Sunday, June 19, 2011

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  • santb1975
    02-13 05:17 PM
    Please participate




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  • lazycis
    05-07 02:16 PM
    are you sure of this ..if yes, then how does one do that ..do you need to show you can make the salary mentioned on your own ??

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
    Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.




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  • rheoretro
    09-25 04:51 PM
    No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...

    Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...




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  • sheela
    09-23 11:18 AM
    Anybody having experience with USCIS Ombudsman office. How urgent the cases are taken and how soon they are resolved? Does assistance help?



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  • immitul
    07-13 08:48 PM
    Your I-485 application could be nearing approval, as your priority date is current, and you are with in the USCIS processing time frame.




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  • ryanjoe_99
    05-29 09:47 AM
    I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.



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  • Lasantha
    02-26 10:38 AM
    If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.


    I really did not get that one. Is it possible to explain that please?




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  • GotGC??
    02-20 04:48 PM
    This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!

    Here is the link to database:
    http://www.flcdatacenter.com/CasePerm.aspx



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  • eb3retro
    06-17 05:51 AM
    Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

    Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.

    it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.




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  • seahawks
    07-19 08:32 PM
    I work in CA, my I140 is approved from NSC.
    But the lawyer sent the 485 to TSC.
    I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC

    Employment-based adjustment of status.

    File all employment-based adjustment of statusapplications at the following address:
    USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485



    Did my lawyer screw up?
    No, there are two theories, usually if your I-140 was approved from TSC, then 485 gets filed there. Most of the 485's got to Texas these days. Now if it was send in any of them, they usually forward it to the right center.

    I am from WA, mine I-140 was filed in TSC and so was my 485. They have different clauses like if you file concurrently, if your I-140 was approved and soo on.. so what is given online is not very clear. Don't worry, things will be fine. If you feel you are confused, always call USCIS and they will provide you the input.

    Not an attorney, just an observation and reading. I know lot of people filed in NSC and they got forwarded by NSC to TSC!



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  • letstalklc
    10-02 01:10 PM
    I could see couple of July PD audited cases has been approved...hopefully you might get some result.

    By the way did your case has been filed by Fragomen Law Firm?




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  • ruchigup
    08-22 10:31 PM
    Thanks for all the inputs....



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  • joydiptac
    04-22 07:35 PM
    well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..

    If the company gives a letter of avaliablity of the job..will that be binding?
    i.e. should i work for that firm..after getting a GC..

    I know 2 cases where the filer was on LOP for more than six months (atleast in one case):
    Case 1: The guy went for his MBA
    Case 2: A colleague whose GC was being processed in one of my previous companies way back in 2001. He got laid off. was on LOP. But the guy kept attending office and working for free. Then he got really lucky he was absorbed back.

    In fact some companies like IBM let you go on sabbatical. Meaning you can do whatever you please for a year then come back. It is legal.

    I suggest you get a second opinion from another lawyer before wasting a LOP.
    Also your second question I am not 100% sure. Then anything is possible if the company wants to support you. Cause GC can be for a future job offer. I heard of someone who applied for US GC consular processing while working in Singapore on the basis of a open job offer here. He got the GC but never came to US.
    Anyhow, all the best. I could not log in earlier because of some weird login errors, otherwise would have answered before.




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  • bkarnik
    04-20 05:29 PM
    I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.

    So what does the gurus suggest?

    When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.



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  • India_USA
    06-25 09:52 AM
    Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)

    In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.

    Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......

    So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.

    All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org




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  • radhagd
    03-09 03:19 PM
    H1B is not required for filing Perm labour. You can file Labour in EB2 and after labour got approval you can file I140 along with Request to port PD. Once you get I140 approved with early PD on it,file another I485 under Consular Processing, when your dates are current. This will not effect your current EB3 I485.



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  • newbie2020
    08-17 04:13 AM
    PA DMV requires atleast one document which has a later expiry to issue license, Take a letter from her employer stating she will be working in PA until a later date (Say 12/31/2011 eg). Show it to them and they will issue license.




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  • ash27
    04-02 10:20 PM
    It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.

    My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.




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  • RandyK
    07-15 03:18 PM
    Congrats!!

    EB2 or EB3 ?



    All,

    Chennai Consulate has released the August appointment schedule on their site.

    http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf


    I got an appointment too.. yahoooooooooo...




    ch_murthy
    06-08 06:20 PM
    Hi
    I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.

    Thanks

    Mine filed on March 6th and got approved on May 25th.:)




    Steve Mitchell
    October 27th, 2003, 10:14 AM
    I like the second shot quite a bit. I think that would look fantastic in a large nice frame.



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