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Tuesday, June 14, 2011

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  • unseenguy
    05-16 03:49 PM
    How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.

    CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.

    There is nothing to be scared of in the interview. If you are skilled immigrant from any country and your case is genuine, what are you scared of in the consular interview? Attorneys here will always ask you for I485, sure it helps most people than those filing CP , but there is also economic advantage to attorneys suggesting this option.

    As I said, those from non retrogressed countries can file concurrently, also those countries such as India which are experiencing wide swings in visa bulletins are able to file concurrently. If I140 is NOT approved and date is current, it makes sense to file I485 as it gives you additional protections by law.





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  • talash
    12-13 09:19 AM
    I had posted my 485 approval news ealier and it took a whole different direction .Hope for you .My 140 was denied for same reason .It was A2P and company didnt have auditted financial statements and hadnt filed taxes and to make things worse i didnt get (neither atorney) the denail notice till 25th day of denail .We filed MTR and the documents we sent were my w2s.my pay stubs showing that company had been paying me whatwas stated in LS .
    I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
    I found IV very helpfull for finding out how to file n what to send with MTR .
    wish u luck





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  • voldemar
    02-27 05:38 PM
    Check this out. http://en.wikipedia.org/wiki/V_visa
    --------------
    The Act is to relieve those who applied for immigrant visas on or before December 21, 2000. Practically, the V visa is currently not available to most of spouses and minor children of LPRs.
    --------------





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  • lazycis
    12-19 04:01 PM
    Multiple I-485 Filings Not Advisable
    �MurthyDotCom

    While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.


    I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.



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  • need4gc
    08-15 12:11 PM
    Sent on 07/02, reached on 07/03. Notice date is 08/13. Checks were encashed on 08/14. :):)

    140 was approved from Nebraska.

    Good luck to all of you. You will get it soon.





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  • gc_on_demand
    09-06 12:04 PM
    Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)

    When will, we EB3s (India), see some light at the end of the tunnel.

    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

    If you can try for it that will make your GC faster.



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  • greencardfever5
    08-24 01:18 AM
    poorslumdog,

    I do appologize. I have made some donations today, will be making in the future.
    i will be more active in the posts and compaigns.

    will you please encourage others to respond to my questions?

    Thanks for giving me a wake -up call.





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  • Michigan123
    07-24 10:28 AM
    usabal has put LNU .
    Given Name in passport - ABC XYZ
    surname -

    All GC related document's name
    ABC XYZ ,LNU

    so bottom line is that Given name becomes first name and LNU relplaces surname (last name)

    I do not know if it is correct but this is the way they have filed for me.

    It is very interesting SSN has ABC XYZ
    485 has ABC XYZ,LNU (LNU,ABC XYZ)
    H1 has FNU ,ABC XYZ
    EAD has LNU,ABC XYZ

    -What a mess


    -Ali



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  • ita
    01-15 06:04 PM
    I called but I got the immigration subcommittee's VM. I left a message with my name and the reason I was calling.





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  • Chicago Desi
    03-31 11:14 AM
    ...Because as per law you cannot have different job duties until you get your gc and max one year beyond that...

    Your statement is true in the sense that H1B candidate must work on the same duties described in LC but you are wrong in saying that one has to wait one year after getting GC to have different job duties.



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  • BharatPremi
    10-13 02:45 AM
    Hi Guys,

    I Fedex my 485 package on July, 11th and it got reached to USCIS on July, 12 (I have the acknolegement) but still did not receive the receipt number. I am seeing who filed after me started getting receipt numbers.

    I am kind of concerned about it as I did not see any movement in my case.

    Any inputs Or wondering if anybody else facing similar situation??????

    Appreciate your inputs.

    Thanks,

    M

    1) Call USCIS
    2) INofrm that you filed 90 days before.





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  • mrdelhiite
    01-10 01:47 PM
    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

    Thanks

    Can you explain ur case in detail. the part "I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues." is interesting ... did u renew H1 by getting another stamp ... did u change companies on H1 after the AP travel ?
    -M



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  • ak27
    02-12 06:51 PM
    I asked this question to my attorney last week and she told me that there is no rule such as H4 premium processing. However, when both are filed together, it H1 and H4 get processed in premium processing





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  • howzatt
    08-21 12:05 PM
    bumping up??

    Sanojkumar,

    Please stop spamming all threads with this question. Please search at the very least wait for a reasonable amount of time to bump it.



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  • wantgc23
    08-15 02:30 PM
    First find the SOC code for the Labor based on which your 485 is pending, Then find the SOC code for new job. If they are same or similar you are fine.

    Job Title alone does Not decide the SOC code for your job, It is mostly a function of the Job duties.

    If your new employer would co-operate, Get a new Job offer letter that has atleast 50% same Job duties so that When USCIS adjudicates your 485, they arrive at same or similar SOC code as your original {in this case substituted labor}. SOC code.


    NOTE: I am not an attorney, use the info at your own risk.





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  • smccrea
    03-14 05:31 PM
    What if a person creates a company (a c-corp) say to run a restaurant and works in it. I know a foreign national can own a corporation in the U.S.; but are there any estrictions on working in your own business?



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  • arunmohan
    11-15 03:15 PM
    bump





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  • dealsnet
    03-19 11:49 AM
    I think he mentioned 2005 fee as the fee for I-485 in 2005 (old fee structure). Not the check date of 2005. Let him clarify.
    Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.





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  • msyedy
    02-08 01:10 PM
    I am new member to this forum. My friend referred me here.

    I have a very unique case scenario and need help if anyone is aware of this.

    Background :
    I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
    working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
    2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
    the option of concurrent filing but did not use which i regret till date). Since the X case was of
    no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
    I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

    Issue :
    Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
    The letter's main content says
    "THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
    FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
    PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
    It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
    to terminate the registration of any alien who fails to apply for an immigrant visa within one year
    following notification of the availability of a visa number".
    Letter is Dated Dec. 3 2006.

    Question :
    I want to know if this will in anyway prevent me from using my old case PD with my current case?
    My interpretation of this is that only the registration with NVC gets cancelled but the
    underlying LC and I-140 approved are not affected and I can still use the old PD on my
    current case. Pls. help.

    The letter talks about VISA application registration. To file for I-485 you need a visa number available for you. The letter states that you currently have one and you should apply...meaning file (1-485 form which is Application To Register Permanent Residence or Adjust Status) within one year from the date of the letter.

    Registration itself means a visa number will be unvailable and you cannot use your old PD. You have only one year from the date of letter to use the visa number with that PD.

    You should get your new labor approval within this one year limit and can file for I-485. I suggest that you should file perm because you never know when the BPC will approve that labor. Perm max will be approved in 6 months time(Most case)

    In the end you trust your attorney. Talk to a good lawyer...





    eagerr2i
    12-20 08:21 PM
    IRS does not withhold for salaried employees, the company deducts the Income Tax based on the number of declarations you have mentioned to Payroll department and sends it directly to IRS.

    For businesses, it is the businesses who pay advance tax every Q.

    I am not very clear about what you are talking about??





    lazycis
    08-15 10:15 AM
    Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

    Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!

    It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.



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