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Wednesday, June 8, 2011

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pkv

04-13 05:35 PM

For a medical REF how many days do we have to reply?

Thanks,
RabiS

Doesn't your RFE letter says it clearly? They mention a "reply by date" also on the letter.

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go_guy123

09-25 10:53 AM

No worries,

go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

in the above link go locating the following news line, read and enjoy

""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""

Hmmm....more money for USCIS, 2 times filing and double fees.

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supers789

07-15 12:12 AM

When PERM was applied.

I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?

I will send out a response when I hear from him.

Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

Thanks.

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gc4me

07-30 11:50 AM

I guess you meant 'Spouse related difficult GC question'. :D
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)

I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.

Thanks for the input.

more...

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i-serf

05-24 09:38 PM

As previously mentioned in this forum, a year back (almost) when my visa stamping had not expired I had approached the MD MVA for my license. Due to a last/first name issue in my passport they declined the DL. Now after going through the name change process in US and India and getting the court order, I re-approached the MVA. After multiple levels of screening and approvals taking full 4 hrs, finally I got my 5 year license this Thursday.

MD license rules changed and there was lack of clarity for everybody some weeks back. Now there seems to be better clarity. Having SSN and i-94 is important as I felt.

If some one is in the same boat, I hope this info helped.

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rbharol

09-20 12:24 PM

Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.

Thanks in advance for your answer.

Answer from my Lawyer is No.

I tried to commercialize my website which you see in my signature. Plan was to sell
the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.

more...

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arunmohan

07-13 02:39 AM

I am in if IV decide to file a law suit. I will contribute.

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javadeveloper

07-26 04:51 PM

If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this

You can get EAD even if your I-140 is pending.Correct me if I am wrong.

more...

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nvishy

05-12 09:36 AM

You have no other option except to wait in Toronto. If the consulate decides to issue visa, then there is no need to go to stamping in India as they will issue the visa themselves.

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whitecollarslave

04-17 05:53 PM

Interesting case posted by lazycis. This is a good example.

I haven't read all of it but I gather that it is important to keep evidence of the fact that you were working and not fired or laid off during this so called "bench time". Keep proper documentation during this time. Keep records of emails, travel, internal projects, timesheets, partial pay, anything that you can use to show your continued employment. Don't give the the employer a chance to claim that you were not employed or on leave of absence during that time.

more...

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freddyCR

January 13th, 2005, 02:31 PM

Just a red "X"

Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed. [Archive] - Immigration Voice

View Full Version : Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed.

lank food pyramid worksheets. cards is Old Food Pyramid; cards is Old Food Pyramid. FF_productions. Aug 15, 01:18 PM

waitforevergc

09-04 02:05 PM

People:

Please pray that EB2I becomes 2008 :)

I desperately want to file for i-485 and get EAD since my job is in shaky ground.

Please pray for me folks.

more...

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pappu

01-07 07:18 PM

http://immigrationvoice.org/

Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
Contact your chapter leaders for various state chapter action items.

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milind70

11-06 08:37 AM

Though this may be off topic, it is related to travel and NIV.

I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.

Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.

Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.

Thanks

I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)

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fromnaija

03-18 05:11 PM

I Have my EAD card but my spouse was in India when i applied for EAD. That mean she doesn't have EAD card rite now.

Can she get EAD or SSN?

Pls help.....

Unless you submitted I-485 for her she cannot apply for EAD. If you did submit I-485, yes you can apply EAD for her now by submitting form I-765.

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logiclife

02-08 11:48 AM

You want to keep your 140 intact for 2 reasons:

1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.

First, about 1:

There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.

In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.

About 2:

If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.

About preventing 140 from being revoked:

I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.

more...

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webm

02-14 09:28 AM

"If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current."

I heard it is based on ND(Notice Date) not RD(ReceivedDate) of 485.

HTH,

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arunmohan

11-14 03:51 PM

Thank you roseball. What is H1 COE?

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Hinglish

01-07 09:21 PM

Hello miss neha ,

Based on your post ....somehow I seriously doubt that you even got accepted into a premium university for MBA in the US of A ... are you sure its really premium? ... How the hell did a premium university accept an essay with such dastardly atrocious english???

your question is interesting .... and a premium university MBA person should be able to decipher the basic H1B regulations ....

The short answer ... yes if you already have a H1B visa and started work on it , you will be "cap-exempt" for subsequent "transfers" ...

Regards
Hinglish

I did my MBA in one of the premium university in USA.
My OPT was ending in May 2008, However since I was in cap-gap, I got a new I-20 from my school till 30-Sep-2008 and I continued working on my I-20 with my previous employer.

I applied for H1-B in FY 2008 under master quota from a small consulting company B.

My case went into RFE so I left USA on 30-Sep-2008.
I got a approved petition on 23-Nov 2008 . I went to New Delhi consulate for H1-B stamping. However I got a Blue 221 G slip. I never submitted any document as the consultant who applied for my visa , needs lots of time to process the documents. In the mean time I got another offer from one of the fortune 500 companies in USA. I am just exploring the possibility of H1-B transfer in this case. Ofcourse they will file a new H1-B application but would I be cap-exempt in this case?

Thanks,
Neha

gc_lover

04-27 09:57 AM

I had received the same story in email about 7 years back.

You are right. I keep getting emails with this story every now and then. I have travelled so many times to India and never had any problems of such kind at airport.

chanduv23

11-15 11:18 AM

What a shame and Ignorant people we are trying to motivate...

We are getting requests for getting into the State Chapter but when we ask people to take the survey they are not taking it.

If people cannot take a simple survey, how can they help themselves.

The Join State chapters campaign is going on for months now and it is pathetic that people are still sitting and cribbing and doing nothing but crying on IV forums.

It is really a shame on so called Highly skilled immigrants. Rather it must be highly skilled unmotivated lazy cowards.

Wednesday, June 8, 2011

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