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  • gc_aspirant_prasad
    06-22 05:19 PM
    Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?

    :-) Super! May be you can get him to donate that 30% to IV instead of a pay cut.




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  • Sai_07
    06-27 10:31 PM
    My I-140 was approved in Dec 2006 and still working with sponsoring company.

    Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.

    Here are the exact words from letter:

    In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.

    Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?

    Appreciate your help.




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  • paskal
    12-21 04:36 PM
    /\/\/\/\/\/\




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  • n2b
    07-13 02:04 PM
    SUIT OR NO SUIT, BUT

    The question is, how will this rally look and feel different from illegal immigrant rally?



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  • frostrated
    06-25 01:17 PM
    Here are the questions that I have:

    1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.

    2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.

    I would like to know what various attorneys think about this

    1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
    2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.

    any thoughts anyone?




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  • belmontboy
    01-09 04:08 PM
    Its like going to tirupati and asking people if they have seen any mottai's [mottai - tamil, meaning shaved head].
    :D

    On another note, practically everybody over here has seen/heard somebody losing their jobs...



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  • gc_kaavaali
    12-10 02:53 PM
    Please consider contributing IV...IV need your help to resolve our immigration problems.

    http://immigrationvoice.org/forum/showthread.php?t=15905




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  • krishmunn
    03-27 09:06 PM
    this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question

    In the link which you provided , you are talking about Pakistan and now you say you are from India/Bangalore. That is the first thing whcih proves that you are fake.

    And most important, India does not allow someone to enter without Passport (or a travel document from consulate).

    Guys, ignore this. OP is either an anti or just trying to make fun



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  • mhtanim
    02-02 02:59 AM
    She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
    Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
    She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
    Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.

    I second this. Unlike H-1B or H4 which are dual intent, F1 is not. After filing I-485, entering in the U.S. as F1 may cause complexities. I would suggest that you talk to a good immigration attorney.




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  • gondalguru
    07-08 09:40 PM
    BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.

    Hi Paskal:

    I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.

    Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.

    I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.



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  • aadimanav
    05-05 09:47 AM
    http://www.immigration-law.com/


    05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure

    * As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.




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  • Becks
    11-30 10:36 AM
    I have also applied for the canadian PR 1.5 months ago. Yesterday I got a letter from canadian consulate to sit for IELTS as I am clamming 16 points on language skill with supporting documents. Now, I do not want to sit for IELTS..is there any way out? Do you guys know any small consulting firm in canada who can give me a HRSDC approved job offer? I will not mind to work for them for a year if I get my PR (it's better then waiting for GC for another 10 years)...

    Is it mandatory to sit for IELTS? We have been working in US for few years so we cant do our jobs without knowing english. How can we avoid IELTS?



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  • eb3_nepa
    04-13 09:56 AM
    People on here mentioned that there was a special provision for a a further 3 month wait for the director of immigration studies to examine it. Is that true?

    Now is 90 days a normal wait time, or is there something special in this bill?




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  • thomachan72
    06-11 06:10 PM
    I strongly feel that CIR should be brought back and our amends included by our lobbying. Next time CIR is brought back, I am sure favorable amends for H1b GC applicants will be included/debated. I am only concerned about why there are no updates from the IV core group so far. Lets hope the lobbying firm that IV has hired is keeping track of the "behind the doors" discussions to make CIR more pleasing to those who voted against the closure of vote.



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  • maalelsi
    02-22 09:46 PM
    I went to web site and it still shows Jan processing dates.
    How is it possible?




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  • desi3933
    06-12 01:37 PM
    Severance package includes all benefits including health care. As per the law no can be paid full salary with deductions being made for Medicare and social security, if there is no valid status. My friends have gone through this stage in Big5, they can NOT cancel H1B until the last day of severance package validity.
    Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
    I have seen this happening so many times
    If employee choses a different option to stay legally, that's up to the employee

    Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.

    If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.

    One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).

    Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.

    Please verify details with your attorney/lawyer.

    ===============================================
    Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.



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  • gc_check
    09-08 08:14 PM
    No, Did not port to EB3, He is EB3, Filed for 485 in July '07 fiasco. He is consulting his attorney to see, what to do about the unusual approval. Also did not receive the FP, after filing for 485 in July '07 until last month, when they did the first FP mid-august. Pretty sure about that, from what I heard from my friend.




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  • rjgleason
    March 15th, 2004, 05:26 AM
    No...........I'm going to wait until the next generation camera phones come out........rumor has it the developers are going to include a 70-200 2.8 L IS
    with the ability to interchange with several other lenses not yet in development.




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  • ebizash
    06-20 01:53 PM
    My LC was filed as Database developer. After about 200 days of I-485, I switched job as Manager. I sent the job description to my attorney and they said I could switch as the job in same or similar "SOC Code". They also said that there is no need to let USCIS know about the change as it is optional. If USCIS issues a RFE, we will respond appropriately.

    The only thing I ensured and you should ensure too is to keep all paperwork in a safe and readily accessible place. You should keep pay stubs from old company as well as new one, job description and offer letter from both employers, and a document detailing circumstances of your job change (such as you changed job because you were afraid that due to market conditions, the company may go out of business or your dept may get outsourced etc etc...)

    P.S. - The attorney is a very renowned attorney and my old and current employers both are Fortune 50 companies.

    PM me if you have any question....




    santosh19
    10-31 02:08 PM
    What confuses me is or are you saying that calfornia service center no more process the H1-B extension. But when you go to processing time in USCIS website it still shows you that they process H1-B extension
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC




    suren26
    07-24 12:54 PM
    My LAWYER is saying the same that i am leagal till FEB 2010(compelting 6 yrs). He is asking me to renew the H1B for 1 year based on I140 appeal. and apply for new LC & and I140 based on that and if it gets approved then rebew H1B for 3 yrs based in new approved I140.

    But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?



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