Saturday, June 25, 2011

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  • desi3933
    06-21 10:30 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.

    Not a legal advice.





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  • shirish
    03-14 03:20 PM
    My parents came on Jan 10th on Luft from Bangalore and they did not need a transit visa. I hear that the only time you may need a transit visa is when you are traveling to India on an expired US Visa. Even over this there is confusion.
    You are right. I checked it with Germen consulate in DC few days back.





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  • rock of jesus christ cross



  • anilsal
    01-20 08:56 PM
    A passport is provided to an individual as a sign of his citizenship.

    I wonder why they are doing 1 year passports.





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  • Christ Bearing the Cross



  • sbg
    07-16 08:11 PM
    Guys,Please create an account in numbersusa, the nuse their fax page where you have to put in your login information to convey our message. You can use the first, last name and address to put in what we want. Like you could say, "this is a bunch of lies" for the first name, "H1 pay all taxes" for last name etc. Use thier own mechanism to defeat their purpose. Guys please do it. We can no longer remain quiet. Even if we have a favorable decision for us today we are still in the woods, anything can change in a few years.


    thats crazy...on the other hand...I found this on their website:

    "You will now be redirected to the NumbersUSA Action Buffet.

    There, you will have greater faxing opportunities and the ability to customize your free faxes to Congress.
    In addition, the Action Buffet contains news articles tailored to your interests. "

    judging by their choice of words, it sounds like a group of fatties who just want to keep the competition (i.e us) out.



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  • Baptism of Jesus Christ



  • roseball
    04-02 12:53 PM
    Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.

    Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.

    Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
    ----

    What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.





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  • martinvisalaw
    03-18 03:30 PM
    Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.

    It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.



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  • eb3retro
    09-14 03:50 PM
    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.

    frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.





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  • poorslumdog
    08-25 03:18 PM
    Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.
    .

    Do you mean to say other people who spend time, energy and money do not have any other priority or work and sitting idle. Everyone has priority other than spending time in IV. By the way what happened to the Op's priority now. There is no priority now and wants to spend in IV. Do you think its fair...?



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  • skagitswimmer
    June 19th, 2005, 01:19 PM
    and here is a version with FM 3 and a touch of level and contrast adjustment.

    by the way - the avocet portrait is great.

    OT : Jet Airways Chennai to JFK via Brussels [Archive] - Immigration Voice

    View Full Version : OT : Jet Airways Chennai to JFK via Brussels






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  • Let us not lose sight of Jesus



  • yagw
    09-26 07:27 PM
    This is disheartening...

    Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).

    That said, don't wait for USCIS. Be proactive and do all you can. I would suggest

    1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
    2. Open an SR.
    3. Do the above for your dependents if any.
    4. Make infopass (you have already done this).
    5. Contact local congress man/woman.
    6. Send mail to CIS Ombudsman
    7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.

    (more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)

    Good luck.



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  • singhsa3
    11-15 10:01 AM
    We are in agony and pain. Let us scream so loud that even deafs may lend their ears.





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  • needhelp!
    05-15 06:22 PM
    co-sponsor = confirmed support, so thats what we want.



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  • krishmunn
    05-05 07:52 PM
    Soltan

    I am assuming you never filed your 485 with old company .

    In that case, you will now need to start your PERM agains with the new company. After PERM apply a new 140 and during this application you can request for the PD as per your old 140.

    But you cannot directly use the old 140 for filing a new 485





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  • ashwinicool67
    04-29 10:44 AM
    Thanks kaisersose.

    Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.

    Thanks.



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  • Jesus sep , in celebrating Was



  • apb
    07-27 01:04 PM
    If NSC had put all applications from July 2nd to July 17th on hold.
    Did they open and timestamp it ? for received date ??????

    If they did not , then I may be lucky.
    Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.

    Do you guys think ? they might see this and enter it as received date ?

    http://www.uscis.gov/files/pressrelease/FAQ2.pdf





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  • JunRN
    12-28 09:32 AM
    Delete your cookies. Hit the "back" button showed on the USCIS page (not the "back" button of your internet browser) and then, try it again.

    That should work.



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  • chantu
    07-16 03:12 PM
    Admin :
    This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?

    Unfortunately, this is the fact in our country. But the thing is he will get it by spending Rs.100 - Rs.200. Here, after spending $10,000 legally for GC..it is nowhere in sight.





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  • Clipart image of Christ



  • nozerd
    11-17 11:44 AM
    Do you agree with this statement

    If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. If there is no reform by January 2008 its not gonna happen.

    Thanks





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  • syedajmal
    11-03 11:17 AM
    If this is a possible solution, have your Mother-in-Law visit Canada temporarily for a few day and have her come back to US. I am just floating this idea for discussuion.

    Visiting Canada doesn't help to extend the visa stamp. My in-laws tried it in August.





    vpa_2009
    03-20 06:50 AM
    I sold the house on H1 and there was nothing addition for H1 holder. It is just that if you have that property for less than 2 years then you pay tax.

    Just thinking if the new law for GC approved like buy a house and get
    GC then what will happen for those like us who have house since 2004 and sold one and bought another in that time period.
    I am on EAD now. PD -Nov 2003





    Anders �stberg
    June 18th, 2005, 09:44 AM
    Very nice, great light! The first one is my favourite. I think I'd try sacrificing the top dark clouds for the composition, to me there is a bit too much space over the bird.



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