Friday, July 1, 2011

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  • zCool
    07-18 11:25 PM
    This is a simple and straightforward case.
    Rules are: You are allowed to change the company but you should be in "same or similar" position.
    Your new company will have to agree to continue to support the existing green card process i.e. they may have to give employment verification letter if and when asked by USCIS..

    All in all I think you are in the safe..

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  • abhay
    05-13 11:10 AM
    My PD is 08/04/06, and my AP is expiring on June 2nd, I probably will have to travel sometimes June end. I am in a fix if I should go ahead and apply for Ap now. My PD will be current begining June 1st. I heard it may take 1 week to 60 days to get GC after your date becomes current, Do you guys think it's good idea to just apply for AP just in case?


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  • martinvisalaw
    02-17 03:17 PM
    It's really impossible to answer this without knowing the exact employment relationship that is planned and what the denial said in detail. Presumably your employer has a lawyer who can advise on whether an appeal might be successful. It is very likely that the denial was based on there not being the correct "employer-employee" relationship. CIS issued a new memo on this last month, and there are many threads in this forum on the topic. See here also: Law Office of Elaine Martin - immigration news: consultants (

    Good luck.

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  • happydude9
    01-24 12:10 PM
    Hi glus,

    Thanks for the reply can you or someone clarigy this,

    What if the validity date of H1 is before the validity date of F1. In other words if the validity date of H1 is 10/1/2009 to 9/30/2012 and the validity date of F1 is 12/15/2009 to D/s but the approval date of F1 is on 7th Jan 2010 and the approval date of H1 is on 14th jan 2010.



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  • immigrationmatters30
    09-07 12:11 PM
    Well it looks like DOS is saying that court has no authority to ask DOS to do anything.

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  • sury
    02-08 08:36 AM
    can anyone please reply


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  • wandmaker
    07-27 01:11 PM
    Every time I call USCIS to inquire if my I-140 is filled under EB2 or EB3. They ask me to ask my lawyer or employer to call. They won't tell me. I do have a copy of I-140 that states it is Eb2 (Advance degree and all)
    I cannot ask my previous enployer to call as I have left the company using AC21.
    Please advise what is the solution?

    EB2, if your I-140 approval reads as "Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability Sec.203(b) (2)" You should be worried only if you had two different 140 with the same employer. Take infopass and give a try, there is no standard procedure to find out.

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  • InMess
    03-21 03:48 PM
    Hi Guys,

    As i said earlier my I-140 was denied for the reason below

    I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.

    My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.

    Today 03/21/08 i just got an update from USCIS saying:

    Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.

    On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.

    1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?

    2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.

    Please help me out and advice on what should i be doing at this point and what are my options on this.

    Thank you all for your advices and help.


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  • waitingnwaiting
    12-23 01:18 PM
    Why so quiet today?

    Where is the holiday spirit?

    Not even any joke?

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  • gk_2000
    12-16 10:43 AM
    What are you smoking?

    I realize it may sound cranky, but many good ideas start that way until they prove themselves


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  • die_exquisita
    05-27 01:33 AM
    Thanks for the reply. But I guess I didnt frame my query properly. What I intended to ask was if the couple going to be married on a date x can fill up the forms online before wedding for an appointment on a date after their wedding?

    Thanks again!

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  • Ann Ruben
    04-17 01:25 PM
    As a July 2007 filer, you do have to pay the $305 filing fee. The $80 biometrics fee applies only to applicants for Reentry Permits and Refugee Travel Documents. It is not required for Advance Parole.

    Individuals who file for AOS after July 2007 have to pay a $1010 filing fee for the I-485, but are not required to pay filing fees for subsequent AP's and EAD's. The following is an excerpt from the USCIS website:

    "Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file."


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  • reachinus
    08-06 07:07 PM
    This is just my opinion. If I were you, I will go to the Airport and see an Immigration Office and have it corrected.

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  • swamy
    12-12 09:01 PM
    Swamy, you showed where you belong.


    sorry - just thought you would laugh it off - forgot i'm in the 'extra sensitive' club of gc seekers.


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  • yestogc
    06-05 05:10 PM
    YES, I had a friend who came back from airport recently to pick his PP.

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  • jagadeesh
    12-14 06:17 PM
    Thanks for your reply.


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  • casinoroyale
    08-16 12:03 PM
    Anyone going to Ottawa on Sept 22nd? Please let me know.

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  • sukant71
    08-30 11:48 AM
    Who will be responsible for psychological torcher with less then 50% pay.
    Socially isolated coz of not driving.
    How one can see the big time loss of applicant.
    3 years easily one can wait can say but why for more then 6 yers.
    Who are talking time management that didn't applies here.
    Who are talking productinve loss for applicant who can earn more then 80k coz of LC approval not who is responsible.

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  • hello
    12-07 10:46 AM
    Thats fine if Dream Act is last on agenda,then we"ll have more time to call senators.Please pickup phone and call the Senators.Thank You.

    08-01 09:11 PM
    Mine is EB2 June 5th, 2007

    09-12 03:34 PM
    MSNBC had a news piece on surprise illegal immigrants and looks like they are from India. I was surprised at a shocking 125,000 people have over stayed their visas and have become Illegal. I was worried if such news articles will reflect on our integrity and our image as knowledge workers.

    Just a thought....

    While we can keep an eye on these articles - these are coming up to counter our efforts.

    Lets keep the focus on.

    I would only say - IV is for legal immigrants, for those who have maintained legal status and have played by the rules.