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  • sanju
    02-11 10:48 AM
    thank you for repply.i try to stay legal here much as everybody but sistem work slow and put me out only for 3 monts. since then i fight to get my statu back .and i will get it back soon or letter.
    thank you for tread me like humanbean.



    and for others people here..
    one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
    i hope you guys get you gc soon..
    no more post for me .goodby

    You jerk, disappear in vacuum. I can smell idiots like even on the world wide web. Get out of here you ba$tard.



    .





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  • anu_t
    06-17 12:20 PM
    I am in the same boat too. Only difference is that I have formally accepted the offer and it's in the same corporation (but different legal entity).

    My lawyer recommended that I have three options

    1) Start over and recapture your PD. She mentioned that this is the cleanest option.

    2) Apply for 485 from your old job and then move to the other job after six months

    3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.

    I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.

    Please note the above is my opinion and you will need to consult your own lawyers.


    How come option 1 will work if the law passes? First you have to apply for the labour and then only u can capture the old pd.
    But we even can't apply for the labour so there is no point in capturing the old pd. Am I making the valid point here? Correct me if I am wrong.





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  • abhishek101
    04-13 03:34 PM
    One of my friends neighbours Aunt who lives in Australia has a cousin in South Africa
    This cousin's sister's uncles' kids' friend got his GC last month, his PD was 2007. He was in EB3.

    I have heard quite a few cases like that,

    like other day I was at Safeway and the counter lady told me that her friend's cousin's son just got the whole process completed in 2 months and that too in EB3.

    I can only say it is just unbelivable that these things still happen in this world. USCIS is just full of bums, we should definitely do some campaign about it.

    But then ignorance is bliss :D





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  • GCWarrior
    04-16 02:25 PM
    Hi Gurus,

    I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
    No RFE/NOID received.

    Here is my case.

    PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.

    I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.

    After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.

    Please let me know what options I have.


    Thanks
    GCWarrior



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  • krishmunn
    03-07 03:49 PM
    Krish,

    I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.

    Read carefully before jumping into conclusions.

    OK your first line did say PD is saved. But what did you mean by "If your employer recalls the 140 it could casue potential disruptions." What disruptions you are talking about wrt current petition ? irrespective of it being recalled OP will need to start from PERM ; irrespective of 140 being recalled OP will be able to save PD.

    To summarize , recalling 140 has NO impact in OPs case.





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  • chanduv23
    09-14 04:55 PM
    Follow Your Heart



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  • vivache
    10-06 12:59 PM
    What if we take a more reasonable example that McD's.
    Assume a person is a pre-sales engineer and moves to customer support or development or even product management, he will have paystubs that have a reasonable amount on them. Does this solve the paystub problem or are there other issues?





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  • acecupid
    08-23 04:33 PM
    Receipts received on Aug 21, for I-485, I-131 and I-765 for application sent on July 16th :D



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  • Milind123
    07-27 04:20 PM
    Your lawyer is correct. Until you get a negative response for your MTR you can work.





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  • AB1275
    12-12 11:29 AM
    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.

    Thanks!



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  • jliechty
    May 18th, 2005, 03:58 PM
    It's very simple, if you think about it... The first photo (showing dust) was taken at f/32, and the second, lacking dust, at f/2.8. A smaller aperture will not only result in a great DOF in front of the lens, but also behind it; hence, the dust will be blurred and mostly invisible at large apertures because it is slightly in front of the sensor (on the AA / IR blocking filter thing), but will pop out with tremendous clarity at small ones.





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  • aadimanav
    10-26 09:42 AM
    On Home page it is still not fixed.



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  • saileshdude
    09-07 10:49 AM
    Yes� It�s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.

    -Sree

    Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.





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  • axp817
    04-09 02:54 PM
    Is this legal?

    Yes.

    Is it a common practice?

    Apparently.


    If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

    Yes, and you can also work on the EAD, unless the 485 denial notice specifically states that the EAD is also revoked/denied/rendered invalid, in which case, you can't use the EAD to work, but you are still okay to be in the country.

    Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

    Chances of a 485 application being denied multiple times due to the same reason are bleak, although if it does happen (wrongful denial of course), or if it is denied multiple times, but due to a different reason each time, my understanding is that you can keep challenging/appealing the decision.

    Good luck.



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  • anilsal
    09-15 10:03 PM
    the ones I meet in DC. The ones I currently have, who did not make it to DC in spite of being aware about it, will no longer have me as a friend.





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  • vinabath
    07-31 11:05 AM
    Damn.. with this fear of what might happen to our I485s, it becomes almost natural to everyone not to use their EAD and maintain their H1 status. It sucks not to be able to enjoy the benefits even when we have it!! or am I overreacting? :)

    You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.



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  • fide_champ
    11-08 12:26 PM
    hello,

    I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.

    Ony calcutta dates are available.

    Can I book an emergency appointment in this situation?

    I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.

    Extended h1b here in USA..Now going to India for the first time after visa expiry.

    Also, for the stamping, should i carry all old LCA's or just the latest one?

    Thanks,
    arthi

    Chennai consulate these days open dates for the next 2 weeks. There are not a lot of people applying these days, so keep checking the dates.





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  • punjabi
    10-23 03:50 PM
    If you get laid off, find a company at a rate that will meet your minimum LCA wages requirement for H1B (W2) or EAD (I will approximate the wages mentioned in labor document). I think you have 30 days of buffer, but I will find something right away.




    There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.


    really need to know this based on the market situation.





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  • ksvreg
    02-25 01:37 PM
    PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.

    Thanks a lot for your input. So I can join after the PWD is done.





    royus77
    06-25 10:12 AM
    My Company is asking me to sign a new 2 year contract with them to get employment verification letter required for I-485. Is this legal?

    if there is any breakage clause,Make sure that you understand the amount of damages. If the company is desi ,you can always negotiate at a later time





    saimrathi
    08-10 03:30 PM
    Source??

    And please post in the media thread...



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