Tuesday, June 28, 2011

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  • ImmigrationAnswerMan
    01-11 10:25 AM
    Vacation days can be counted in the 5 years. A leave of absence might not be able to be counted in the years of experience.

    *This information is of a general nature for education purposes only and should not be relied upon without first consulting with an immigration law attorney. This information is not intended to create an attorney-client relationship.




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  • kirupa
    05-09 08:15 PM
    Looks really nice sharif ;) Reminds me of your grunge days on the forums last year!




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  • ricky26
    03-22 10:59 PM
    as long as your gc is pending, you can get 1 year extension. After 140 approval and 485 still pending you can get 3 year extension. OR you can apply for EAD to continue in status.




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  • gc28262
    08-08 12:55 PM
    Though I am not an attorney, I would recommend removing the word "revoke" from the letter. Some less knowledgeable IO can read "revoke" along with "I-485" and do something disastrous.



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  • payal_nag
    02-26 12:44 PM
    Hello All,

    I have a few questions for the group. I have an approved labor and I-140 in EB3 category with a 2005 priority date. My 7th year H1 expires on May 11 2007 and my company has already filed for my 3 year H1 extension based on my approved I-140 which will be valid from May 2007 to May 2010. My questions are the following:
    1) Can I change my employer and keep my 2005 priority date if the new employer also agrees to file a fresh PERM app and I-140 for me?
    2) If I qualify for EB2 category, can my new employer file for I-140 in EB2 category and still maintain the old priority date?
    3) Since my current visa is valid till May 11 2007 and new visa will be valid from May 12 2007, can i start work for a new employer in April 2007 based on my new 3 year H1 or do I have to wait till May 2007 to start work on the new visa?


    Any help will be greatly appreciaited.

    Thanks




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  • GCwaitforever
    11-12 02:53 PM
    Send your petition to USCIS Ombudsman. This is a classic case of USCIS incompetence. They have all the documents and yet they pester you to provide the details.



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  • krishnam70
    05-01 05:15 PM
    1)My I 94 expires in 2 months.I don't want to extend H1 and I want to use EAD.So how can I extend my I94 if I start using EAD?

    2)I finished 4yrs of stay on H1B. If I don't extend H1B now and start using EAD, if by any reason my 485 denies in future, can I switch back to my H1B and work for the remaining 2yrs on H1B?

    Just start using your EAD and if you have an Advance Parole use that next time you enter the country from a trip abroad and you will get a new I-94.

    - cheers
    kris




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  • BKY
    09-27 08:46 AM
    thanks a lot for your reply. It gives me great comfort knowing that I am not risking it all for an EB2 on which the attorney is only 50% hopeful

    Why do you think that your EB2 I-140 will not be approved ?

    What is your qualifications and experience ?



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  • viksi82
    11-10 05:55 PM
    Thanks Guys. Finding a notary for the affidavit was bit tough..:)




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  • raj2007
    06-13 11:25 PM
    My husband is in the same position too.He is a fellow and got a job to start in 2008 july.lc dne.i 140 pending..
    Can he file for i 485....ead for a future job...this has been in our head since this evening....cant wait till tomorrow morning to ask the lawyer:rolleyes:
    can any1 explain this?
    thanks.
    CONGRATS to all to can file for i 485


    Yes he can do this..



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  • martinvisalaw
    06-01 06:06 PM
    This is a very common question, especially with the number of layoffs now. I wrote some blog posts that explain the options, so please see these (http://martinvisalaw.blogspot.com/search/label/layoff)for more details: http://martinvisalaw.blogspot.com/search/label/layoff.

    Elaine Martin
    www.martinvisalaw.com




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  • ark_ari
    10-18 12:30 PM
    yes u can do any place in us



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  • [Legoman]
    10-24 01:15 PM
    I think I know what you mean, however, I'm not sure how to do it in Swift alone.
    You could do the opposite of what you want (objects together at the beginning then splitting up) import the swf into flash, then select the 30 frames and choose the 'Reverse frames' option to get the desired effect.




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  • Meghna
    07-17 03:00 PM
    We will ask what iV can do...I guess everybody is frustrated enough.
    We will support 1V
    Does 1V has any plans...?



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  • up_guy
    03-07 12:34 PM
    A hypothetical, but important debate on worst case scenario in changing job using AC21
    ================================================== ======
    Assume changing jobs using AC21 has some risk, debate is what is that risk. I am not expecting response like pack up and leave back to home country as I already know that. I am interested serious debate from people who used AC21 and bought houses and simulated in American culture and have family reasons to stay in US.

    Lets assume USCIS send some RFE and rejected 485 that new job was not same or similar. Now -
    a) How many days I have to leave country ?
    b) After the rejection of adjustment of status how many days I have to wrap up my current job or I must leave it same day when rejection letter received from USCIS ?
    b) After those number of days can one acquire visitor's visa for up to six months to pack up stuff, house and family on the ground of rejection of adjustment of status?
    c) Can one change status to some non immigrant visa such as new H-1B or F-1 by traveling back and reentering to USA ?
    d) After the rejection of adjustment of status can one still port priority date in a new green card processing ?
    f) I am also interested to hear feedback on what one can do to mitigate the risk of Ac21(I already know that use attorney's advise when changing job or donot change the job)




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  • Meghna
    07-17 03:00 PM
    We will ask what iV can do...I guess everybody is frustrated enough.
    We will support 1V
    Does 1V has any plans...?



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  • beautifulMind
    10-25 01:38 PM
    Thanks this is very helpful...How do you find the neareset USCIS office..




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  • jaocanada
    05-18 09:53 AM
    The Priority Date box on I-140 shows the priority date alright. But the one on I-1485 is blank. Please can any one check their I-485s and let know if you are also in the same situation?
    Thanks!




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  • gc_chahiye
    12-09 07:30 PM
    All,

    I am in a bit of confusion and needed some info. I had applied for I-485 during July fiasco and my spouse applied as derivative. We had applied for her H1 extension/transfer through another employer after we filed for I-485 as we did not want her to use EAD. We recently received her H-1 approval without I-94.

    I am not sure at this point if she has to leave immediately to get the h1 stamp Or she can continue to stay here as her AOS is pending based on derivative status of my application.

    Also will her getting approved without I-94 impact her pending AOS in anyway

    what was her status when she applied the 485? I am assuming H1, but did she have an unexpired I-94 at that point? Was she getting a regular paycheck? Do you know why you did not get an I-94 with that H1 extension? Usually the only reason that happens is when you are out of status. Which could be a problem with your AOS... Did you talk to the attorney who filed the H1, what does he say?




    jsb
    09-07 03:29 PM
    If you have receipt # of your I-485, filing or refiling I-765 and I-131 is a simple task. You can do that after 30 days, as suggested by USCIS. It is not a big loss anyway. Main thing is I-485.




    vxg
    03-27 11:34 PM
    Murthy has published interesting details on this check this
    http://murthy.com/bulletin.html

    This is straight from Chief, U.S. Department of State (DOS).



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