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  • rolrblade
    02-21 09:04 AM
    Here is the problem with your case, in my view.

    You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.

    In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.

    If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.

    Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.

    As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)

    If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.

    PM me if you need more help.





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  • GCBoy786
    10-08 05:14 PM
    What do u mean by that? I'm a July 2nd filer.





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  • factoryman
    06-19 02:27 PM
    don't delay or filing. your treatment is a protocol or SOP. you should be fine

    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.





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  • gatec77
    07-18 05:19 PM
    Since his i140 is approved he should be eligible for H1B 3 yrs extension. I think it does not matter even if has changed employer.



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  • sintax321
    11-18 02:56 AM
    Losts just had more to it. Very nice focal point with hte flower. Both are good though:)





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  • hemtir
    06-24 09:43 PM
    Hi Augustus,
    Positive in skin test could be because you had taken BCG vaccination in your childhood which is quite common in India. Check with your parents. If that is the case, you are absolutely fine and you don't even have to take medication. Your negative X-ray test confirms that your positive skin test result could be false. Positive test result only indicates that your have TB antibody in your body which is due to vaccination and not because real exposure to TB. Since BCG vaccination is not common in US, they suggest TB skin test.

    Please cross check with the doctor on this before reaching any conclusion.

    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.



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  • desi3933
    01-14 10:57 AM
    http://www.cis.ctc.edu/pub/groups/ppmsug/ICvEEHandout.pdf


    __________________
    Not a legal advice.





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  • DSLStart
    06-03 02:44 PM
    Did you also mail them other supporting documents such as:
    copy of current I-94
    copy of I-485 receipt
    DL/PP first two pages etc?
    These are all mandatory supporting documents to be mailed.

    I just got the RFE for the I-131 and they just asked for two pictures.
    I applied online and the asked me not to send anything, so now they requested these pics.

    I already sent them, so hopefully I'll get my travel document soon!



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  • shivarajan
    09-20 01:46 AM
    have been using mobissimo.com search engine for flights and works gr8. It's searches across all other travel sites. :p





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  • snathan
    02-15 11:55 AM
    Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?

    I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.


    Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)

    The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.

    DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.

    In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.

    Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.



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  • netsavvy
    03-28 08:12 PM
    This is a very good point.

    Given that the 5/6 year timeframe is being already mentioned for illegal immigrants, it should be easy to have this extended for all immigrants who qualify as of the date of implementation of this bill.





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  • waiting_4_gc
    07-18 06:48 PM
    Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.


    Its going to be another lawsuit :confused:



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  • eastindia
    05-18 12:55 PM
    I thought about it again and think everyone has the right to post on forum as much as you. If IV does not like it, they will delete it. If you do not like a thread do not read it. Who is forcing you to read a thread? If you want to read something specific to your interest, there is a nice website I found recently. It is called 'Google'. All you have to do is type a keyword and Google will give you back thousands of websites of your interest for free. Isn't this amazing?





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  • lacrossegc
    09-23 11:40 AM
    You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....

    OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.



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  • trojan
    05-02 03:23 PM
    There are several things that can save you a bit!
    You can do balance transfer on your credit cards in US every year for the amount you usually save in a year.
    So, say you save 25k in a year, take that much amount in balance transfer on a credit card here for one-time 4% balance transfer fee, transfer it to india and pay it in a year after you saved that much.
    You can also take loan on your existing car for close to 5%.

    I took HDFC home loan in india, and knocked out close to 25k every year from it by doing the above.





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  • rangaswamy
    06-25 05:07 PM
    Went in on Friday to get the name change done. I will get it back on 9th July about 11 working days thought web site claimed 6-8 working days.
    For 16, take a copy of what ever visa you are on.. H4/H1 etc.
    Column 31 should be left blank as its a name change.

    PS use new signature below photograph for new passport. Also new name should be filled in the form.



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  • uslegals
    01-29 11:05 AM
    Congrats.
    After Greencard, you can actually do a lot more to help this community. We are looking for such GC holder people within IV that are interested in political advocacy. If you would like to get active contact IV.


    Thanks for all the good wishes.! Pappu - Kindly PM me details about how i can get more involved in IV's mission.





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  • kirupa
    11-19 07:04 PM
    Congrats lost! Voting twice for your own name *coug* mdipi *cough* doesn't really help all that much =)

    Cheers!
    Kirupa :rambo:





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  • immi_twinges
    07-09 07:42 AM
    Lets forward this link to DOL ??? How do we do that? Anyone?????????


    http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=75iiC9Gi&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTEmcF9wcm9kcz0mcF9jYXRzPSZwX3B2PSZwX2N 2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJnBfc GFnZT0x

    the link is too big

    so, go to http://contact-us.state.gov/

    and find the option where u can email them.
    :o





    gandalf1234
    02-10 03:33 PM
    just updated my profile .

    so I should not worry about H1 right . I just want to amke sure they willl now not approve it . got GC after long time do not want to screwed due to this .

    was you in this situation too and got denied H1?





    cygent
    07-01 04:45 PM
    20K ...is that what it cost you so far ??? that is way too expensive.. I agree how can a poor laborer afford such fees ?

    I am single & have invested $14k towards GC (old labor RIR itself $6,900/140/485/ead/ap/premium fees) & still counting (coming up $1000 for H1 extension, $700 ead/ap renewal). And to think initially my Attorney quoted $7,500 :mad: for the entire process, then manipulated to the current fees.
    If I had known all this b4hand, would have just found someone to marry years ago. Now I cannot afford a decent apartment/stable address with all these hurdles. :mad:



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