nozerd
01-24 11:31 AM
Personally I feel the most disgusting of all the provisions is country quota. Why the hec should 2 employees in excat same situation be discriminated because of country of birth ?
I can believe its even legal. They should get rid of it.
I can believe its even legal. They should get rid of it.
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raju6855
02-02 11:04 AM
Ok, I guess we will do that.
Thanks much
Thanks much
shahuja
02-04 05:07 PM
imneedy..mine is renewal..they have my pp..ND consulate..and today is 23rd calendar day..
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kumar1
03-03 12:19 PM
Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
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PALLO
04-21 01:42 PM
Thanks guys for your inputs and helping me understand this better.
I understand that LC is for future employement. Someone said that at the time of filing 485 , company should be wiling to make you an offer for the specified location in LC. But does it just mean offer or you have to accept it and move there till it has been post 180 days of 485 submission Time when GC becomes portable (assuming 1-140 is approved).
Thanks once again.
I understand that LC is for future employement. Someone said that at the time of filing 485 , company should be wiling to make you an offer for the specified location in LC. But does it just mean offer or you have to accept it and move there till it has been post 180 days of 485 submission Time when GC becomes portable (assuming 1-140 is approved).
Thanks once again.
thirumalkn
07-26 05:11 PM
Thanks for the info vxg. Thanks for sharing.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
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insbaby
04-08 12:40 PM
Its time to file for my EAD. I was wondering what option people prefer most these days. Online or Paper?
Please vote.
Paper is at least $150 more (lawyer fee), but saves your visit to INS office for finger printing.
Please vote.
Paper is at least $150 more (lawyer fee), but saves your visit to INS office for finger printing.
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tabletpc
01-10 01:23 PM
Its a gray area....!!!!!
She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.
From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.
I would suggest you to talk to your attorney.
Good luck
She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.
From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.
I would suggest you to talk to your attorney.
Good luck
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sam_hoosier
02-12 03:12 PM
(IZZAT KI SAWAL) ... It is IZZAT KA SAWAL.
I am lazy and may be more lazy then anyone. Good to hear from a new enthusiastic person.
Your enthu will go away soon.
What is the point of your post ? :)
I am lazy and may be more lazy then anyone. Good to hear from a new enthusiastic person.
Your enthu will go away soon.
What is the point of your post ? :)
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misha
07-21 02:18 PM
Misha,
Even I did not receive my AP ,which I applied last year july 2007.
Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.
she made us wait for almost 2 1/2 hours.
Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.
She gave our AP for me and my wife right away.
So I advice you to take Info pass and check.Ap what I received was in paper.
Thanks for the advice. I have my infopass appointment on July 23 2008. We will see.
Even I did not receive my AP ,which I applied last year july 2007.
Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.
she made us wait for almost 2 1/2 hours.
Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.
She gave our AP for me and my wife right away.
So I advice you to take Info pass and check.Ap what I received was in paper.
Thanks for the advice. I have my infopass appointment on July 23 2008. We will see.
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imv116
06-06 05:26 PM
Hi,
I have some questions in regard to using AC21.
Using AC21, what are the risks involved with I140, provided it is:
1. Already approved and more than 180 days after filling I485?
2. New job/position is “same or similar” as mentioned in I140?
Situation:
1. Employer wants to revoke the I140 or in way threatens
2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.
Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
http://www.murthy.com/news/UDportme.html
Please give your suggestions
Thanks All,
IMV116
I have some questions in regard to using AC21.
Using AC21, what are the risks involved with I140, provided it is:
1. Already approved and more than 180 days after filling I485?
2. New job/position is “same or similar” as mentioned in I140?
Situation:
1. Employer wants to revoke the I140 or in way threatens
2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.
Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
http://www.murthy.com/news/UDportme.html
Please give your suggestions
Thanks All,
IMV116
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waitin_toolong
07-27 09:37 AM
she can apply for H4 when you visit India, as long as you maintain H1. she does not have to wait for H4 COs to be approved. In fact she does not have to file for one.
The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.
If the case had been different, she was applying for H1 then she would have needed an approved petition first.
The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.
If the case had been different, she was applying for H1 then she would have needed an approved petition first.
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morchu
05-22 01:15 AM
You can gain passive income.
You cannot materially participate in the operations of the firm (employee).
A member not necessarily be materially participating in the operations of the firm.
Income from profit on an investment is passive.
You cannot materially participate in the operations of the firm (employee).
A member not necessarily be materially participating in the operations of the firm.
Income from profit on an investment is passive.
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dhiru
08-19 12:45 PM
Good new... I went to the INFOPASS Washington Filed Office yesterday (walk-in) and told them that my EAD was expiring the same day and will loose my job if I dont get the EAD in next 5 days. The officer was very helpful and emailed the adjudicator to expedite the process. I received an update this morning saying that my EAD has been approved and the card is in production. Hopefully, I will get the EAD by next week and keep my job. Surprisingly the officer called me this morning to inform the same.
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ksairi
08-16 04:32 PM
Please?
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mdmd10
09-14 04:01 PM
That last question on the bills was from me!
Thanks for answering
Thanks for answering
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ita
01-15 10:30 PM
^^
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americandesi
04-06 01:31 PM
Refer http://www.murthy.com/pr_thngs.html and search for
"It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."
As suggested by "Optimystic", any time between 6 to 12 months should be ok.
"It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."
As suggested by "Optimystic", any time between 6 to 12 months should be ok.
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r_mistry
01-18 02:41 PM
Thanks for responding !!!
chanduv23
09-14 03:31 PM
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GCOP
08-22 01:21 PM
EAD Renewal RD: 6/24/08 at TSC
Still Waiting for EAD Renewal Approval
Still Waiting for EAD Renewal Approval
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