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  • sheelalann
    05-21 12:44 PM
    this is the toughest issue ever discussed on this forum :)




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  • bslraju
    05-26 04:16 PM
    Dear Members:

    My Lawyer was suggested that we request porting PD after the second I 140 gets approved instead of doing it at the time of applying for second I 140.

    They have mentioned that, If we request porting of 140 , Then in case if it is denied then 485 also gets denied(because this is linked to the new 140). This is according to Nebraska service center press release in Nov 2010.

    They suggested that I am on EAD and no longer maintaining H1 since 2008, its better apply interfiling/porting after second 140 is approved.

    Guys, had any one come across this situation ? can you please advise?

    Thank you in advance

    ---------------------------------------------------
    2001 entered but still fighting for GC batch.:)




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  • anjalihi
    04-12 07:57 AM
    I had started my GC process just a couple months before my 6th yr began. But I was able to complete the requirements for PERM and apply for my Labor Cert only after my 6th yr started. I was 45 days short of 365 days requirement. But I was able to recapture all my time that I had spent outside of US on vacations in last 5 yrs and make up for the 45 days shortage.

    Do keep in mind that completing the requirements for PERM itself easily takes up 2 months + time for all the initial paper work.

    For your situation, you are already 4-5 months into your 6th yr.... thats going to be very tough.




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  • Dhundhun
    06-14 03:07 PM
    Hi Guys,

    For those who applied for EAD using eFile, please post information on supporting documents you sent.

    Any other info on post-eFile of EAD is welcome.

    Thanks.

    This thread may help you. http://immigrationvoice.org/forum/showthread.php?t=18737



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  • rockstart
    08-11 09:25 AM
    EB2 I PD 02/27/2006
    I 140 Approved Nov 2006
    RD for I 485: 08/10/2007




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  • raminmd
    08-14 06:04 PM
    Hi guys, thanks for the replies...that is a touch reassuring

    I spoke to my lawyer. She said she was re-sending the app in today with a cover letter explaining the wrongful rejections. She said that if they still reject it, she will go through the liaison and try to get them to accept it. Is this standard procedure?

    Secondly, on a different note, I am not sure who did it or why, someone gave me a red dot.



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  • kawosa
    08-07 09:27 AM
    Its been out for month.. I am not sure what your point is!




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  • wandmaker
    11-07 03:41 PM
    Address Change Online: 24x7 & Calling USCIS : Mon - Fri

    Can I do it over the weekend?

    Thank you.



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  • wandmaker
    12-02 11:30 PM
    Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?

    I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?

    Thanks!

    As long as your (immigration) records are clean, I do not see any issues in COSing to B2 from H1B. You do not have to go into greater detail about your future employment. You just need to mention that you have some personal closing tasks and site seeing to do before leaving the US for good, it should fetch you 6 months.




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  • shaq
    08-11 09:34 AM
    Pd - 01/30/06
    Rd - 09/10/07



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  • ras
    04-10 03:31 AM
    How many days did the response delayed?

    Is the decision by USCIS being taken before the response was reached?

    Or even after recieving the response USCIS has not considered the response. Did they specifically mention in the denial notice that the reason as delayed response?

    I guess, this would help analyse the situation




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  • copsmart
    08-15 08:30 AM
    Because 2006 is CURRENT.

    You probably have to wait for your YEAR to become CURRENT.


    I see...

    That sounds like a valid point. :)



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  • beautifulMind
    06-29 11:24 AM
    Thanks




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  • rajeev_74
    12-02 12:52 AM
    Are you EB3?



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  • waitin_toolong
    10-29 02:13 PM
    H4 people used to use TaxID instead of SSN in their tax returns (joint filing for ex.). What do they use when they get SSN after EAD ? Do they use SSN or just the Tax ID. Is there any requirement that they inform IRS that they got SSN and start using it instead ?

    If you read the letter that came with ITIn it says that when you obtain SSN then send a copy of SSN and ITIn to IRS informing them of the change.

    Till last year changing to SSN required paper filing of taxes, but now has made a provision in e-filing to accomodate the change, but I would personally give plenty of room (time wise) to avoid any bugs that might be there in the system.




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  • gc_chahiye
    08-29 05:10 AM
    Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.

    thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.

    The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!



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  • gcseeker2002
    08-27 04:56 PM
    I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I'm the primary applicant and in EB3 category. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

    this is very important.
    Sad to see this friend. I dont think it affects principal candidate's processing but dependant's processing may be in trouble.




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  • eb3retro
    05-10 08:00 PM
    most likely, they are talking abt EAD.
    BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)

    yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.




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  • amitga
    06-22 07:06 PM
    Google is your best friend:

    http://chennai.usconsulate.gov/b-1-lh.html




    BMWX5
    02-22 10:35 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.

    Well said. However what is the necessity for you to say
    who might have faked their resume, like some IT pros do
    Take it easy...




    wandmaker
    10-23 08:50 AM
    If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?


    Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.

    I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?


    COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.


    If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?


    Make sure COS application reaches them before Jan 15th.


    If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?


    Dont work beyond the date requested in your H1B extension.


    what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

    Minimum of 1K attorney fees....



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