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  • summitpointe
    02-20 11:53 AM
    How can you use I-140 from Company A and 485 from Company B. I think you can't do it.

    But I think you can use AC21 with Company B as 180 days has crossed after filing 485 and your I-140 is pending. This is very risky.

    I would suggest you to consult an Attorney before taking any decision.





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  • bank_king2003
    06-04 03:01 PM
    really appreciate it.





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  • gdilla
    02-28 12:14 PM
    One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.

    Please see the link for additional information:

    http://www.immigrationportal.com/showthread.php?t=196367&page=54

    But does it have to be strictly in the same category, namely some kind of electrical engineer?





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  • girishvar
    08-15 12:09 PM
    You have to use I-824 if you change the consulate, if it is a consular case. If your I-94 is extended within america, there is no need. However because of PIMS, it is better to initiate a I-824 and get confirmation before proceeding for stamping. It is better to check your lawyer to get the right legal advise.



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  • mdipi
    11-16 03:15 PM
    thanks, i didnt know we could use pics...





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  • whitecollarslave
    02-12 12:28 AM
    As valid an argument it may be, buying a house as a bargaining tactic will create a lot of bad publicity and would be counter-productive. I think if we want to do gandhigiri, lets send flowers to Senator Grassley. If you want to make an impact, do the unusual.

    Imagine how media will report something like that. Even when Grassley is dead against EB people, those very same people are sending flowers to him, not asking for anything, not demanding anything, just respectfully reminding him that not all immigrants are bad, some are really instrumental to making this country great.

    We should write a simple, short, positive, and respectful message without sarcasm and without asking for anything. Instead of saying how we can be helpful *if* we have a green card, lets just focus on how we are already a positive contribution to American economy and national interest despite the clouds of uncertainty. Some things are better left unsaid to get the message across. Instead of us saying it, let the media report it - imagine how much more their contribution could be if they had green card.

    Here are some suggestions for short messages -

    I am a physician with NIW working in town/area which is medically under served. I am not taking away any American jobs.

    I am foreign but not cheap. I earn xxx. My income is x% above average wage in my profession; x% above the higher end of prevailing wage standards set by DOL. In addition, my employer is paying 10-20K in immigration costs, some of which goes to train more Americans in STEM.

    I am doing research in some field of humanitarian or national interest. e.g. bio medicine, green technologies, etc.



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  • vallabhu
    08-08 10:37 AM
    Did any one get an RFE to prove educational qualifications for EB3.





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  • sunny1000
    01-09 02:44 PM
    I would agree.

    it is not advisable to leave US while your extension is being processed. I would suggest waiting for it to get approved and then schedulingan appointment (in India) or in canada before leaving for india and get the new visa stamped.



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  • gimme Green!!
    07-31 10:51 PM
    Logically, there shouldn't be any issues as you have a G-28 for all required forms.

    Let me take this opportunity to tell you I have immensely enjoyed your to the point messages and quotes.

    I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.

    Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.

    In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.

    Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?





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  • dilvahabilyeha
    07-26 12:33 PM
    Your Lawyer should advice what he is supposed to do. Don't take the ownership of doing something afterwhich lawyer would on your back. So be on his/her back and they should handle it. They can send a letter and the correct copy of your MC with the reciept #. How did you know that the MC was different, did your coworker shout at you ;)



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  • axp817
    03-31 02:20 PM
    On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.

    Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.

    In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).

    So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.

    Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.

    Godspeed to all of us.





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  • helpmeExperts
    02-14 04:36 PM
    If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.

    ok got it. so its better to jump on EAD whenver you feel the fear of being jobless for a long time. that way no problem if jobless for certain time.

    only con is if something wrong happens to 485, we are screwed!!

    one more question very complicated -

    if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.

    i dont see EB2 my PD becoming current for next 2-3 years

    any inputs are appreciated??



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  • digitalmediatech
    January 27th, 2006, 07:01 PM
    In my opinion, when it comes to the world of digital photography "best" is almost always classified as a "user's personal opinion" on quality, options, price etc. Not to mention when and what type of photography the camera equipment is going to be used for. I know I am clearly not making it as easy as 1,2,3...but tend to side with what the others in the forum have mentioned in previous forums. (you can do a search for previous posts.) I might add that it will also be beneficial to read and stay abreast of some of the photography publications and of course forums such as Dphoto, which now-a-days most, if not all, do a comprehensive list of tests and trials with cameras ans are frequented by many pro's.

    However, I always find it amusing that the different publications seem to choose different cameras as thier "top winner"...talk about personal opinion. I recently came across a review of a camera in which the tester had the camera for nearly one year, in which he was able to give a pretty comprehensive review, while I have read other reviews in which they had the camera for a couple of days (and had two totally different reviews). Lastly, if you stay afloat of the industry and review dphoto I am confident you will be able to develop e better understanding of cameras in the current marketplace and future releases.

    So, what are you projecting to use the camera for? It's alright not to know exactly, since we all change our minds, but it's a good place to start since some subject matter needs the faster shutter speeds, while others need better glass (lenses).

    I hope some of the additional information I have provided you gives you a better insight about the purchase. For additional info, I did write about some of the general differences between an independent mom and pop shop and a large corporate store which can be found inthe forum.





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  • yingli
    08-23 10:59 PM
    My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.

    I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.

    Can someone recommend a good lawyer to me? Many thanks!

    YL



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  • soma
    01-15 10:07 AM
    Cut and paste for me by my attorney:

    Some Observations from DOS on India EB-2 Unavailability
    Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"

    On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.


    That means they used up 2497 visas in october noveber? The numbers are quite high, so were they only working on EB2 files from india in oct-nov, unlikely. So have they really used up 2800 visas for sure? Can that be found out?





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  • gimme Green!!
    01-02 03:43 PM
    Thanks Sam

    Yes, as per the new guidelines time spent on H4 does not count towards H1.



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  • anilsal
    12-28 09:37 AM
    I think it was the period when the formal retrogression phenomenon started.





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  • praveenat11
    10-08 05:05 PM
    Are the dates current for I-485 filing?





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  • gconmymind
    04-09 03:30 PM
    My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
    I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
    I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
    Has anyone withdrawn their H1B visa stamping application before ?
    Appreciate any information on this.

    will let others answer....





    karan2004m
    01-05 05:38 PM
    I am not an expert but i can tell u confidently that he can get a jail term for sure with these wordings... this is totally illegal and is just to scare you so that you should not leave the firm..





    joydiptac
    05-12 02:28 PM
    Hi Gurus please advice,
    My 140 was approved in 2007 ,but today i got email from USCIS ,

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Case Transfered to Another Office for Processing

    On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.


    Any idea, what would be the possible reason for this? Please advice.
    BTW I recently applied for EAD extension.

    I suggest you call the number given. Seems to me there was a mistake.

    I remember getting a similar email for H1B some 2-3 years back even though my H1 was approved and I already received the I797. No issues though, they just sent another I797. :)
    I guess this can happen if their Database was restored to an older backup. So they had to go thru some of the processing again.