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Sunday, June 26, 2011

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  • desi3933
    03-02 10:37 AM
    Thanks SL & Lost in GC process,

    Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

    One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

    Thanks
    Senthil

    If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.


    ____________________
    Not a legal advice
    US citizen of Indian origin





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  • bestin
    03-24 09:31 AM
    but does your I-140 need to be approved before you can use your EAD?

    NO.U can start using it.But if 140 is denied you cannot renew it.


    More importantly (as in my case), can I use my AP to travel if both my I-140 and I-485 are still pending?

    Thanks..

    Yes you can travel on AP.





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  • gc_on_demand
    03-18 01:09 PM
    Hi gc_on_demand:

    Great Analysis! What are your predictions for EB3 for this year?

    You mean to say that EB3 (40K) is already used up for this year :-(

    Thanks,
    Rayoflight

    All Eb3 will get close to 40k this year . There will not be any spill over from Eb1 or Eb2. Also Eb3 ROW is not current so chances are very minimal that Eb3 india and China will get any exxtra visa. Only CIR or Recapture is hope for Eb3. OR as I said in earliar post that if Labor dept makes too hard to file for Eb2 in coming years then after 2-3 years you may see spill over to Eb3. otherwise it will crawl. But chances are there that they will recapture or do CIR in between.





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  • Ramba
    03-22 04:25 PM
    In worst case, if 202-a5 was eliminated, do you thing EB visas will be diverted to FB? Will A3 give any protection to EB catagory? 202-a3 will give more protection for FB class due to 10 to 12 years of backlogs in 4th preference FB catagory? If so, it tottaly violates the quota in EB and FB class and there is no meaning of preference level.



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  • dreamgc_real
    06-18 09:52 AM
    how does the eb3 to eb2 interfiling work?





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  • EndlessWait
    02-25 04:14 PM
    has anyone heard about the following? don't quite know where it is originally coming from. it's from here (http://www.greencardapply.com/news/news09/news09_0210.htm)

    2/10/2009

    When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.

    Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.

    The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.

    u sound like a desperate desi BS.



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  • golgappa
    08-17 09:03 PM
    Thanks to all for there replies





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  • mariusp
    08-12 03:37 PM
    I submitted my 485 on July 12 and I got an 08/05 LUD on my pending I-140. Could be coincidence or they checked my 140 as part of the initial 485 processing...



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  • sweet_jungle
    10-13 01:47 AM
    Myself and my wife were discussing on this and there are also some contradicting results from the vaccine.So a vaccine no long enough in the market , whose resukts not yet agreed completely by all the doctors shud not be mandated for anyone ,not just immigrants.

    lets start a signature camapign to oppose this. even though it affects only some people (does not effect me, for example), we need to register protest to send an answer to uscis that they cannot do whatever they like.





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  • rajivkumarverma
    10-16 07:16 PM
    Whats the reason for the denial ?

    My Labour was For EB-3 and my I-140 was filled in EB2
    One of my Colleague also had same case but he got query on his
    I-140 and mine got denied

    I have a question
    Now I will have to file new labour and I-140 can
    Will I loose my old priority dates



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  • GCwaitforever
    03-07 06:55 PM
    Tagging members who paid so far and who has not is a start for the membership drive. Once we cover the registered members and encourage them to contribute, then we can move on to our friends and companies.





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  • GreenCard4US
    08-21 02:22 PM
    Thank you very much for your quick reponse. Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.



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  • dreamgc_real
    06-18 09:52 AM
    how does the eb3 to eb2 interfiling work?





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  • Steve Mitchell
    January 17th, 2005, 09:47 AM
    Nice job Anders. 2,3,4 and 5 are the best of these I believe. You're exactly right about practice. The more you shoot the better you will get, as you are demonstrating. Patience and alertness are the key as well. When you can't control what's happening, you have to anticipate, and be alert to catch in when it happens. Shooting from the penalty box allows from some great shots. Be alert in there though. The first time I did that a puck whistled by myhead. Thank goodness I ducked and moved my head. Water from the ice was literally on my ear and the puck hit behind me. I would have hit me square in the head.



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  • chehuan
    01-18 03:17 PM
    do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial

    I can surely find out and let you know
    Thanks to all for helping out
    I am just into the process and I am not so wise with the whole thing





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  • eb3_nepa
    03-18 04:31 PM
    Visit your local INS or USCIS office. They should guide you through the process.

    On a lighter note, you will also experience their "hospitality".



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  • nixstor
    08-04 01:45 PM
    Green..

    May be you are joking or you didnt get my point.. I was wondering if there are any people who support these DOL sw/hw Systems are struck in Labor as well.





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  • bikram_das_in
    09-03 06:21 PM
    My employer filed 7th year extension of my H1b and the receipt date is Aug 10. My current H1b expires on Oct 12th.

    Did anybody do 7th year extension recently? How much time it takes? Did anybody get 3 years extn with approved I-140?





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  • vallabhu
    12-20 11:13 AM
    Does she have valid visa stamped on passport for the day she is landing in US?





    manderson
    10-29 02:03 PM
    stylepoet, while I don't speak for the core-group, I think I represent the majority when I say this: Realistically speaking, if you plan to stay in the US for a very long term and want to do so without any visa hassles (or kids aging out issues that you mentioned), then getting a Green Card (GC) is the best way to go, instead of jumping around non-immigrant visas. And if u r financially capable of being an E2 why not just file for a EB5 GC (which is way faster than EB2 and EB3 these days -- please check out this site for more info)? Sure, there is a difference in the minimum investment reqs. E2 = 200K+ and EB5 = 500k. But if you have lived here for a couple of years (assuming this from the implication that your kids recently turned 21 or are going to turn 21) surely you can makeup the 300k difference. No?

    Please feel free to educate if I am out of line here.





    chehuan
    01-17 04:26 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



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