Thursday, June 9, 2011

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  • nvmurali
    06-02 04:20 PM
    You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.

    This is not legal advise - a lawyer consultation is highly recommended.

    I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)

    Thanks,
    Murali





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  • abhijitp
    02-12 06:13 PM
    Now hang on a minute there!

    There are IV volunteers leading double/triple lives juggling full time jobs, families AND full time IV work and some members have the GALL to say that:

    I dont want to take the pain of "mailing the letters"

    Anyone giving this excuse has ABSOLUTELY NO RIGHT from this point on to complain. This is as easy as the IV core can make it! Write those letters or SUFFER IN SILENCE

    Bang on.
    People discuss Visa Bulletins to no end, but why don't they pick up a pen and paper to DO SOMETHING that will render Visa Bulletins virtually meaningless ("ability to file I-485 without PD being current")?





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  • dce.deepak
    09-30 04:05 PM
    it doesn't make much sense even after google translation. If you understand then can you please translate. I want to know what other people are planing in that forum





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  • samrat_bhargava_vihari
    05-03 04:55 PM
    janakp, why do you have to post your stupid reply to every single post.You are acting like a policeman at stoplight, trying to direct everyone.
    Sadly Immigration voice is giving importance to the “ number of posts” rather than “number of valuable posts” .
    Some people are more interested to upgrade their title by putting more number of comments, which will have no information.
    I request every one to understand that these are just somebody thoughts/comments some time they may be correct and some times
    they are just garbage.

    Janakp Can you tell us how many valuable posts you posted out of you 328 posts.



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  • FinalGC
    10-24 11:19 AM
    I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.

    Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN

    I have couple of friends who have claimed like this....

    if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....





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  • eilsoe
    10-02 02:08 PM
    Sintax321: Here's the blobs I started with, these were made in 3dsmax4, then imported to photoshop and tampered with for about an hour...

    feel free to use these as u like, just don't pass'em on as your own work... Although i don't think you would.

    www.avalon-rev.dk/blob1.jpg

    www.avalon-rev.dk/blob2.jpg



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  • canmt
    10-26 11:00 AM
    Ashkam is right...

    Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.

    Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.

    The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.

    In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.

    I hope this helps and good luck on your green card pursuit...





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  • permfiling
    10-27 01:27 PM
    Congrats ! I guess the 3 green card is a magic number as mine was 10 yrs stay and 3 GC applications as well.

    Did you receive the I-797 approval letter and at which service center was your case approved at.

    Thanks



    Hi All,

    After 7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......I feel so relaxed now.

    However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.

    following is the current status in the online status of my 485:


    Post Decision Activity

    On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.



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  • eb3_nepa
    08-02 11:54 AM
    I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?

    So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.

    I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.

    Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".





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  • roseball
    07-20 05:02 PM
    I thought as per the new memo it is advisable to extend your non-immigrant status even if you have filed your AOS and work on EAD.

    I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid.
    When their spouse extended their H1B's, they did also extend the H4 petition to get new I-94's.

    Like the attorney mentioned, you can't maintain H4 and AOS status at the same time. You can file for H1 to H4 COS but as soon as you use your EAD and start working, you will lose your H4 status. Having a valid H4 I-94 does not mean you still maintain H4 status. You can't work on H4, period. EAD gives you authorization to work based on your pending I-485, but then using your EAD will put you back in AOS pending/Parolee status. Hope this helps...



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  • ksrk
    08-14 08:08 PM
    Hi Omved,
    You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.

    Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.

    Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).

    BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.

    -K

    DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.





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  • ksarin1
    01-13 01:52 PM
    I understand what you're saying.

    I just want to know what should be done moving forward.



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  • jliechty
    May 24th, 2005, 10:00 PM
    It's hard to explain, but the first two don't really do anything for me. The third one is certainly a step in the right direction (totally fugly JPEG artifacts ignored), and I think that with a bit of post processing you could really take it in some interesting directions. My eye only notices the deer after a little while; if you wanted to focus more on the deer, you could use a masked adjustment layer to subtly (the key word is subtly - very subtly) darken everything but the animal, and another adjustment layer to add a tiny bit of contrast only to the deer. Of course, QJ will come up with many other and more creative things to try, but that's off the top of my head a few ideas to start with. :)





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  • priderock
    09-01 05:51 PM
    Congratulations to those who got the "Card Production Ordered" email. Could you guys share if you had to go through a second finger print

    No second FP for me. first one in 2007. I had the very same question before. I gather that they are renewing the old FPs.



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  • Gigantic697
    10-20 02:43 PM
    Anyone guys...?

    I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.

    let me know if anyone has the same case or gone through this.

    Thanks





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  • franklin
    07-10 12:10 AM
    May the government discriminate against non-citizens in matters not related to their admissions to the United States?
    Among the most important sources of legal protection against governmental discrimination or abuse are the Fifth and Fourteenth Amendments to the Constitution. They provide that no person shall be deprived of life, liberty or property without due process of law and that no person shall be deprived of the equal protection of the laws. Thus, the right to due process, equal protection and the other fundamental rights that are encompassed by these principles apply to all persons in the United States, including non-citizens.

    Which law would we be breaking by sending flowers?



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  • jayleno
    08-13 10:32 AM
    What happens if everyone opens a thread for each goldmedal?...

    Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!

    http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd

    http://en.wikipedia.org/wiki/Michael_Phelps

    More golds expected.





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  • JunRN
    07-18 03:55 AM
    I have this dilemma. Since schedule A is exempted from LC, the priority date of Schedule A is the filing of I-140.

    My question is:

    Should I need to file in July to get a "July" priority date to say that I am filing using the "July VB" or can I file in August, in which I will August PD?

    If I file in August then will get August PD, shouldn't it be construed that I am using the "August VB" therefore not allowed to do AOS?

    My lawyer says otherwise.





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  • overhere
    07-18 08:08 AM
    Schedule A visa is not available. Schedule A simply means that we are exempted from LC. All we need is to file I-140 concurrent with I-485/EAD/AP.
    Our visa is also EB3.

    Now, the question is whether we need to get July priority date or we can get an August priority date and also qualified under this scheme?

    i know what schedule a is. i just thought it's no longer available since it's not published on the visa bulletin.

    as for your question, i think you're referring to july or august visa bulletin. all those who are qualified to file 485 (concurrently with 140 or not) are covered under the original july visa bulletin as long as the application is received on or before august 17th.

    from: http://blogs.ilw.com/gregsiskind/

    "For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion."





    karthkc
    07-17 03:49 PM
    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?

    When you started using EAD, did you file for AC21? If you did not or don't know what AC21 is, you will want to talk to your attorney.





    jonty_11
    01-18 12:53 PM
    yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.
    and trust me they will find one....

    BTW - Canadian Dollar is doing better that USD...!!!!



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