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  • martinvisalaw
    06-29 05:12 PM
    Hi Ms Martin,
    Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.

    What if my visa petition gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.

    First, you cannot get admitted to the US with an expired visa, unless your trip is just a short one to Canada or Mexico.

    Re. your second point - your H-1B extension will still be valid even though you entered using the AP. You can use that approval notice to get a new H-1B later if you want one.





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  • IV_Friend
    03-29 04:39 PM
    Dear Attorney,
    My Brother is working Employer "X" on H1B.
    His employer started his Green Card Processing in 2007.
    His Labor (PD 2007) and 140 are approved by 2008.

    Because of some reasons he had leave the employer "X" and Join Employer "Y".

    Employer Y, willing to start green card process.

    Can my brother use prior Priority Date?

    Please advice. I Appreciate your help.





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  • ss1026
    07-06 11:43 AM
    YOu are correct. If you have an approved I-140, you get
    - 1 year extension if PD is current
    - 3 years if your PD is not current





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  • ajay_hyd
    02-08 12:53 PM
    If its been more than 180 days since your 140 was approved, can you not use AC21 to move to a new job (similar). even if the old company revokes the 140, you will get RFE/NOID and you can reply back in specified time.

    correct me if i am wrong.



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  • mmk123
    12-19 04:41 AM
    After near to unsuccessful attempt to spoil healthcare, *R* team is getting ready to spoil immigration reform efforts. Writer is well-known for talking baseless, stupid and racist comments. But, unfortunately the political atmosphere is such that even SJ news-paper couldn't resist posting this. Fasten your seat belts and get ready for even more bumpier ride than health reform.





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  • reddymjm
    05-16 01:53 PM
    Sent an email to 20 of my friends @ work to that and following up with them.



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  • zerozerozeven
    07-24 09:19 AM
    I got my H1B visa inside the US and when I went to the consulate, the lady refused to stamp my visa. I had to go to the passport office and get an "observation" that my name should be read as
    First Name : "FirstName"
    Last Name : "LastName"





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  • gcwanted101
    09-01 04:26 PM
    Thanks gcwanted101.
    So it looks like G639 is only for requests to USCIS and not for DOL.

    Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
    I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.
    lj_rr,

    you dont need any special form to make FOIA request to DOL.

    "The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "

    U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)



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  • raju6855
    02-02 09:33 AM
    Thx for your reply.

    But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.





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  • nozerd
    09-06 04:39 PM
    Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.



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  • dtekkedil
    07-02 05:20 PM
    Hello Folks,

    We have all been victims of a cruel joke played by DOS and USCIS! We should not stand by and do nothing!

    We should call the new organizations and let them know... make sure that they cover this fisco!

    But, I want to see this issue in the news not just for a day or two. The one thing that will catch people's attention is we do something OUT of the way!

    I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!


    So, if people are interested... let us start a send a flower a day campaign!





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  • eb2_mumbai
    10-20 09:35 PM
    First of all I am not going to judge you by your actions because I do not know the full story of why you did it.

    Now coming back to your question. There are few things you need to do.
    1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you

    2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.


    My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.



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  • kumar26fl
    09-21 09:49 PM
    Good idea! Let's have a 'Membership Drive Week' and increase the membership.





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  • 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.



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  • texcan
    01-06 04:33 PM
    The officer retains one of the original AP the first time. The other one that is handed over to you is stamped. So next time, you show the one that is stamped to enter and you will not have to give them any more copies.

    Now my experience may be different, but i believe there are some differences in the process.

    My AP Experience:
    No secondary check, i told officer that we are using AP. He said fine,
    took both copies , stamped with AOS stamp and gave back both copies.
    I donot think he made a copy for himself or even kept one original.

    I was worried about re-entry as my wife had status change and had not gone back home after status change; and then this 485 filing.
    But overall it was very sweet.

    I must say there were few others going thru AP process at Chicago with us, and no one had to go to another room for screening or Finger printing.
    My gut feeling is, we had our FP for 485 done earlier this year in US so they may not need another FP. The FP when using AP might be for people who have not gone thru FP for 485.

    my 2 cents,

    AP is easy no worries, as long as you have right papers ( AP ) you are good.
    We were not asked for anything other than AP.

    HTH





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  • redcard
    04-02 10:01 AM
    Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!

    Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.



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  • dbevis
    April 16th, 2004, 06:29 PM
    Hmm, anyone know how to Photoshop some people into a bubble? :)
    Whom did you have in mind? :)

    A little deform tool work to approximate the curvature, then blend that and the original image together. PSP has a "geometric effects" tool called "spherize" that would take care of the first part.





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  • Desertfox
    06-01 08:39 PM
    Your current salary has nothing to do with your Labor Certification. LC is for a future job offer and you are supposed to get that salary only after your I-485 approval. Hence there is nothing to worry about it.

    As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.





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  • PBECVictim
    03-12 07:09 PM
    Did you get second finger print notice before approval? When did you go for first fingerprint notice?

    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center





    greeku_veerudu
    06-27 04:25 PM
    Simple solution to your problem is to hire a CEO to run your business. Appoint a CEO a week before her EAD is expiring if she does not get her EAD by that time. You can pay a minimum salary, say $500 a month to run a company. Mind you, technically, she has to give all powers to the CEO including check writing powers. So the person you are hiring should be trustworthy. If she doesn't have EAD, she can not work for the company, not even sign a check or receive a phone call on behalf of the company. She can not even hire a CEO once her EAD expires. So it is important to appoint one while her EAD is valid. She can have this arrangement until she gets her EAD.





    BimmerFAn
    06-22 10:10 PM
    I don't have a Masters although most people I work with do. I work in Audit/Advisory. One must have at least 150 credits at US University to apply for the position. Most people get their Masters in order to satisfy this requirement. I double majored in Finance and Accounting and am now worried that I shot myself in the foot.

    The job requirement states:
    Masters or Bachaelor's of Accounting (if 150 credit requirement is met) is required.

    The position implies a Master's Degree requirement but will accept BS if, as in my case, one double majored or took on alot of classes.

    Like I mentioned earlier, I am from Europe so I am wondering how severe the backlog is. I can't believe the wait can be that long.



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