the time. I guess one can be on unpaid vacation for a while. pls see below.


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Krishna_brc is correct. H1 B alien can be on medical leave, sick leave and can be unpaid during that period.





    Brightsider
    07-01 08:28 PM
    Ron is a very compassionate individual apart from being a very experienced attorney.
    Have no hesitation in going to him.

    I have known people who have engaged him and found him to be extremely competent.

    His immigration forum has been a good source of credible information, given the limitations of discussing USCIS idiosyncrasies.

    Let me add that I do not know him nor have I spoken to him. However, had I been in CA, he would have been my choice.





    logiclife
    04-09 02:13 AM
    First of all, ethnicity has nothing to do with hard cap.

    First of all, you have to understand what hard-cap implies. Hard cap is a new thing proposed in the bill out of judiciary commitee that PREVENTS over-subscribed countries(Usually that's India and China each year) from using the UNUSED visa numbers each year.

    EMPHASIS ON UNUSED.

    So, given the 10 percent per country(it is 7% today) each country can and would use UPTO 10 percent of available visas first. FIRST. Usually what happens is that India and China use up their numbers and other countries do not use their own quota. So the unused numbers would be then alloted to India and China rather than being unused to diverted to FB categories.

    So the removal of hard cap has NOTHING to do with diversity - ethnically or nationality-wise. HARD CAP DOES NOT PROTECT any country.

    Today, the soft cap exists, and the numbers are retrogressed only for India and China. REST of the world is current. Hard cap would make things worse for only those countries that have higher demand and WASTE the visa numbers.

    Please get your analysis on hard-cap Vs Soft-cap, the visa usage numbers etc. before you emphasize ethnic diversity as the two have NOTHING to do with each other.



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