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  • looivy
    08-11 08:41 PM
    Hi Attorney,

    Can you please let me know the answers to the following general questions.

    For an individual, let’s say an I-485 was pending since July 2007 (I-140 approved) with current employer A and she moves to an employer B on a similar job on a H1-B transfer invoking the AC21 portability.

    1) After the move, if the I-485 gets denied, can the person still retain the priority date of the underlying approved I-140 in any new application if she files with the same or a new employer.

    2) After the move, if the I-485 gets denied and the person loses her job with the employer B, can she take a job with employer C by transferring the remaining time on her H1-B visa.

    Thanks in advance.




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  • abhisam
    07-25 08:43 PM
    edave..you have answered yes to the second question..can you please give us details...when did u file and when did u get the receipt?




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  • annasttasiaaa
    08-26 09:38 AM
    My H1B expires in September and was filed under a different company name, but they are a successor in interest. so we were planning on amending the H1B when we file to extend. The problem now is - the beneficiary is in a new position AND as of September 1, 2009 the company has changed addresses.

    A) In filling out the I-129 in Part 2, questions 2 and 5, what are the appropriate boxes to check?

    I am afraid if we amend the current application, it won't also be extended and he will fall out of status.
    part 2 Q 2asks " basic for classification" such as
    1- new employment
    2-continuance of previous approved employment
    3-change in previously approved employment
    4-new concurrent employment
    5-change of employer
    6- amended petition

    B) Also, what documents, other than what we have, should be included in the filing?

    We will file a new LCA with all updated information once we receive a certification of the current LCA and then withdraw it.




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  • SGP
    03-29 05:04 AM
    $$$$$$$$$$$$$$$GOOD MORNING GC$$$$$$$$$$$$$$$$

    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")


    This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.

    As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.

    Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
    Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative

    As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.

    The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
    -------------------------------------------------------------------------------------------------
    What can you do to participate?
    1) Vote on the poll/survey created by Pappu.

    http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html

    Then please send an email to ivcoordinator@gmail.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated

    2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.

    I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)

    3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.

    Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.

    Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)

    (Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)

    Immigration Wiki -
    I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)

    ------------------------------------------------------------------------------------------------
    PM these members for additional info:
    nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
    Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
    ------------------------------------------------------------------------------------------------



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  • dohko
    03-06 02:21 PM
    Can I count part time experience obtained before my Bachelors degree for an EB2 petition?

    I have 2.5 years of part time experience, can we use this and apply with MBA+1 requirements?

    Thanks




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  • Blog Feeds
    06-05 01:10 PM
    On the heels of my May 8 post (Do Immigration Fee Revenues Drive Justice at the USCIS?), the Office of the Ombudsman to U.S. Citizenship and Immigration Services (USCIS) issued a May 15 report criticizing the unfairness and inconsistency across USCIS offices nationwide of the agency's procedures for getting a seasoned officer to take a second look at an adjudicator's erroneous decision or action. The report, entitled "Motions Matter: Improving the Filing and Review Process for Motions To Reopen or Reconsider," affirms the point that "clear Service errors" are widespread yet unresolved problems: Rectifying clear Service error is a recurring...

    More... (http://blogs.ilw.com/angelopaparelli/2009/05/all-along-the-immigration-watchtower-.html)



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  • IQAndreas
    03-09 07:00 AM
    Inspired by those classic "My parents went to Las Vegas, and all I got was this lousy t-shirt" style shirts
    http://en.wikipedia.org/wiki/T-shirt#Expressive_messages




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  • kaisersose
    10-24 01:32 PM
    Hi,
    My wife is working for US firm on L2 VISA (EAD).
    The employer is ready to sponsor her GC. We wanted to know what is the process for L2 candidate , will it be same starting from Labor .... or we can skip labor and make use of current L2 EAD to file I-485 directly ?

    Nope...she has to start with Labor and apply for a 140 in either EB3 or EB2 categories. Only L-1A visa holders are eligible to skip labor and apply in the EB1 category.



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  • howiez
    07-30 04:49 PM
    My wife and my documents were delivered on June 6th and receipt date June 14th. My AP was approved on July 20th. However, my wife's is still pending though there are two date update since mine is approved - July 22nd and 27th. Anyone has the same situation?

    Thanks!

    Howie




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  • rangaswamy
    06-06 08:10 PM
    Where can i get photos for the Canadian visa. they have different specs. from the US pp photograph. I have already checked- Costco, USPS and the other stores.
    I plan to call Sears tomorrow.

    any helps is appreciated.
    Thanks



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  • file485
    01-09 09:39 AM
    Hello..

    please add in a feature where a member from here can invite their friends thru their email addresses....

    this is an easy way to have a larger no.of members which is crucial at this point of time...




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  • madhurib
    01-26 10:54 PM
    please reply!!!!



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  • amsgc
    09-22 12:28 AM
    That's EB3

    How do we identify EB3 or EB2 category in approved I-140 ?

    In Section , it was written as "Sec. 203 (b) (3) (A) (i) or (ii) ".

    Not able to figure it out.

    Thanks




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  • bodhi_tree
    02-28 04:17 PM
    Can anyone who's filed for H1 recently tell me how long does it typically take to receive the receipt notice after the petition reaches the vermont center ?

    Thankyou



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  • deecha
    11-25 04:07 PM
    It all depends if your I-140 has been filed and approved and the I-485 has been pending for 6 months+.

    If your I-140 has been approved and six months have passed since the filing of the I-485 then you should have no problem working in the same/similar job capacity under AC21 provisions.

    Having said that, I don't know what the USCIS would do nowadays given the really bad economy.

    This is not a professional advice and you should consult a lawyer on your specific case.




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  • Blog Feeds
    12-10 05:20 PM
    The San Jose Mercury News this week profiled Sheba George, Ph. D., an Indian-born sociologist who is the daughter of an Indian nurse, who is focusing her research on Indian nurses in the United States and how they can better integrate in to the American health care system. Professor George discusses in the interview the special challenges Indian nurses face and how these nurses can better adapt to their new environment.

    More... (http://blogs.ilw.com/gregsiskind/2009/12/immigrant-of-the-day-sheba-george-sociologist.html)



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  • wildcherry47
    07-04 05:50 PM
    Deleted, inappropriately placed




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  • insbaby
    12-30 01:13 PM
    5. I will pay IV at least $5.00 a month




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  • coolfun
    01-28 12:49 AM
    Hi,

    Gurus - I have few questions and I need your help:

    1. My EAD/AP expires in June/July '08. Can I apply for their renewal now?

    2. Will there be a finger-printing requirement for the renewal? We had finger print in June 2007 when we applied 485/765/131 together?

    3. Is it better to efile or paper file?

    4. I will be in India from April to June this year. I have an AP valid till end June. Can I file for EAD/AP renewal and leave for India in April. Is there any risk? I can still use my current AP to enter when I come in early June, right?

    Thanks so much.




    Blog Feeds
    06-12 07:00 AM
    USCIS used to have a lot of difficulty raising fees and would only get increases approved every few years. They now raise their fees frequently and have just announced their intentions to do so again. In the past, they blamed poor service on the lack of resources and promised - many times - that more money would translate in to better results. I once supported this view. But no longer. USCIS has received massive resource increases over the last several years and expanded the number of examiners greatly. Yet if you talk to seasoned immigration lawyers, there is more of...

    More... (http://blogs.ilw.com/gregsiskind/2010/06/uscis-proposing-10-fee-increase.html)




    hiralal
    05-08 05:28 PM
    I agree but wake up and do what ? let us wake up and come up with a campaign ......... before people go off to sleep



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