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  • belmontboy
    10-06 09:35 PM
    I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.

    Not sure what you mean by 2 months before I had 3 offers??

    if you are talking about jobs, then all you need is one!!





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  • waiting4gc02
    11-19 12:46 PM
    do u have ur approved i-140?

    Yes, my I-140 is approved.





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  • aranya
    01-15 10:40 AM
    Two things

    1] H1b application may not be filed by the beneficiary i.e. you cannot file it. Your employer or his representative (lawyer) has to apply.

    2] The lawyer fees may be paid by either the employer or the employee - no USCIS requirments/laws.





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  • morchu
    06-01 04:54 PM
    1. Indian passport holders are exempt from the 6-month rule. Link.... I will search when I get time and post.
    2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html

    http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
    Greg mentioned that....
    "There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."


    Hi Morchu,

    I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.

    Ok, so how can one prove his intention at the POE for GC?

    ....would appreciate your reply.



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  • smuggymba
    04-11 12:43 PM
    I was looking for getting VISA for my Niece and Nephew, who are below 14yrs. But I didnt find an option for them not going to consulate.

    it take more effort n paperwork to get the visa without going to consulate even for the kids below 14, better option is to go to consulate.

    My 4 yr old niece went in person for the visa along with an adult of course.





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  • hpandey
    07-29 08:31 AM
    Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
    Just want to confirm that.

    We got a 2 year EAD for me and my wife and our I-140 is still pending .



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  • paisa
    07-24 03:59 PM
    Hello Guys,
    My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
    No issues here my lawyers at Fragomen told me the same my passpory was expiring Aug 3rd 2007 infact I had my passport renewed when they were to send my 485 application. My lawyer said 485 has nothing to do with passport so no worries.





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  • nivasch
    11-22 05:27 PM
    Arnet

    better check with your immigration attroney for your situation.

    It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.

    regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.

    If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).===>I Just want to input my exp.. here , i am using my AP ( i used Twice as of now) and still working on H1. Only thing is i am still with same employer, who filled my GC and recently i got my 3 year H1 Extension also.
    also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.

    some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.

    good luck.



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  • Singer
    11-22 08:33 AM
    Hello VictimOfGc,

    Thank you for your first reply.
    I gad lost my password and read your previous post only yesterday.

    As you know, the decision of denying my husband's and mine I-485 could not be not appealed. I have also never stated the uscis denial reason, as I did not have it when I posted my question. They have stated that we had traveled abroad without Advance Parole, so they were considering that we have abandoned our GC petition. We came back to the country with my O-1 visa and my husband O-3.
    The first problem raised by a friend of mine lawyer (I did not have a lawyer retained anymore) was that uscis violated my constitutional rights. They SHOULD have sent me an official letter back in August stating that they were reopening or intended to reopen my 485 case! Nothing was sent. Beside my I-140 and my RFE on the I485 I did not receive anything else. So even if legally they were "right" to deny my 485, uscis has comited SO many mistakes on my case that I have been told they could let it slide on this one.
    From that moment on I have decided that I will fight them till the end and that I would not pay them one cent! Because at the end of the day, it is all about money and more money in their "crooks" pocket. I contacted my Congresswoman, my Senator, and a Congressman from another state than mine. I had gathered all the proofs and all documentations for the last 3 years and posted them on a server, so everyone involved could review them. Those three elected officials called them and spoke to uscis congressional liaison. This went on for two weeks.

    Friday the 13th we received our green cards!





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  • walking_dude
    01-18 03:25 PM
    Having 3 years EAD/AP and ability to refile AOS (in the worst case) is the best workable solution to an economic turndown and lay-off. Having a recapture done will also help many

    IV already has this as part of the letters campaign. Everyone worried about recession, lay-off etc. must support IV campaign with full vigor.



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  • kowligi
    10-01 08:47 PM
    My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.

    The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and

    1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)

    2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic

    3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?

    4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?

    Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(

    I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!





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  • GCEB2
    07-16 08:21 PM
    I guess u can apply seperately as each one holds individual H1 status



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  • maccaid
    06-22 04:37 PM
    If she were to change her name now.. and get a new passport or ID.. it might take longer and jeopardize your ability to file for AOS. Good would be to apply for AOS in her current name now.. and once you get your AOS approved.. then she can change her last name.

    to get AOS approved will take very long time right? depending whether I'll be stuck in FBI name check and the date not retrogress when they process my AOS.

    I'm EB3-ROW
    PD March 23, 2007





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  • ganguteli
    03-22 01:13 AM
    Your experience in current job may not add up as experience.

    But do not go by that. What is the requirement of the job for which labor will be filed?



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  • for_gc
    02-11 08:46 AM
    My previous company hires them and I used to deal with Chugh firm a lot. They are very good and professional. I did not see any issues.

    Best of luck with your EB2.





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  • Ann Ruben
    01-11 07:16 AM
    I reviewed the State of Washington's unemployment compensation website, and from what I can see you would be eligible for benefits as long as you were legally authorized to work for the last 24 months and continue to be authorized to accept new employment. You will be required to provide your A# and agree to allow the State of Washington to share your application information with other agencies such as the IRS (UC benefits are taxable).



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  • gondalguru
    07-19 10:39 AM
    Thansk for your reply. In the Residency application(ERAS), there are two categories:

    1) Visa - J1, H1, EAD etc
    2) No Visa requirement - Green Card/US Citizen.

    If we check EAD, they will think that we need a visa which we don't
    If we check Green Card, technically we do not have our green cards yet

    What is the best thing to do?

    Check green card. and clarify later with hospital that no visa needed as u have valid EAD.





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  • wandmaker
    11-18 07:51 PM
    1.) Could anyone let me know the appropriate documents for this?

    Photos (2 Numbers)
    Covering letter
    Copy of I-485 Receipt
    Copy of approved I-140
    Copy of PP (1st and last Page)
    Copy of I-94 (Front & Back)
    Copy of DL

    2.) Also, what are the fees associated with it, especially with all the old vs new stuff?

    you will have to pay the new fee, which is $305. Do efiling, it is easy and convenient.





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  • dvb123
    09-13 04:06 PM
    It costs around 50k - 100k for a class action lawsuit. Pls collect the money and then think about it. U can look in the directory for Federal immigration litigation lawyers. There are a lot of them. The chance of winning is very less because green card is a benefit and not a job opportunity where you are being discriminated. If you can prove that you lost a job opportunity in United States because you do not have a green card and that job opportunity was given to another less retrogressed country immigrant, maybe you can fight in the supreme court that your civil rights have been violated but it is a long shot and would involve lot of money and 3 years minimum time frame.

    An except from DOL equal opportunity laws

    The Immigration and Nationality Act prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.

    Federal litigation also can be done without legal representation i.e. lawyer but a person must dedicate himself to 8 hrs legal work for 3-4 months which a working person cannot do.





    anilsal
    09-14 05:30 PM
    when someone working in DC, VA, MD etc says that they will try to make it to the rally because it is on a working day. Come on, give us a break because multiple people are flying from the west coast.

    Move your a$$ and get to the rally. You have made enough ruses about not being able to attend the rally.

    It makes no sense for you to be the beneficiary of someone else's sweat(in getting legislation passed).

    Now show some spine and attend the rally. :)

    :D





    sanjay
    08-20 10:03 AM
    Are you working for the same company who filed your I-140?

    No. I changed to a different company with same position.



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