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  • yyfGC98
    05-19 12:49 PM
    I need help on my I485 pending case:

    When I was a PHD student I filled NIW (national interest waiver) and got my I-140 approval (priority date is 6/22/2006). Now I am working for a Telecommunication company.

    My NIW I-140 form stated my job is:

    SOC Code: 17-2112
    Nontechnical description of job: Operations research and logistics with optimization and numerical analysis.

    In my NIW cover letter, I stated my contribution in airline industry with the operations research and optimization knowledge. My current work is still related to the operations research and logistics but my contribution is different now. Does that mean I am not in the same research/work field? Some attorney said my I-485 will most probably be denied because I am not benefit to airline industry now. Is this true?

    What is the definition of the same/similar field? I thought I should be safe as long as I continue to work on OR and logistics related work, even if my work on different project or for different companies.

    When USCIS process I-485, they will look at the job description on I-140 form or the contribution in cover letter?


    An attorney suggested me to apply a PERM as a backup to keep the existing priority date (6/22/06), in case my NIW-based 485 case has any issue.
    What's the percentage of chance that you think my 485 can be denied due to the working field issue? I originally thought it's very small (less than 5%), and I just need to wait for the Visa availability. Is it correct?

    My husband's H1 visa is about to reach the 6 year limit in March 2011, and he was thinking to use EAD from my 485 case until we get green card. Is this a good plan, or he need to apply a PERM as a backup too? Is it too late? What would be a good plan?




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  • idea_sena
    01-29 07:59 PM
    I have a green card and I'm thinking about living 50/50 in US and my home country Slovakia.

    I've had GC for about 6 years and been living quite a travelling life spending more time outside US then in. Its also about 50/50 with trips always around 10mo in or out.My continuous residency is broken.

    Do you think that if i live 50/50 in and out for five years they will give me citizenship with such history?

    Got GC after Mom.

    Thank you very much for effort. It will help a lot in deciding where my life will go from here.




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  • indyanguy
    11-16 10:20 AM
    Mine was sent out on July 2nd. Received AP and EAD. The LUD on 140 and 485 is 9/21/07.

    Filed in NSC. No FP yet.

    Why do you think that only LC Sub cases are not getting updated? I don't think anyone who filed for I140 in July have received any update




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  • xela
    04-06 05:34 PM
    I have 2 questions:

    While i did apply for my green card i never applied for the EAD since i thought my job was realtively safe. Now if i do get laid off since i am still on H1B what consequences does this have and can i switch to EAD without being illegal?

    secondly i was raped a while back while on a trip for work in the us. I still suffer from PTST and other things because of this, is there any help withregard to my legal status?
    I know there is some humanitarian things at uscis would those apply to me and can i make use of those?

    Thanks!



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  • rajmehrotra
    07-10 01:23 PM
    Hi,

    Can I work for a couple of days using tax form 1099 while on H1B? The amount for the number of hours while working will be less than $600. Please help.

    No 1099 needs to be filed by the entity writing the check, if the amount is less than $600. Declare it as "Other Income" (probably with a Schedule "C", please check) on your tax return. Check IRS.GOV and www.investsafe.com/language.html




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  • guyfromsg
    08-14 09:03 PM
    I live in NJ and my application was recieved on July 2nd. would that be Nebraska or Texas SC?

    NJ comes under TSC but direct filing took effect only from July 30th. Till then the 485 was supposed to be sent to the center where 140 is filed or to NSC ( if no 140 filed). Even if it was sent to the wrong center USCIS will not reject the application in this timeframe. It will be internally transferred to the the correct service center.



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  • cooolvick
    08-14 01:42 AM
    Hi all,

    I think my scenario is little complicated.I have my I140 (EB3) cleared with previous employer and my current company has filed new labor and I140 (EB2). They are trying to capture the priority date of my old I140 approval (August 2006).

    While my current I140 is still going on, can I apply for I1-485 due to sudden improvement shown for EB2 category in September Visa bulletin.

    Please advice.

    Thanks,
    Vikram




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  • mordaut
    04-27 08:47 PM
    Ummm... Bump?



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  • onsitus
    04-10 05:41 PM
    I redone it following Kirupa advice (still kept the name though :)) and done the writing part pixel by pixel.




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  • Antonio Trivelin
    December 29th, 2006, 09:57 AM
    Hi my friends,

    First of all, have a Nice New Year !!!!

    I have a Nikon D70, a 18-70mm and 180mm 2.8 Ai MF.

    I�m thinking to buy this old len Nikkor AF 70-210mm, but i would like some tips and help about it.

    I heard that the version D of it, 4-5.6D, is fastter than no-D version. Is it really true ?

    And what about the version f/4. Is it better than 4-5.6 and D ? But i heard about it is less fast in focus than 4-5.6D too.

    Who has this lens to tell me something ?

    Which one is the best ?

    There is a lot 4-5.6 non-D to sell here in Brasil, but D its a little more dificult and expensive.

    This D, worth the extra money or the velocity of the focus from non-D its not so extraordinary.

    Tks a lot.


    Antonio



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  • vix95
    01-16 01:26 PM
    Hi ,Could someone please tell me FOR SURE that

    1. A transit visa is required at paris when travelling from London to Zurich via train and changing the train at Paris.
    2. Does my family need any additonal visa (other than transit visa if required), as I am on UK work permit.


    thanks




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  • mbawa2574
    12-19 09:01 PM
    After getting his *ss kicked in all 50 states hate monger Tommy "Doggie" Tancredo is quitting the Presidential race.

    http://youdecide08.foxnews.com/2007/12/19/tom-tancredo-to-drop-out-of-presidential-race/



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  • saikatmandal
    02-11 02:53 PM
    I didnt mean to burst your bubble...but may be its just that you are getting another finger printing notice. Its expires in 15 months. If you read the other forums July 07 filers have started getting their next set of FP notices. I wouldnt get too carried away.

    That definitely sounds like a reasonable explaination .... !!!




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  • azambhatti
    01-27 09:26 PM
    Hello all,
    I am a student on an I20/M1 vis
    I have just recieved a new I20, and sent a form I 539 for extension of my I20.
    I have my old I94, I20 etc.
    It is currently under processing.
    First, is there any way they can move it to another processing center? Its in the vermont center right now, and they are still processing documents from May 2008 according to CIS website.
    Second, my original I94 is valid till 14 April 2009 but my original I20 is expired.
    My visa is 5 years(M1 valid to 2013)
    Can I go and visit my home country with the old I94(since its valid long enough) and new I20(which just got issued)??
    or do I need to wait until the processing comes through?
    thanks in advance.



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  • SlowRoasted
    05-22 10:10 PM
    yeah the duck hunt rocks




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  • optimystic
    10-12 07:15 PM
    ^^^^^bump^^^^^^^^^



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  • dealsnet
    07-30 11:57 AM
    You want him to work with GC or just want to keep him working. ?
    Eventhough the GC application is denied for EB1, you can process EB2 or keep him O-1 or H1B. For EB1, there will be strict rules by USCIS. If your company didn't meet the criteria for it, forget about it. Do it in EB2.


    We hired a scientist with O-1 visa two year ago (company provided all the documents). This scientist applied green card (EB-1) last year. This week he recived a letter rejecting his application. The reason is not about his personal qualification but is about the company. Letter says company had no publications although we provided the copies of US patent applications.

    We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?

    This scientist is very important to our company. What shoul we do to let INS reconsider this decision?

    Thanks for your help.




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  • gevgelija50
    11-28 07:59 PM
    As I understand the process, if your date is current, the USCIS will accept your application - meaning they ARE processing applications with a priority date matching or exceeding yours.

    During the July 2007 fiasco, the cut-off dates were current, allowing everyone to apply. If we submitted our application and the date is current at the time, why do we have to wait until our date becomes current again? Shouldn't they process the application within 6 months or less?




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  • justwaiting
    11-05 07:19 AM
    This is a much talked about subject around these days. I am sure many of us who renewed EAD but had a gap in the expiration and renewal date and were on a leave of absence. Would this be a problem when it comes to the GC processing?




    indyanguy
    03-12 05:34 PM
    I think that thread was closed by Admins for some reason




    martinvisalaw
    06-29 10:38 AM
    There are really 2 sub-categories of EB-3. One requires a minimum of a bachelor's degree, or equivalent in education/experience. The other requires just 2 years skilled worker experience.

    The question is what your position really is, and what the employer requires. If the position really requires you to speak Korean, it can get approved. However, adding a foreign language requirement definitely invites intense scrutiny, and it can really only work if you can show that you spend a lot of your time using Korean and the company could not manage without it. You also need to show that you use Korean with people who cannot speak English, not just that they don't want to speak English. You need extensive back-up documents to prove the foreign language requirement.



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  • samrat_bhargava_vihari
    01-22 04:12 PM
    I don't think there is any grace period. One of my friend did the same way and he went to delhi for stamping every thing was fine for him. Check with your lawer and make sure you have all the documents for stamping.




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  • waiting2007
    07-16 05:14 PM
    Hi IV,

    I think you guys are aware of unfair treatment of the Labor filer at the Atlanta Center. It is taking more than 100 days to approve labor while Chicago normal approval rate is less than 15 days. Core group..Do you have any feedback on this? Any plan to address this issue?




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  • arnet
    11-21 03:09 PM
    thanks




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  • desih1b
    09-20 10:55 AM
    No problem, because of the work NSC are transferring some cases to Texas. In fact, Texas center is issuing EAD and AP so fast. so your wife will get her EAD very soon.

    thanks



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  • glosrfc
    11-09 08:44 PM
    Should I? I do kinda like the this._x button....haha
    http://www.pi.pwp.blueyonder.co.uk/test/buttons/geek-this.jpg

    Great competition though...I had a lot of fun with this one!




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  • IneedAllGreen
    09-27 03:56 PM
    USCIS website does not shows that my I-485 has been denied but instead it says that it has been sent to AAO office(appeal processing office).

    No I have not yet called attorney on extending EAD based on I-140 denial.


    ------------------------------

    Is your 485 also denied? Most of the times when ever 140 is denied then the underlying 485 also gets denied and if that is the case then you cannot apply or extend for EAD or AP until your appeal is pending with AAO. I may be wrong so consult an attorney.

    BTW....did you consult the attorney? If yes, what did they tell you?



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  • kewlchap
    08-13 05:25 PM
    Hi,

    Can you tell me how you took an Infopass appointment since your PD is not current right now (will be current in Sept)? I was told that I can take infopass appointment only after my PD is current.




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  • same_old_guy
    07-20 07:34 PM
    This is for June filers and NOT for July filers.

    When this was releases July was not current, ie, released after July 2 and before July 17.



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  • Blog Feeds
    12-24 09:20 AM
    The President has started revealing his plans on immigration for the next year. It sounds like he's planning on trying a do-over with Congress and attempting again to get a comprehensive immigration bill passed. He'll make the case for this in his State of the Union Address. I'm happy the President is still interested in working for change, I sincerely hope he is not making passing a reform bill his SOLE strategy. I'm reminded of Presidents in the past who regularly spoke in favor of something, but you just knew they didn't really care and were just trying to appease...

    More... (http://blogs.ilw.com/gregsiskind/2010/12/obama-to-address-immigration-plans-in-state-of-the-union-address.html)




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  • piyu7444
    04-05 02:03 PM
    Thanks for reply. So at what stage candidate become part of communication in GC process. Or can start keep tracking the case.
    Thanks.

    It all boils down to the relationship you have with the employer and how flexible they are w.r.t immigration policies etc.

    I know of people who were involved from day 1 till they filed 485 and I know of people who were not involved untill filing of 485 had to be done.

    Your case it looks like that employer wont tell you if he has an approved 140. If that is true then you will only get involved when your PD is current- to file AOS.



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  • martinvisalaw
    08-05 12:28 PM
    I went to US on B1 and came back to india last week, I would like to apply H1 in the current year. Is there any cooling period to apply H1B once come back from US on B1 or Can I start the H1B process immediately.

    Your employer can start the H-1B process immediately, there is no need to wait.




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  • REEF�
    05-30 03:58 PM
    Because the number 28 is f***ing useless.

    :love:



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  • arkrish68
    02-19 06:06 PM
    Dear All,

    It seems my company had audit and my employer was asked to submit client letters for all employees.

    Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?

    Please let me know.

    Is it possible for you to share your companies name which is being audited.




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  • Blog Feeds
    01-20 07:00 AM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


    In a letter to Senator Grassley, the CIS defended their H-1B adjudication practices and their everything under the kitchen sink Request for Evidences.

    The CIS is looking into revising the form I-129 to have Petitioner and beneficiary both attest that:

    The beneficiary has been advised of the offsite placement and accepts the terms of the H-IB employment, including the job location and possible relocation;

    Really? Does anyone working for the software industry not know that they have to work off site. These people are always traveling, the beneficiary KNOWS they have to work off site. Same with Oil Company Engineers. Its the nature of their work. Does CIS seriously think the beneficiary does not know?

    2. Placement of the beneficiary offsite during the period of employment will be in compliance with the statutory and regulatory requirements of the H-IB nonimmigrant classification;
    3. The beneficiary will be paid the prevailing rate of pay at any offsite
    location; and,

    This is in line with the question on the I-94 application on the plane, "Are you a terrorist." Has anyone ever answered yes to that question? Similarly, will anyone filing an H-1B petition ever say they will not comply with the law?

    4. The work itinerary is attached.

    The H-1B is given for 3 years. It is difficult to predict the itinerary for all those 3 years. If the work itinerary is for less than 3 years, then the employer has to file the whole H-1B again, with the high fees. And even if they have the work itinerary, the job may be canceled, etc. So what is the point of private employers filing job itineraries with the Government?

    All of this simply penalizes the small employers who form the backbone of the American economy.

    Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-2731884981154177550?l=usimmigrationmatters.blogspo t.com


    More... (http://usimmigrationmatters.blogspot.com/2009/12/h-1b-and-cis.html)



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  • pappu
    12-07 08:46 PM
    We would like people to register in order to send the webfax. registration is very easy and will not take more than 2 minutes.




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  • fromnaija
    09-30 10:25 AM
    --------------------------------------------------------------------------------

    I Have Some Problems In I-140. Mine Is 3yrs Bach+1yr Diploma Degree, Professional Job As Analyst, Eb3 Category. I Am From From Maryland So Vsc Is Center. My Lawyer Called Me That File Is Ready To Go But Vsc, Tsc And Csc Are Not Excepting Any I-140 Now, They Has To Be File At Nsc. But Nsc Is Very Strict And They Are Denying For 3yrsbach Degree In Professional Job. So I Don't Know What To Do? Any Ideas? Any One Like Mine Case? Please Let Me Know.

    Why are you multi-posting the same question. Some people have attempted to answer your question:

    http://immigrationvoice.org/forum/showthread.php?t=1857



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  • reddy77
    10-24 03:13 PM
    Thanks chantu, does that mean we need to keep renewing her EAD every year. Also, can we renew her h4 when I renew my h1. Thanks ....




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  • vedicman
    12-24 10:22 AM
    Wishing all the IV members a very Happy New Year and hoping the new year will bring us positive news and green cards :)

    Happy Holidays!




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  • 5fingers2infinity
    03-12 07:12 AM
    You are so fortunate. My priority date is May 2006, but my I-140 was only approved & received by NVC last January. We have similar question. I hope the statement from the FAQ of NVC (check http://travel.state.gov/visa/immigrants/types/types_1309.html) will help us.

    ---------------------------
    Why don't you have my case at NVC yet?

    When you complete a petition (I-130, I-140, etc.) for an immigrant visa you send it to Citizenship and Immigration Services in the Department of Homeland Security for approval. If the [B]CIS approves the petition they will send you a Notice of Approval (I-797) and then they will send the petition to NVC. There is a delay between when you get the Notice of Receipt and the Notice of Approval from CIS and also between when you get the Notice of Approval and when NVC receives the petition. After NVC receives the petition, we will create a case record and assign a case number. We recommend that you wait at least three weeks after you get your Notice of Approval before calling NVC if you have not heard from the Center by that time.
    ----------------------------

    Am I then safe to assume that the first approved petition to reach the NVC will be processed first? So between us, you go first!




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    black_logs
    01-22 08:26 AM
    We had a 8 hr long meeting with a lobbying firm right on the Capitol hill. The meeting progressed very well. We came out with a wealth of information. This firm seems to have the right contacts and connections. I am creating a pointwise document the people in this firm promised and were confident to achieve. Just to let you know we have Labor Backlog centers and Retrogression on our agenda.
    We have appointment with another firm today will update everyone on monday.

    Thanks



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  • coollife
    03-04 12:21 PM
    I have my H1 filed in 2008. Due to the market situation, I didn't go for H1 stamping and was never active on H1 so far. I entered US in March 2009 on H4. Now I got a project and want to go for the H4->H1 COS.

    I would like to know the steps/process for H4 -> H1 COS.

    I know my employer is the best person to answer this. But, the problem is whenever I ask any details, he always tries to abstract the info.

    If there are sequence of steps, after which step one is authorized to work? I tried getting the info online, but couldn't . If any of you can give me a pointer or explain the process in detail, it would be very great and helpful.

    My employer has applied for LCA. He says that he would initiate the COS process as soon as he gets the LCA. And my employer says that I can start working as soon as he files for COS and no need to wait for the approval. I want to make sure that I don't run into any legal issues. Once the employer has initiated the COS process, is there a way one can track the status and also to verify the status after the completion of the process.

    Also, please let me know how much it would cost for normal and premium processing and also the time lines for the normal and premium processing.

    Sorry for too many questions. But, please please do help!!!

    Thanks a ton in advance!!




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  • dallasdude
    03-26 01:53 PM
    Correct. They are being heavily scrutinized now.




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    12-10 07:17 PM
    can we call to customer care and change the name on tht.




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  • mmk123
    10-17 01:10 AM
    If I take a training course from Sun microsystems by paying them when I am on H4, is it illegal?

    Technically, before October 1st - there is no employee-employer relation. It can be a trainer-trainee relation like Sun example above.

    Also, please don't forget to consult a good lawyer when you have any questions about whether anything is legal or illegal.

    Are you sure, you are not asking this questions as a mischief?



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  • txh1b
    08-18 09:21 AM
    As both the I-94 that you got with the I797 and the white I-94 that you surrendered are with the same number, it does not really matter as the arrival record associated with the I-94# would have been closed with the departure record submitted by the white I-94 card when you left the country.

    You can send the I-94 card tothe London, KY address to be sure. AFAIK, if the I-94 with the same number was turned in, you are fine.




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  • raysaikat
    02-03 10:04 PM
    Hi,

    I just became unemployed (today) but I obtained my GC through employment about 2 years ago. I have some questions:

    I am planning to spend about a week or 2 in Canada, will that cause me any problems when I come back to the US? I will keep job hunting in Canada but for a job in the US as I intend to stay in the US.

    No. If you however plan to be outside US for more than 6 months, then you might need to take some precautions so that your green card is not invalidated.

    Am I entitled to unemployment benefits since I have a GC?

    Yes.

    Will my layoff create any problems for me when I want to become a citizen of the US in about 3 years?

    Thank you so much.

    It will not.

    In general, as a green card holder, you have all rights and all responsibilities (including going to war for US in case the congress institutes draft) of a U.S. citizen, except voting rights. See the welcome letter you received with your green card.



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  • keiryu
    10-08 01:57 PM
    have your friend look or ask for where the nearest USCIS office is with a deferred inspection office. they can fix it there.




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  • JunRN
    09-18 12:33 AM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC



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  • sunnysharma
    06-28 01:50 PM
    1st time prevailing wage was OK (lower than the salary). This time during extension, prevailing wage is more that the salary, though salary increases over the time. So employer is telling they r not able to renew H1B, because it is hard to increase the salary due to the inequity among employers. What is the solution? Thanks


    Are u working direct or thro' bodyshop?




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  • Saralayar
    03-14 07:47 PM
    My 140 (filed concurrently with 485) was approved on Aug 17th. Ever since 08/17 I have been seeing LUD's on it everyday. In fact there was a LUP on 08/19 Sunday! Any ideas what's happening? I think something is going in CIS.

    I got a LUD on my November 2005 approved I 140 on 03/13/08. My I 485 reciept date is August 7th, 2007. I got all reciepts, EAD and FP notices. I am in EB3 category. Need to know why LUD on I 140. :confused:



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  • chrisclick
    04-11 01:23 PM
    i just realised something, does barry do this every april 1st?




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  • neeidd
    06-30 09:23 PM
    Looking at your profile, your date is current now - hope you don't need to apply for anything and get the GC itself...
    I hope so :)



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  • illusions
    04-07 11:19 AM
    485 is your application, your emp does not have to pay; although if they do it would be nice :)




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  • Aah_GC
    06-14 09:48 PM
    Mine got approved in about 2 months time. My labor certificate reached the lawyer who passed it on to my employer.

    I did a big mistake of not asking for a copy and again when I received it while filing I140 - did not make a copy again.

    Please save a copy for yourself - it helps a lot while switching jobs during AC21.

    Hope this helps.



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  • jcrajput
    05-11 01:49 PM
    Thank you all for your replies.




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  • waitin_toolong
    09-14 12:01 PM
    the only difeerence is in the ease with which you shift employers.

    when it was not called transfer you had to wait for approval of new H1 but now you can start working for new employer upon getting the receipt.



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  • jcrajput
    05-11 12:52 PM
    Can anyone please help?

    Thx




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  • BharatPremi
    09-29 09:17 PM
    somewhere in the forum someone was mentioning that PD are no more considered after 485 is filed since u file 485 based on PDs...

    It is a part truthful. For easy explanation, I would say PD does not matter
    for EAD/AP/FP /Namecheck all processes but it matters at teh final stage of 485 and that is approval. So say you pass through all processes and that time USCIS will see whether your PD is current or not. If it is current than you will get your approval soon and if not than your file will be out on a rack to wait for your PD becoming current.




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  • carlosCA
    02-05 06:20 PM
    Hi all,

    I am currently working on an L1 visa. Have been in the US for 1.5 years.

    A few weeks ago I wanted to change my job. Now I have an offer and the new employer is trying to sort out the visa.

    Unfortunately, the H1B visas are gone for this year, and the employer can't wait until October to get me working in their team, so waiting for the new H1 visas is not an option.

    After checking with their immigration attorneys, they now say the only option I have is to request an 'O' visa (they will support me).

    'O' visas are available for top sportsmen, actors or scientists. The attorneys say I have a good-enough resume to apply for one (masters degree, published some articles and experience in top companies) but I still think the opportunities are not many, since I think my resume is really good but not outstanding enough for this type of visa.

    My question is, how careful do I have to be when letting the company attorney to apply for a 'O' on my behalf? And specially, if the visa is denied is that going to impact my current L1 visa? I don't wanna end up with no visa at all! And also, is that going to be a 'bad record' next time I apply for a visa (probably H1)?

    What about the positive case? Can I have the 'O' visa during the 2 weeks I will still work in my current company under an L1 (I have to give my company 2 weeks notice before leaving) before moving jobs?

    I can't stop thinking the attorneys want the best for the company, that doesn't mean they want the best for me, so I am worried about the possibility they are applying for the visa on my behalf but not minding possible bad consequences for me if the visa is refused.

    Thanks so much for your help.
    Carlos




    CRAZYMONK
    08-03 08:18 AM
    You can have multiple H1's at any point of time.




    mirage
    01-03 03:32 PM
    Thankyou guys. My sincere thanks to IV. They have made the immigrants world so small, you raise a hand and you get answer. Thanks again.