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  • CCC2006
    10-04 03:32 PM
    Hi there,

    There is premium processing available for 140 but like for everything else that is premium .. u have to pay a premium for it. I believe $1k.

    Best of luck.




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  • rajenk
    07-19 07:27 PM
    What if the company with your first 140 withdras th applciation (assuming 140 was approved for more than 180 days and I485 is also pending more than 180 days)
    Also when you join the new company what kind of benefits you get in term of Salary/ Position/ Promotion?

    It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.

    The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!




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  • dhesha
    08-29 06:41 PM
    what is the date shown on the online status message?
    Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?

    Does the processing time on website go via RD or ND?

    I called USCIS today and they said they are using the receipt date on I797 and not on the website. Yes that is right on website they show ND and say receipt date..its all messed up, but as per totay's call, it seems 797 RD is what they are using.




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  • GKBest
    08-03 08:25 PM
    You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.


    From the way I understand if the case is denied, you cannot work but you are authorized to stay if your appeal has been decided in your favor. However, some lawyers say that you can work with the H1 employer since the decision is not yet final. So which one is correct?



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  • weasley
    10-20 06:06 PM
    I think you have got knowledgable response.
    1. It is illegal to work on H4.
    2. Your wife is OOS.
    3. You need a good lawyer.
    You cannot expect better response than these unless you are expecting IV members to suggest some illegal ways to overcome your situation (if you are truly in that situation). I am sure you are not going to get any response than above as IV stands for Legal Immigration.



    Still looking for a knowledgeable response specifically to the questions asked.




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  • gcbeku
    08-10 01:13 PM
    Gurus,
    A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.

    So, what options do we have ?
    a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
    b) can AC21 approach be used to port this to a EB2 category ?
    c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
    (I am assuming that EB2-I will be current approximately around this time next year).

    Thanks.



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  • michael_trs
    05-13 03:35 PM
    Smisachu, I agree, I need to add alternative education… thank you for your advice.

    What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?

    What is your experience?




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  • plassey
    07-23 10:41 PM
    I think, he should run for his life from his in laws now...:)
    with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)



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  • mytrix76
    01-10 01:20 PM
    My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
    I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
    http://www.murthy.com/news/UDnewins.html
    "An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

    Can some one please throw some light.

    Thanks




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  • Mayra75
    12-31 08:16 AM
    YES. I believe that will certainly be re-introduced as one of the measures in 2006

    Indio ;
    Do you know that is this will be in next Feb. ? and which bill that will include this issue ?
    Thanks so much for your reply,,



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  • sp76
    06-20 04:46 PM
    If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.


    Just wanted to add more to above question: Is 5 months enough time remaining in H1 to get stamping from India?.

    Can I use my advaanced parole document once I get it if my visa gets rejected in India?




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  • gc28262
    07-21 09:33 AM
    IMO it looks like USCIS is trying to find some reason to deny an H1B petition. Fragomen doesn't have the guts to defend their clients before USCIS since they underwent some investigation.
    They are just trying to play safe.



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  • Rockford
    09-11 10:59 AM
    My 485 application was filed on July 1st, 2007. Yesterday I received an email from my lawyer indicating that they have received the receipts for 485, 765 & 131 for all the applicants in my family.

    I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.

    1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
    2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
    3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:

    a) When did you receive the AOS receipts?
    b) When did you hear about the fingerprinting and how?
    c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.

    Thanks,



    There is no hard and fast rule but this is general trend:

    Texas service center is sending EAD and AP almost along with the receipt or even before the receipt in some cases.

    The NSC is sending the FP for those the notice date is around 8/10.

    NSC is processing EAD for those files AOS in first week of Jun. Again as I said this is general trend. There are a few lucky Jul 2nd filers that got EAD from NSC.


    FP notice will be sent to your home address with appointment details. No one knows howlong it takes to get EAD from NSC. Your guess is as good as any body else's. Hope is that some of the Huly 2 nd filers get their EADs in a month's time.




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  • hanu0913
    10-08 11:03 AM
    You'd have to wait for PD to become current to add spouse.

    Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.

    can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval



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  • JunRN
    08-21 11:51 AM
    I've never done AR-11 myself because atty. is doing it for me...but when I looked at the on-line AR-11, Change of Address...A# is optional, meaning you do not need to input something on it. I think it was pretty easy to do it.




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  • jvs
    09-23 02:27 PM
    I applied for my second AP on 08/11/2009, was approved on 09/03/2009, was received at the attorney's office on 09/10/2009. Service center NSC.

    No FP was done. FWIW my last FP was in Jan 09.

    Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.



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  • TexDBoy
    11-10 02:29 PM
    I did in SFO with an expired visa but with an valid H1B 797 document and they gave an 10 year validity passport.
    Seems weird in your case ...




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  • michael_trs
    05-14 10:55 PM
    roseball,
    Ok...ok...I am working as an attorney partime... for myself...kidding.

    joydiptac,
    "may not make the cut easily" - what do you mean?




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  • pointlesswait
    01-21 11:22 AM
    it sounds like it came right out of his a$$
    :p
    This rumour sounds like its straight out of timesofindia :p;)




    walking_dude
    03-20 10:11 AM
    There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.


    http://www.electoral-vote.com/evp2008/Senate/senate_races.html

    And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.

    I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.

    Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..

    So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)




    fromnaija
    04-21 12:40 PM
    Hello fromnaija,
    I don't think we need to start out GC process everytime we move to a different location. I believe that GC is for future employment so according to me we don't need to re-start GC process when we move from east to west and north to south.

    Thanks


    Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.

    Remember, this is in the context of someone who has not filed I-485. If it has been six months or more since applying AOS, then yes you may move without having to restart the GC process.

    To the OP, there is nothing that says you cannot have multiple LC from same employer for different location. As I said before if the different locations are within the same Metropolitan Area, then one LC suffices.



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