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  • ndbhatt
    06-23 12:11 AM
    Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

    While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

    I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

    Could someone please advice?

    Thank you.

    There are several hundreds of people who missed July 2007 fiasco, including me. Unfortunately, nothing can be done on humanitarian grounds. Only thing is wait in never-ending queue until you turn comes or wait for favorable immigration policy changes.





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  • veni001
    08-26 05:03 PM
    AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.

    .....and none of the accredited universities give you admission to MS unless you have bachelor's degree, and most of the online MS degrees are not from ABET accredited universities, please get all the information about the degree before you pay any FEE:o





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  • singhsa3
    09-15 11:47 AM
    Folks there are three threads on the forum that are targeting the similar objective.
    http://immigrationvoice.org/forum/showthread.php?t=21340
    and
    http://immigrationvoice.org/forum/showthread.php?t=21453
    and
    http://immigrationvoice.org/forum/showthread.php?t=21493

    Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action.
    Please RSVP

    This meeting is online and is for an hour.





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  • anandrajesh
    11-26 02:35 PM
    Thank you so much for your response.

    So If I understand correctly I will have to staple the current I-94 (bottom part of I-797) from company C to my original I-94 in the passport i.e the I-94 I got at the time of entry (the one which has the company A info , I mean the type of visa , valid till etc.)

    What abt the I-94 from company B(the one which I have the copy of) . Does it need to be stapled too while I am leaving US ? If yes, can I staple the copy ?

    Thanks again for your time.

    I was under the same situation as u are, when i left to india last month. I stapled all I-94 records together and gave it at the airline counter. It is Arrival/Departure Card and they need all the documents to document your status correctly.

    As far as the Interview, I Carried current I-797 original for the interview and carried all copies with me. I had the copy of all approvals NOTARIZED by my Attorney.

    The interview at the embassy was a breeze. No questions asked, none answered :)



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  • FredG
    April 10th, 2004, 10:19 AM
    Well, Anders, we've determined that you can capture a bird in flight as long as it has a stick in it's neck so you can keep it in track. (kidding) Not many things in nature are perfectly round, straight, and sharp, sot this is man-made. We have good views in shots 2 and 5 showing it entered from the front and never came out. I'm guessing it flew into a dowel that someone was using for whatever. Maybe attached to a dock, or on rocks, or even in a local dump. Whatever it was, the bird would have crashed into it with pretty good force. That leads me to believe it was attached to something and the bird came in to land straight on, so the profile was just a dot.
    Fred





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  • samcam
    10-24 01:59 PM
    Thanks Chanduv23! Hopefully it will be a RFE :)



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  • eb3retro
    07-27 12:48 PM
    Friends,
    Finally my 485 is approved,
    " On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"

    Long wait is over....
    I thank IV core members and all others for their efforts and information.

    Case details
    EB3 - India
    PD - Nov2003
    RD - Aug 2004
    Approved - 7/26/2007
    RFE - Birth Certificate and 325, Yes replied last Sept.


    wow..when did you file your I-485? cos, I am in Jan2003 and never had a chance to file 485 until now...could you elaborate???





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  • eastindia
    07-29 11:01 AM
    Why did you use a sub labor? Is it the same employer you are working with now? Is the employer blacklisted? This answer may throw some light on your denial.



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  • GCmuddu_H1BVaddu
    05-01 09:05 PM
    (removed.... post reached the people who are supposed to see).

    Don't tell the world that you r a linebreaker





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  • elusive
    07-10 01:13 AM
    Hi,

    I got the standard RFE
    1) End date in client letter
    2) EE relationship
    3) show project validity till h extension requested( 3 years)

    RFE response to be received on or before July 10 2010

    With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR

    My question is

    ) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
    2) Or will USCIS will accept the respnse since it was posted before on 7/9

    I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...

    any advice please



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  • h1extn
    08-07 11:24 PM
    Hi All
    If I migrate to Canada as a temporary worker, is it possible to come back to USA in H1B visa after one year if some company in USA is willing to sponser my H1B ? or there are any restrictions? please help





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  • gcnotfiledyet
    03-16 05:54 PM
    My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????


    If you show them marriage certificate they should be able to backdate the dates of coverage. That is what happened in my case. Other option is to shop for private insurance for few days. You will pay premium. Get some cheaper insurance then you run risk of lot of loopholes in coverage. Get travel insurance from companies in India. There are plenty and you can find discussion on this forum. Check with pre existing condition clause with your insurance company even if the coverage starts from 1st.

    Other option is to have your wife come after 1st of month or pray to God that she doesn't fall sick, just kidding.



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  • enthu999
    09-09 04:18 PM
    I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.

    Thanks

    Theo

    Until you file for 485, you don't have immigration intent, I-140 is employer application.
    So, you might be ok with TN renewal. Once you file 485 you cannot go for TN renewal.

    Also, If your I140 is approved I guess you can apply for H1 beyond 6 yrs. Else, the normal 6 year rule may apply in which case folks have to stay out of country for an year and come back.





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  • nixstor
    09-27 02:11 PM
    Lou Dobbs need to talk to Heenan and not the vice-versa :)



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  • little_willy
    05-02 12:56 PM
    I am in a similar situation. I was offered the job but was later declined in a top 5 fortune company because of this scenario. My 6-yr H1 ends on Sep 2007 and I have a 3-yr extension based on approved I-140 with current employer till Sep 2010. The company attorney that initially offered me the job reasoned that this is a grey area and they are not willing to take the risk. So, bottomline is different immigration lawyers have different opinion on this matter. It is a case of how you read the grey print.

    Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.





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  • sgX05
    02-12 01:53 AM
    Another interesting thing is that the status on both 485s went from Request For Evidence to Initial Review. Had got and responded to RFEs on the 485s back in 2008.



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  • martinvisalaw
    10-06 05:45 PM
    You could apply to change status from L-1 to H-1B while staying in the US. If the L-1 expires while the change of status is pending, however, you could not work during the gap.

    You should not have a problem getting a H-1B visa in India. Have you thought about Canada or Mexico either?





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  • gcdreamer05
    10-02 01:47 PM
    I saw so many RFE recently. I am wondering If there is RFE, the attorney can not represent me. Can i just send RFE by myself to CIS? Or the attorney has to do it.

    Thanks

    RFE one pending 485 or RFE on what, please clarify...





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  • anilsal
    11-07 09:27 PM
    http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=15252

    IL Meet and Greet.





    honge_kamyaab
    02-01 12:54 PM
    I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.

    I'll fill this paperwork and the list of items to be brought in later. Possibly answer
    any questions the officials at the POE ask. Anything else at POE that I need to do?

    After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.

    This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.

    Please advice.





    The7zen
    03-24 02:23 PM
    ...looks like you are in a tough situation...try to get a H1B transfer ASAP, i know its gonna be tough in this market, but don't loose hope and keep trying...Good luck.



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