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  • GCWaiter03
    07-27 12:51 PM
    Friends,
    Finally my 485 is approved,
    " On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"

    Long wait is over....
    I thank IV core members and all others for their efforts and information.

    Case details
    EB3 - India
    PD - Nov2003
    RD - Aug 2004
    Approved - 7/26/2007
    RFE - Birth Certificate and 325, Yes replied last Sept.


    ajkastar, Where did you filed your i-485. Is it NSC?

    Mine is also in the same range of PD and RD, But I filed in NSC.

    Thanks,
    GCWaiter03




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  • talduk
    March 24th, 2005, 01:21 AM
    Hi all,
    Few days ago I purchased a new D-100 in Hong Kong. After taking the first few shots, I encountered a problem. When pressing the shutter it seems that the shutter is opening but stays open and woun't close. An "Error" notice appear and only after several times of pressing the shutter button it sounds like it is closing. After such few times, I pressed it again - trying to get a photo, the shutter opened up and didn't close. The "Error" notice is up again and now nothing seems to help, not even shutting the camera.

    Please please advice. :(




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  • rkm
    07-17 06:34 PM
    Thanks again for all the IV support....Great news...

    Thank you very much Pappu, Logic Life and IV core members..

    Your great effort brought us this great news and relief




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  • GCanyMinute
    09-10 08:42 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.



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  • andy garcia
    12-21 01:20 PM
    I want to be more specific. I have a full time job. I'd like to setup a business LLC to get some contract works. For tax benefit, I can deduct some business cost with it.

    To setup a business LLC you do not even need to be in the US




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  • panky72
    06-19 03:43 PM
    As far as I know, NO he cannot.

    That's correct. I clarified it with my attorney in past. Primary applicant has to maintain H-1 status to support H-4 for the spouse and he cannot use EAD to work.



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  • forgerator
    04-08 08:12 PM
    US govt. must get all their money from HBSC and then strip them of their US citizenship and deport them. You can do everything in America except cheat more than allowed on taxes. Everyone enjoys a little wriggle space with taxes...the IRS knows that about each filer. Certain things however cannot and should not be done. These evaders are nothing but THEIVES stealing from us ALL. :mad:

    I believe US citizenship cannot be revoked unless you're charged with treason or something.




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  • saxx
    01-19 10:52 PM
    Yeah man, trying to communicate with
    blog.organa.ca



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  • nandakumar
    04-26 12:15 PM
    Great job guys.




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  • amoschid
    07-18 04:47 PM
    Let me guess - your PD (that is somthing we call a Priority Date -- the date you applied for LC (Labor Certification)) was YESTERDAY?????

    heh..heh.. i guess you're wrong :cool:

    my LC haven't came out from BEC mess, PD Feb 2005 - Non RIR/TR (ROW)
    just wanna know about this whole green card cap thing

    so i can prepare myself mentally how long i have to wait for GC :o



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  • anilsal
    07-17 10:39 AM
    Here is my classic quote:
    Please accept my sincere "Shame on You" compliment, if you fit all of the following:
    a) Have a IV membership ID on the forums.
    b) Been visiting IV forums in the last 1-12 months.
    c) Have not contributed a single penny to the IV cause. [MOST IMPORTANT]
    d) Will be benefited from IV work.

    I wonder how you can live with yourself benefiting from the sweat of others.

    To rectify this, please contribute asap. :)




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  • thomachan72
    03-28 03:17 PM
    I completely understand that nothing is ever going to happen in favor of legal immigrants. However, when I saw what really the dream act meant to do, I just thought we should get some senators involved and aware of the plight about the kids of the legal community too. One of my friend has 2 kids and he has been waiting now for over 6 years every single day of that in perfect legal status. what wrong did the kids do? why dont they compare equal to the ilegal kids who are going to be blessed by this bill if it is passed. I am sure IV might not have enough will for this since many of the leaders might not have kids but atleast look at others who have kids and always face the dreaded scenario of having to uproot them from their schools/friendships in case of immigration-related issues.



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  • food2006
    08-16 08:00 PM
    I filed my appli 485, 131, and 765 (Both primary and spouse) by myself, and I received all my receipt copy by today, check cashed also. Filed 2nd July. all the best.




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  • a_yaja
    09-09 12:30 PM
    Hello All,

    I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.

    I would really appreciate your feedback / inputs on this regard.

    Thank you,

    As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
    Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.



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  • srikondoji
    04-26 07:16 PM
    http://o3.indiatimes.com/dindora/archive/2006/04/27/642160.aspx

    Many of my blogs were posted on the front page of timesOfIndia news paper.
    With the hope that they would also post my latest blog highlighting the ImmigrationVoice, i have written a blog.

    Please write comments on this blog and make additions to what i have posted.
    Thanks
    sri




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  • langagadu
    03-29 03:49 PM
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  • elusive
    07-10 01:13 AM
    Hi,

    I got the standard RFE
    1) End date in client letter
    2) EE relationship
    3) show project validity till h extension requested( 3 years)

    RFE response to be received on or before July 10 2010

    With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR

    My question is

    ) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
    2) Or will USCIS will accept the respnse since it was posted before on 7/9

    I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...

    any advice please




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  • billu
    08-24 07:27 AM
    it used to be that h4 visa period was counted as part of 6 years of h1b but not any more. But that is not a significant reason to stay on h4 visa.




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  • logiclife
    12-03 11:31 AM
    Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.

    Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.

    It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.

    Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.

    If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).

    But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.




    thomascannivady
    07-17 06:00 PM
    Please post their addresses on the Front page of IV so that all can send Thank you cards.

    I certainly would like to send both of them cards.




    StarSun
    02-10 09:41 AM
    The call is on Thursday (today). Please send in your questions as soon as possible to IVCoordinator@gmail.com



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