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Saturday, June 25, 2011

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  • dc2007
    07-24 10:59 PM
    I have seen in this form that lot of people have filed I-485 by themselves after having a hard-time with lawyers. I am also thinking to do the same. But I want to make sure if it is possible in my case.

    Assuming my I-140 get approved (its filed but not approved yet), what documents I need to file I-485 by myself as per following facts:

    1. I have just receipt no. of Labor and I-140.
    2. All the documents are with my attorney which is hired by my employer.

    Can I still file I-485 by myself ?

    Thanks





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  • realist
    01-27 09:33 AM
    Employment Second Preference - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Second_Preference) The Job also need to require an eb2 qualifications.
    It is best to be cautious when applying first, rather than take a chance with eb2 and worry later.





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  • Aah_GC
    02-28 07:05 AM
    I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).





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  • veni001
    01-17 05:14 PM
    hey

    i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
    for your information both are masters candidates and are eb2 filed
    but his was file months before mine and he got audited
    mine is in the process of being filed

    not sure of whether this even matters and cases are indepedent
    but just wanted to know ahead of time if it calls for a sure denial

    thanks
    chehuan

    Chances for an audit are 95%:(



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  • x1050us
    06-26 05:03 PM
    My attorney says the real problem is, chennai wants a copy of primary applicants valid visa stamp if applying separately. Which means I have to get out of the country to get a visa stamp for sake of my spouse. I am thinking of flying to India and get my visa stamped along with my wife (don't know if vfs will allow me to add an application now). Any other suggestions?





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  • prioritydate
    08-13 01:03 AM
    Well, are we all not trying to be Americans? So what�s wrong with cheering for the guy who makes this nation proud? If we were ALL trying to permanently migrate to India, in that case you will not see any opposition to Bhindra's achievement. I personally think that there is no need to make issue out of "this" or "that" on the forum for everything going on in the world. Both these gentleman and others who did well are remarkably disciplined human beings and we ought to celebrate their perfection, maybe by trying to be closer to perfection showing a little more appreciation for each other.

    Although I must quote a reporter on the news recently who said "When we wave Americans flags, we want to be called/seen as patriots and when others wave their flags, we call them nationalist". I found this comment very interesting.

    The point is, no matter what, we will find our differences superseding anything and everything in front of us under any given situation. That�s just Great�. maybe that�s part of being human �. do we expect ourselves to behave/react better than this�. Maybe we just want others to behave better than "this".

    There is nothing wrong, I was just showing the "fairness", Mr Would be "American".



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  • koti
    10-29 10:30 AM
    Few facts that you need to get clear.

    1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.

    2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.

    If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.



    **************

    Thanks for the info. Really helpful.

    Koti





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  • ImmiLosers
    03-11 08:26 PM
    I-94 is proof of your valid presence in US. You should not be having it if you are not in US. You will get one once you come back. Do not leave Airport without getting one;)



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  • trueguy
    10-20 01:37 PM
    They say 2months for I-129 (H1B) and mine is pending since May. These processing dates mean nothing





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  • GCwaitforever
    11-16 02:46 PM
    This is my personal opinion. F-1 is strictly non-immigrant VISA. Hence your wife will be out of status once I-485 is filed. So she must convert to dual intent VISA H4 till she gets EAD. Check with an attorney or USCIS if your wife's status is governed by the special protection accorded by US attorney general while she is waiting for EAD. Then it would not be an issue.



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  • lazycis
    06-06 01:22 PM
    Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.

    You need to be aware that there are state and federal laws. Usually complaints are filed with state DOL when employer did not pay salary or performed unlawful deduction. If employer violates H1B/GC laws, you can complain to federal DOL. The same story with filing complaint with the state court or federal court.





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  • rolrblade
    09-10 10:03 AM
    All: In my view what has happened here is usually referred to as "amnesty" In the plea deal, the USCIS and DOS will not be subject to investigation and the community receives its July Bulletin. Although not fair, it is exactly what it is..... a PLEA deal.



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  • mayitbesoon
    07-15 12:01 PM
    Thank you. We have just applied for 9th year H1 extension. so, requesting I-140 PP based on the current rules is not possible. I-140 is pending at TSC from Nov 2007.

    Can anyone tell me if it is helpful to take info pass appointment and enquire about I-485 if I-140 is still pending. priority date is EB2 Dec 2003.





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  • chanduv23
    11-26 02:00 PM
    Folks - due to an unforeseen emergency Attorney Prashanthi Reddy was not able to make it on November 20th to IV chat.

    The next IV Chat with Attorney Prashanthi Reddy will be on Thursday, December 4th at 9.30 PM EST.

    If there is any change that I know of, I will post it on this thread



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  • h1bmajdoor
    05-24 04:40 PM
    the underlying problem, is not that american kids are not smart or hard working.

    it is that science/math/engg does not pay. it does not pay because the wheelers/dealers/fixers/middlemen/bullshitters make the money.

    american kids work hard when at law school/med school/mba. because those jos pay. as an engineer you are screwed. as a phd likely unemployed.

    so, american kids are not dumb. they are far smarter than you think. they are taken the correct decision in the circumstances.





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  • dixie
    08-22 01:14 PM
    Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.
    You mean 3 year experience in US no matter from where you got your masters degree or
    Only US degree + 3 years experience will get exemption?



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  • reddog
    04-24 03:07 PM
    To avoid the RFE, will it be okay to get registered at the local county in US?

    I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL

    If you are not married, Yes, you can get married in the US, however, you will have to register the marriage in your home country if both of you are non-citizens.

    If you get married in accordance with the Hindu rituals, you will need a Memorandum of Marriage to get a certificate. the form might vary from state to state or even jurisdictions.
    OR
    you can set up a date with your marriage court and get married in court, that is called a legal marriage(registered marriage).





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  • satish_hello
    08-13 11:28 PM
    Hi all,

    My application Sent on 5th july to NSC, Received on 6th by NSC, any body got the receipt number filed after july 2nd.

    I am seeing people are getting filed on july2nd.

    I will update once my check cashed, pls. kep the updates.

    -satish
    -----------------------------------
    EB2
    PD - sept'2004
    I-140 -approved on Jan'2007.
    I-485 - sent July5th NSC.
    RD - ?
    ND- ?
    AD - ?





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  • vsrinir
    06-12 03:30 PM
    http://www.politico.com/blogs/bensmith/0609/White_House_postpones_immigration_meeting_again.ht ml


    June 12, 2009
    Categories: White House

    White House postpones immigration meeting, again

    The White House announced this spring it would be hosting a big meeting on immigration policy � a signal that Obama cares about the issue, and perhaps a chance to rub salt in open Republican wounds, if not a serious attempt to move immigration reform this year.

    But the meeting was postponed from its original date, June 8, to June 17 � and now it's being postponed again, White House officials have told advocates, with no set date but hopes to do it later in the month. Officials, I'm told, are blaming the supplemental for the delays.

    Ana Navarro, a Florida Republican activist who has been arguing that Republicans have a chance to seize the initiative from Obama on this issue and repair their image, e-mails, "Nobody knows when it is. Nobody knows who is going. Nobody knows what the agenda is."

    "They are stringing along the immig[ation] advocates and Latino groups to whom Obama owes so much," she writes. "Latinos need to stand their ground, hold his feet to the fire and demand that he deliver on repeated promises to get this done within first year or call him out on it. This is a litmus test for Hispanics, and one which so far Obama is failing."

    UPDATE: Frank Sharry of America's Voice, an administration ally, tells Gebe Martinez: "While we are disappointed that the meeting has been delayed, we are confident that immigration reform will move forward this fall. The President has promised to advance the issue many times, and we believe he is a man of his word."



    By Ben Smith 01:00 PM





    rockrocky
    04-20 10:06 AM
    I am contacting them and will march with them. If undocumented get a bill, our bill will come automatically. We should be supporting them. If we support them they will also support us. With their support we can get our bill. If we try to do a rally for ourselves the so called educated people on H1B and EAD will not come. They will rather spend time driving in their nice car to Disney or eat out in a fancy restaurant. So I believe we need to side with undocumented and help them to help ourselves.

    I like the way you put it. Help them to help ourselves.

    I will join them too.





    Ann Ruben
    01-08 11:26 PM
    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.



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