Thursday, June 23, 2011

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  • cagedcactus
    11-09 09:17 AM
    this sounds a bit complicated and I doubt anyone here is qualified enough to give you a true answer.
    Maybe talking to several lawyers will help you in best manner. I had a similar scenario. Although I had the original labor. (not substituted)
    I paid a few laywers their time, and went to talk with them.
    They suggested an appeal with explanation, and proper supporting documents.
    Talk with your lawyer. Your company must show the ability to pay, through all the tax returns, and incomes and all that jazz...

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  • masti_Gai
    02-15 09:15 AM
    why would someone having a GC want a H1 i don't understand. If her hubby is a GC holder obviously she might also be a GC holder. She has rights to work anywhere and for anyone in US.
    If she is still in the process of gettin her GC then she might want to go in for H1 as it takes nearly 2 to 3 yrs for a spouse to get GC if she or he didn't apply during AOS

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  • kaisersose
    07-24 11:09 AM
    I think your lawyer maybe right.

    The FAQ is saying Labor should be approved by the time you file for 140. Attaching any piece of evidence along with your 140 application that your labor has been approved should suffice.

    The FAQ is warning against filing 140 before Labor approval as many newbies may be wondering if they can utilize this 485 window by applying 140/485 based on a pending labor.

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  • anilsal
    10-24 11:42 PM
    It was #170 for me. I think Yahoo deleted some post before me. So I got bumped to #169. The guy who posted after me has a nasty post. I am pushing legal immigration and he is complaining about illegal imm & minimum wage.


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  • GCNaseeb
    10-12 04:42 PM
    See signature

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  • j0se
    08-15 03:24 PM

    that's a really nice piece of work, btw


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  • eb3retro
    08-21 05:46 PM
    This is great - thank you!

    I'll be traveling to/from SFO. Have the new AP Receipt Notice.


    all the best jazz..

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  • usirit
    07-30 11:20 AM

    I really hope / wish you don't get audited.

    DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.

    Good luck...

    I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.

    I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.

    Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.


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  • Achi Goro
    11-17 03:25 PM
    Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
    So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

    To find if your PD is current check the Visa Bulletin at

    Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

    (I am not an attorney, please consult an immigration attorney or use advice at your own risk).

    Thank you for information

    What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.

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  • gc_buddy
    11-19 01:17 PM
    Thanks everyone for the valuable inputs..


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  • jsb
    09-07 09:26 AM
    Can someone help me on the procedure how to withdraw my second application and also not lose money from the checks on the second application. ...

    Are you more worried about losing money, or any other negative repercussions? Money? it is not significant in the overall picture.

    Did you say in your second application that you were doing so because your checks on original application may be bad?

    In any case, USCIS system should not allow to accept an application the second time.

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  • Murthy
    02-21 07:49 AM
    Any Bank account gets deactivated if there are no transactions for a certain period.Call your Bank and find out.The best thing is always close all accounts before you leave.


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  • maddipati1
    01-12 01:44 AM
    i won't call u superstitious but superstupid, for lack of any better words

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  • willigetgc?
    01-03 11:53 AM
    There have been new enforcement policies at the federal and state level, mostly targeted at known criminals who are also in violation of immigration laws, but while the huffing and puffing over immigration in Congress and on Beacon Hill has been fierce, no legislation has resulted.

    The closest Congress came to action was the Dream Act, which would establish a path to citizenship for the most sympathetic class of undocumented immigrants: those brought to the U.S. as children, have stayed out of trouble, completed high school and committed to college or service in the U.S. military.

    The Dream Act won passage in the House, and 53 votes in the Senate - but not enough to break a Republican-led filibuster.

    Dream Act supporters should try again in the new Congress, but this time they should take a page from the tax compromise forged in the lame-duck session. That deal combined something Democrats wanted - an extension of unemployment benefits - with something Republicans wanted - an extension of tax cuts for high earning individuals.

    Some leading conservatives have proposed loosening immigration rules for another worthy group: highly-educated foreigners capable of creating the new ideas, inventions and enterprises so important to America's economy. The brightest minds from around the world come to leading American universities, only to take their knowledge and talents back home because they can't legally stay here.

    Conservative think tanks and commentators - and some elected officials - have suggested every foreign student who receives a post-graduate degree be automatically granted a green card. Some will still go home, but those who choose to stay can supply the brains and ambition that immigrants have been bringing to America's economy for hundreds of years.

    Our first choice would be for Congress to enact the kind of comprehensive immigration reform proposed in recent years by the late Sen. Ted Kennedy, former President George W. Bush and President Barack Obama. If that's not in the cards, we suggest pairing the Dream Act with a bill offering legal residency to the most highly educated foreign students.

    What ties these proposals together is the assumption, shared by leaders of most political stripes, that legal immigration is good and necessary. America's population is aging and America's economic competitors are gaining ground in innovative technologies. We need immigrants, especially those who already consider themselves Americans - like the ones welcomed by the Dream Act - and those whose education and skills can contribute to economic growth.

    The best compromises are those which incorporate the ideas and priorities of both sides. Such a compromise on immigration policy is long overdue.

    Editorial: Immigration in 2011 - Framingham, MA - The MetroWest Daily News (


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  • Legal_In_A_Limbo
    01-14 05:55 PM
    What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.

    The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.


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  • rayen
    12-02 01:15 PM

    My H1B is going to expire soon and I have renew now.. but my lawyer is chanrging as below( Total Cost : 3520 - Lawyer fee : 1400$), is that we can do by ourself or have to go with lawyer.Please advice....

    I have approved 140 and my PD is : AUG 2006 EB2- I.


    H-1B visa extension deposit $ 700
    H-1B visa USCIS filing fee $ 320
    H-1B visa AWCIA filing fee $1,500
    H-4 USCIS filing fee $ 300

    Balance Due $2,820

    Thanks, Rayen


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  • Raj_2009
    08-18 10:40 PM
    Hi YabaYaba,

    Thanks for your kind advice. I tried to take Infopass now. Shockingly, no appointment is available for August and September. Is there any way that we can get emergency Infopass at Local office?


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  • greatguy
    02-16 11:42 AM
    I know 485 cannot be filed without PD being current. Can one do consular processing without being dependent on PDS:p

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  • tampacoolie
    07-26 08:47 PM
    I was asked by my lawyer to prepare this document in a tabular format. The document is to list my entry and exit dates, I797 numbers and I-94 numbers in a chronological order. He also suggested to decode the entry and exit stamps in my passport and take a copy of all these evidences and placed in chronolgical order. I dont know what the purpose here, I had all documents in scanned PDF and it was easy for me come up with document with right dates.

    Date of entry
    or Extension Approval | Status | I94 Validity date I-94# Exit Date


    01-26 05:17 PM
    Hello Guys help me out

    I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master

    Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.

    Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.

    University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.

    Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.

    I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?

    I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents

    So I dont see any reason to get rejected?. But please give your suggestion

    04-16 09:34 AM
    Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.

    Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?

    Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?



    EAD/AP should be extended by you. I am surprised your employer is involved in this. You will need a copy of your 485 receipt notice.

    Even if you are working on H-1b, it is much safer to pony up the money and keep your EAD renewed and available at all times. You never know when things change.

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