Sunday, October 2, 2011

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  • Chiwere
    06-11 03:22 PM
    what about the people who are beyond their 6 year H1B term -extending it every year. The USCIS website does not provide any indication for those.

    Looks like it applies only to people with 6 year term expiring and labor applied/approved < 365 days. A very small subset of people perhaps but they needed immediate relief.

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  • smuggymba
    05-31 07:25 PM
    I am going to apply for a position in Oracle but do not know if it files green card or not. I am reluctant to ask this in the interview.(They may prefer somebody who does not need it) . Also I wonder if there is any wait time for them to file the green card after joining. I posted this because I think some of you might be working for Oracle and might be knowing. Anybody knows the answer , please reply here or send me a private message.

    Yes, they do. The timeline after which they file is 1 yr but clarify this after all ur 3 rounds are done with the HR. This is something u can discuss at the end after u have the offer letter in hand.

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  • eb3_nepa
    12-18 12:37 PM
    In the long run EB2 will be better than EB3

    Or WILL it? :rolleyes:

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  • iv4yarli
    12-18 12:31 PM
    Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.

    Thanks for your help...


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  • yingli
    08-27 01:42 PM
    Thank you, Googler for the very useful links on how to respond to the government's motion to dismiss. Thanks to brb2 for your posts!

    I am now researching all the links from the posts above. I may have further questions. Hope I can get your help again! Thanks to all of you who replied. It is great help and encouragement!


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  • gcpain
    05-20 03:59 PM
    1. If ur attorney is an AILA member, Check ur status through AILA
    - My attorney sumited request today. Same time will there be any reference number for this request to ask my attorney? Do you guys know how much long time it takes to get status?

    2. Call the USCIS customer service and submit an SR request
    - What is USCIS customer service number? what SR request I have to submit? Please elerobate little more.

    All you Immigration gurus, please advice. Thanks in advace fot you all.


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  • 510picker
    December 3rd, 2008, 06:06 AM
    I'll be anxious to hear your opinion once you've spent some time with your new equipment.

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  • sunny1000
    10-10 01:32 AM
    the reason is faulty data uscis and dos has been publishing.
    And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)

    rofl :):):)


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  • ttdam
    12-03 01:56 PM
    So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.

    Hi zoooom

    Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?

    Please advise, I m in similar situation

    Thanks in advance

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  • casinoroyale
    03-31 01:46 PM
    I am a July 2nd filer and I attended 485 interview in local field office in Dec 2008. A week back they sent me a denial notice cliaiming I filed the application when my priority date was not current which is an error on their part.

    So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).

    $585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.

    I am contemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?


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  • Kitiara
    04-28 02:40 PM
    I wasn't copying you, Soul. Honest. :)

    Sorry Sen, your robot wasn't up when I posted my vote. It's very good as well, though I agree it would be nice if it wasn't as dark. :)

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  • pappu
    01-28 05:46 AM
    Excellent proactive attitude......This is what we need....

    I would like to make the following pledge...

    For anyone who gets one friend to sign-up for a $20 monthly recurring contribution, I will make a one-time contribution of $50 per recurring contribution upto $1000.

    Anyone ready to take up my pledge?
    Thank you for your pledge.
    I am sure our members will take it up as a challenge and help you complete your pledge.


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  • sriniks
    12-07 06:09 PM
    On the infopass web site, there are four categories, and I can't relate to any of them. I don't have an SR because the rep refused to open one; I don't have a notice. Is it still possible to go for infopass?

    We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -
    Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.

    Case Processing Appointment - If you received a notice to go to your local office for further case processing.

    EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

    Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.

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  • fromnaija
    07-23 12:45 AM
    CSPA is the law that tries to protect dependant children from aging out. If you are over 21 at the time priority date becomes current, USCIS will deduct from your age the time I-140 was pending. Howver, if your age is more than 21 even after all the calculations, then your application will be converted to family-based. This will mean you will not be getting your green card very soon. I believe that in your case you should be eligible for an immigrant visa given the data you provided.

    yes we already have an attorney in US

    i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?

    what is the solution then?

    does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?

    does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?


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  • fromnaija
    11-17 03:07 PM
    Hey Guys

    I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

    Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.

    Looking at the above filling date, can some one brief me on my likely priority date?

    The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

    When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.

    Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
    So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

    To find if your PD is current check the Visa Bulletin at

    Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

    (I am not an attorney, please consult an immigration attorney or use advice at your own risk).

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  • reachinus
    07-14 12:33 PM
    Could be a DV case, could be family based, could be immediate family, could be anything. In fact EB cases are only about 200k out of 1,2 mil GCs issued last year (see for a recent statistic). Backlogged does not mean unavailable.
    I do agree.


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  • Sachin_Stock
    02-02 07:06 PM
    Content removed.

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  • plusme
    10-18 03:37 PM
    My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
    So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
    Thank you.

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  • nogc_noproblem
    04-09 04:34 PM
    If your I-140 is approved and if your I485 is pending for more than 180 days, you can move to a new employer. In such case you can use your valid EAD for the employment with the new employer OR you can transfer your valid H1B to the new employer. AC21 is about just informing USCIS about your job change, no matter whether you are using EAD and H1 transfer.

    - Informing USCIS is not mandatory, it is a gray area.
    - 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.

    Hope it is clear.

    If you are planning to work on EAD, then you are not using AC21.
    Is my understanding correct?

    February 16th, 2005, 04:58 AM
    It seems like the subject is solved sort of, but if your camera exports an EXIF (Extended Information or whatever it's called), it should give the focal length in the EXIF for the image. So you could take a few pictures at different lengths and view the image information in Photoshop (or whatever good picture editor you like to use).


    09-27 02:31 PM
    According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in

    1. Can you please explain if priority dates can be transferred?
    2. What If I-140 Is Denied?

    A29 1. Sure. Here is the law:
    If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
    2. That situation is legally the same as changing employers before I-140 employer.

    If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.

    If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.

    We recommend that an applicant keep at least a copy of the I-140 approval notice.

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