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  • sapking
    02-22 09:45 AM
    First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.

    You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.

    It could take some more months, before you are able to file for 485 again.

    Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.





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  • srinivas_o
    08-24 12:01 AM
    What do you mean by your post "Msg deleted"?

    Msg deleted





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  • bekugc
    03-04 04:46 PM
    hello;

    Here are my details.

    1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
    2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
    3. became eligible for ac21 in jan 2008
    4. so far not yet used AP or ead

    the qn is -->

    1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
    2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
    3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
    4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.

    can you give ur opinion regd the above qns? thanks





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  • saurav_4096
    10-15 10:38 AM
    I think you there should not be problem as you have new job offer...

    One thing I could not understand , why have they called for interview ? I know few people in similar situation got their GC mailed to them.

    Have you informed USCIS about AC-21 after leaving petitioner epmloyer ?

    Good Luck...



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  • sam2006
    10-01 09:55 PM
    I think his friend is a full time employee of Lehman.

    Yes he is( was ) a FT at Lehman





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  • santosh_3000
    07-18 01:27 PM
    Friends .. Please reply/suggest as its very urgent to take decision. Thanks!!


    Hi,
    I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..

    Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.

    I need your valuable suggestions to make my decision, my questions are:

    1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???


    2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?

    3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???

    5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?

    Many Thanks in Advance!!



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  • smartboy75
    07-17 07:25 PM
    Hi All

    As the dates become current, I see a lot of people asking the same questions again and again....why can't people do a little search on the forumn before posting repeated questions already asked before ..For eg: Filling i-485 and presence in US or filling without the help of lawyers....

    I mean come on guys..we call ourselves highly skilled labours and don't even have the skill to find out answers to common questions by searching the forumns???? I am really begining to doubt the IQ of some cause if not how do u explain it...

    DON'T GET ME WRONG....ACT SMART





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  • Saiom19
    08-09 12:07 PM
    I think "augustus" worry is related to the application acceptance ...what if USCIS sends it back post August 17, 2007? One way to check that USCIS has accepted application is cheque clearance....well we are all in the same boat......Happy sailing!!



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  • alien2006
    09-27 03:25 PM
    Okay this might seem really silly, but ... we got two kids < 2 years and our FP apt is at 8am. That's definitely going to mean cranky kids so I want to prepare as much as possible for the worst.

    Question - How much time does the FP process take for two people? Ours is code 3 - fingerprints, photos, if that makes any difference. Is there typically a long wait at the USCIS centers?





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  • dealsnet
    03-30 12:14 PM
    According to current visa bulletttin, EB2 -INDIA is 15 FEB 04.

    Your profile shows your PD DEC. 2005.
    How you got the GC, when the PD is not current?
    If any mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.
    All:

    I have a question with regard to legal status:

    Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.

    (a) What will be the status of my wife and son after the 2 month period?
    (b) How will I be able to keep my wife and son in a legal status, after the 2 month period

    I would appreciate some wisdom here.....



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  • vinabath
    07-02 03:47 PM
    So you found it ..... I suggested my friend to get married to his american gf , I think that would be the legal and ideal shortcut

    So was he planning to dump her?

    Anyways what kind of this shit is this God??, How can you say get ready to file for 485 from July 2nd. And when July2nd comes you say ' Shut the suck up and stand in line'

    USCIS, what kind of sadist org/agency you are??





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  • days_go_by
    08-20 09:15 AM
    Or is it only for EB3
    ----------
    for now only EB3.



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  • kondur_007
    09-15 11:17 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    First of all, do not confuse tax filing and immigration! These two are totally different ball games.

    As far as tax filing goes, here is what i can tell (to the best of my knowledge):

    1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).

    2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.

    3. Now your third question is related to immigration. Here is what I have to say:
    Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
    Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
    What can be done for this? three ways to straigten this up:

    1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.

    2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).

    3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.

    Good Luck.





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  • eldrick
    07-31 03:46 PM
    Last week, I submitted my documents to my lawyer but until now I haven't received any confirmation from my employer yet if my application has been filed already. We are not allowed to contact our lawyer directly so I'm just relying on my employer about this. I'm quite concerned coz there's no way for me to find out if they have filed it or not.
    Is there a way? Please help me please. Thank you



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  • satyachowdary
    06-01 09:22 AM
    Hi,
    If old priority date is not ported then send an email to ebupdate.tsc@dhs.gov(for texas service center) and request to use old priority date for your new application and ask them to interfile I-485. Google for 'I-485 interfiling request sample letter' and you'll find sample format letters. My interfiling request took just 1 week and I got CPO letter, waiting for the physical cards. Good luck.





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  • go_guy123
    07-14 10:16 AM
    I have my I 140 approved and No I 485 has been filled yet. My brother became US citizen so I would like to file for I 130.

    As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?

    Check out the visa bulletin. There also the backlog is 12+ years for F4 - India category. So if you apply now....you will get in 2021 !!!



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  • gc_chahiye
    09-24 04:10 PM
    Message for USCIS:
    PERPETUAL EAD AND AP - STOP STEALING OUR MONEY AND CREATING MORE WORK FOR YOURSELF

    they are not stealing your money. The current situation can be explained on the basis of existing laws. Need to be careful about our messaging.

    The very fact that all fixes we are asking for are legislative changes implies that the current situation has less to do with USCIS and more with old arcane laws. There are a lot of things USCIS can be accused of, but not 'stealing money'





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  • eyeopeners05@yahoo.com
    04-30 02:25 PM
    I thought we could do a AC21 for h1b or EAD and your latest post suggests I cannot ?





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  • chanduv23
    09-03 10:00 PM
    Politely: I think that my time can be better spent distributing fliers. My time is limited, if I attend this I won't have much time to distribute fliers. So unless someone convinces me why this is more important I won't be attending.

    The event is mainly to bolster the attendance for the Rally and also give the community an opportunity to interact with other community members to discuss mobilization plans and campaigns.

    While few members are highly informed on all these things, a lot of members will have basic questions.

    Distributing flyers is good, we we must continue to do that - these flyers must be distributed at strategic locations otherwise there is not much use. The locations would include highly populated skilled workers areas like Jersey and NYC where thousands of tech workers are affected by retrogression and also universities where students who graduate will face the quota issues when they look for their first job.





    indyanguy
    06-29 03:08 PM
    I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.

    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
    2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
    3. Can I file for a new PERM at that time and get an extension based on that?
    4. Do I need to refile I-485?

    Please help!





    iwantgc
    09-11 07:35 PM
    I was hoping something out of IV's effort that SKILL bill be passed before end this year but it appears this organization's voices are not even heard nor included in the picture.



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