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  • s.m.srinivas
    03-31 10:42 PM
    Company A in my case has not revoked my H1B, it's still in valid status. I had been to India too & I came back with same VISA on MARCH 12 2009. I have mentioned in the post also.
    "snathan", can you tell me what are the options for me now in this situation?




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  • reddymjm
    03-09 03:04 PM
    Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

    should be:

    Priority date is defined in two ways -

    a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

    or

    b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.


    You are right




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  • dealsnet
    03-19 11:49 AM
    I think he mentioned 2005 fee as the fee for I-485 in 2005 (old fee structure). Not the check date of 2005. Let him clarify.
    Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.




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  • grupak
    08-15 01:50 PM
    Couldn't resist opening a new thread and sharing this with fellow IVians.

    We got our green cards today. It is actually green (in the back).


    Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.


    Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.



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  • patelkirti
    04-19 11:56 PM
    Thanks,

    About paper and email trails, i think i got each and every one of them! I'm very well covered there..

    Will keep you guyz posted!




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  • texcan
    07-29 10:48 PM
    I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.

    I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.

    What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:

    1. Use the special E3 work visa for Australian citizens.
    2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.

    well ...if the option is between "difficult spouse"/"GC " why bother with either....I thought of something else when i saw the title. pls donot mind...

    On serious note, Since your spouse is australian citizen you can easily use E3 visa ( its very simple) or better yet just go ahead and marry her in court right away, register marriage and have the big gala family ....marriage event later.
    My 2 cents...take it easy and make it simple. Its a happy occasion donot waste time on immigration issue in next few months, enjoy the courtship time...immigration will fall in place and even if not ...life matters.



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  • Milind123
    07-26 12:51 PM
    spoke to the lawyer and they said they have experience last month of filing a I485 similar to mine at Nebraska and had no issues.

    So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.

    Fingers crossed

    Good luck! Even if your lawyer is wrong, Nebraska will send the application to its correct destination.




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  • atul555
    05-07 01:14 PM
    Me and my wife also have LUD on 04/23/2009. And my priority date is Nov 2004
    I think based on the information on other threads its usually normal nothing
    can be derived of that LUD.
    Wow, it seems a theme is developing here. I also had a soft Lud yesterday, and I am in 04 priority date, like so many of you here. It's possible they are looking at the cases pending more than 4-5 years old.



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  • panks
    04-01 10:06 PM
    Hello,
    I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
    In July'09 , I received a RFE on one of my two approved I-140.
    This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
    I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.

    In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
    the reason we referenced non approved I-140 because it had an ealier PD.
    The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.

    Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.


    Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :

    Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.

    The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.

    The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
    I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.

    I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.

    My question to boarders here is :

    a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
    b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
    c) Any other innovative ideas ?

    -Thanks in advance.
    Panks




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  • sunofeast_gc
    07-22 06:49 PM
    just now I gave 5 star and posted my comments



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  • samswas
    05-25 03:37 PM
    I think the problem is with the Poll.
    The moderator of the thread needs to correct it. I got my GC but when I try to go and poll change my status to card received it tells me I have already polled. Unless I am missing something.

    So 74 people were current (not sure how many of them got approved) and 24 polled to say they got approved.
    So mr moderator can u correct the poll ??

    Sorry guys ... Yes, problem is with the poll. I created this thread. When I created, I don't know that you can not change your response once you vote




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  • desi485
    09-27 10:12 AM
    ^^bump^^



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  • vinzak
    03-07 02:44 PM
    Hello all,

    I filed for EAD renewal at TSC in early Jan 11. My current EAD expires end of April. I am just wondering how long TSC is currently taking to renew EADs.

    Any experiences would be greatly appreciated. Thanks.




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  • GCBy3000
    05-18 09:24 AM
    I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
    rgds,
    lfgc

    ...recd info fm the attorney's office...

    The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
    $2,190 for companies with 26 or more employees and $1,440 for companies
    with 25 or less employees, Office Expense $50.

    so, for extension...it may still be $900.

    I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.



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  • aristotle
    02-08 12:46 PM
    You can say to your current employer that you want to try out something new, but if it doesn't work out you want to have the option of coming back.

    If they like you enough, they will consider it. How long to leave it active is another question. Lets say you were able to port the PD to your new I140. If the old employer then revokes the I140, are you still ok with the old PD?




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  • desi3933
    06-23 12:38 PM
    Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more

    A

    This is correct.

    However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.

    The only requirement is the other I-140 must be approved and active
    and it must belong to same beneficiary.

    Not a legal advice.



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  • walking_dude
    12-12 04:12 PM
    I'm not surprised if there are Eb2 prior to 2000. Almost every employer substituted every LC they could subsitute just before the deadline to end Substitution. Some estimates put it at 175,000. So I'm not surprised it there are hidden Eb2s who have PDs prior to 2000 !

    Of course, none of them will come here and claim it !




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  • diesel
    05-25 08:51 AM
    The immigration council said he will pass our concern to the senator.




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  • LOL123
    02-14 08:56 AM
    Thanks for correcting me ... I changed the title

    You need to say "MY priority date is current in March"
    The current thread title had me thinking there was another July fiasco..

    Thanks.




    reddysn
    06-16 09:27 AM
    My lawyer answered that one can work on OPT-EAD till one gets their I-485 EAD. So I guess you dont need to worry. Better check with ur lawyer also.


    My wife has changed her status from H4 to F1 in last
    year. She will be on F1-studies till July mid
    of this year. Few weeks back she got her EAD for her
    F1-OPT, which will start on Aug 15 of this year.

    As I am going to file AOS for her and also EAD, will
    she able to work on her OPT-EAD till she gets her
    I-485 EAD? Or She need to wait till she gets her
    I-485 EAD to work?

    As far as I know she need to wait till she gets her EAD of 485.
    I sent a mail to lawyer he did not respond yet.
    She is going to meet her international advisor on this sometime next week
    , but he does not seem to be an expert in this area.

    any ideas on this one?




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