Friday, June 10, 2011

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  • Raksha
    12-11 06:26 PM
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?

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  • gcformeornot
    12-31 01:23 PM

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  • lazycis
    12-22 08:48 AM
    Appreciate all of your valuable inputs.

    I am able to check my I-485 receipt date on How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?

    If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?

    Check "Date received" field on the I-485 receipt notice. Do you have it? That's the date you should be using to count 180 days. Notice date does not really matter.
    You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.

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  • nogc_noproblem
    12-21 01:01 AM
    I like this attitude.
    Rather than worrying about uncertain things, enjoy the reality.

    Why cant we just enjoy the job mobility of AC21 peacefully? [/B]


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  • p_kumar
    01-27 03:40 PM
    The last time i talked to iio, she said they are processing I485s received in Apr, 2007 and they will start mine in 2 or 3 months.(mine was received on july 24th and pd is eb3 oct 2003). she said, they will process the applications even if the pd is not current but only approve if the pd is current.

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  • eb3_nepa
    08-10 05:10 PM
    May be he or she has a spouse whose birth country is non retrogressed .. :)

    Even THEN it is not possible. Coz the June 2007 bulletin says that even ROW has to be atlest June 2005. His PD was Dec 2005 so there is NO way he could have applied.


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  • akhilmahajan
    05-01 11:56 AM
    All the best indian..........
    Hopefully it will happen that way for you.............

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  • satishku_2000
    11-21 05:56 PM
    Similar Question:
    I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.

    when you get an extension of stay you will have same number for all of them.


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  • knowDOL
    08-23 09:44 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
    The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)

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  • Macaca
    03-28 04:27 PM
    A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.

    You can do labor certification without H1 as long as employer is willing.


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  • Shawn
    August 9th, 2005, 11:09 AM
    Times Square, this process would allow you to clear out all the people and if needed one could bring back the original colors of neon lights in Photoshop, also remove trailing & headlights of cars.

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  • martinvisalaw
    06-04 10:09 AM
    You really need to ask that question of a tax or employment law expert. It's not an immigration issue so it's not my area of expertise.


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  • highertruth
    07-30 04:01 PM

    This is fun. Lets vote the best entry.

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  • sdrblr
    09-09 10:21 AM
    I had the similar mail "Welcome" and no CPO email or status. I got the "Official" welcome letter:D yesterday. The letter said welcome and card will be sent with in 3 weeks. I know couple of guys who go the card in a week. Waiting for the card today :)


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  • gc28262
    09-10 02:58 PM
    I had a similar issue when I applied for AP from TSC.
    Online status said approved, but never received it for a couple of months.

    You probably will have to wait for 30 days if you haven't received it. If the address is incorrect and AP returns undeliverable you can request them to resend it.

    Please follow the following threads:

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  • Phaedra
    05-30 11:54 AM
    I am on OPT till August 2009.
    However my F1 visa expires May 30 2009.
    Also I do not have a job at present.

    Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?



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  • jcrajput
    06-09 04:07 PM
    Does anyone knows how is the visa stamping procedure in CANADA? Is it risky?

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  • pkv
    02-08 08:17 PM
    Thanks all of you for your responses.

    But I'm still not clear about one thing... which center I should file EAD application with?

    I'm in California, My I-140 was approved by Texas service center.
    I-485 was filed with Nebraska but transfered to texas service center.
    Now my I-485 is pending with Texas service center.

    Thanks again...

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  • burgernfries
    August 22nd, 2005, 09:49 AM
    I read in interesting piece by Bjorn Rorslett on this very subject of stacked polarizers.

    Bjorn says it is possible to achieve a sort of false color IR by stacking a Circular and Linear polarizing filters.

    As an ND this is really not effective because it is anything but neutral IMO.

    08-12 10:56 AM
    I dont understand why your lawyer did not notice this and question you before sending everything out. However, there are thousands of applications that they are dealing with and hopefully yours will go through. By the way did you send in all the original documents or notarized photocopies? Those who send in affidavits+non-availability certificates, did you send in originals or notarized copies?

    02-11 09:16 PM
    I just signed the petition

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