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akhilmahajan

02-10 04:45 PM

First of all Congrats!!!!!!!1

I am just curious, if you were on H-1B or have used EAD. If you had used EAD, did you work during these 3 months.

Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

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sriramkalyan

06-23 02:56 PM

May be it is positive for skilled legal immigration. Since CIR is not coming anytime soon, congress can look at improving exiting legal immigration and Administrative changes can happen!!

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GCNaseeb

08-08 04:47 PM

Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.


It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.

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gcseeker28

07-27 09:19 PM

hibnogc
This is also one of the questions I have. So, did you contest the denial request and are you currently working?

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nk2

06-17 12:15 PM

There are a lot of IV members whose labor is not approved yet (like me) or did not have their 140 filed as of May 15.

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bondgoli007

07-14 04:39 PM

I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?

I will send out a response when I hear from him.

Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

Thanks.

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ganguteli

03-06 02:53 PM

I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...

So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.

I think this is wrong.

Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.

What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.

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JSimmivoice

01-24 05:51 PM

Ann & Others, thanks for your valuable inputs, My visa stamp on my passport expired last week but I do have a valid extended I-94 from my extended H1 petition. So I'm getting the option from Company A to go US Consulate in Abroad, get restamped based on my current valid H1 Petition from Company A and enter US using it and join Company A directly which will clear all problems including the unauthorized employment.

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schandra

12-01 05:44 PM

Thanks Better_Days for the reply.
It is response like these that give us some hope to this never ending quest.

It is good to know that you can file a New PERM and a second I-140.
But do you know whether we can file a New I-140 on the basis of the original labor instead of filing a New Perm? I ask this bcoz in cases like mine where i have already exhausted 6yrs, would be difficult to file a PERM now.
I see in some other thread, they did file a new I-140 and they were requested to first withdraw the Appeal, but in that case, do we know whether the new I-140 was approved first before we withdraw?

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shreekhand

07-29 10:33 AM

As soon as you adjust your status to F1 your I-485 becomes void. Further having and EAD has nothing to do being on F1.

In short it is not easy to go back full time studying while your I-485 is pending.


This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.

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gemini23

07-27 10:23 AM

thanks for answering. I guess this is a stupid question, but i have one.

would the applicant need to have a job while applying for EAD renewal?

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navyug

10-13 10:22 PM

Hi,

My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.

While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.

So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?

Thanks.

Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.

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madhu345

03-14 07:09 AM

From my experince you can earn referral fees but you have to file your taxes for that amount, send me PM if you need any further details.

-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.

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TO BE OR NO TO BE

05-17 03:49 PM

nshah:

Can you give me information of your lawyer please?

Thanks,

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glus

07-10 07:54 PM

I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.

This is not your business. We are here to help. If a person asks for advise, please provide it if you can. You comments may seem to be valid, but this is not what the user is asking for....

regards,

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dpp

10-27 12:16 PM

See you Saturday, please see the previous reply to USIRIT as I suggest we meet outside.

I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.

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walking_dude

03-20 10:11 AM

There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.


http://www.electoral-vote.com/evp2008/Senate/senate_races.html

And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.

I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.

Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..

So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)

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nrakkati

01-29 02:09 AM

My AP is approved on 27th, but I did not receive it so far. I already booked my tickets and have only one day left for my travel.

Would it be safe to travel now? Are there any risks involved in doing so?

Please advice.

Thank you

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stemcell

03-07 11:53 PM

Londontown

sorry to hear about your denial.

Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.

I am not sure if this process is followed for everyone as each case has its variables.....
hope this helps...

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Munna Bhai

01-09 12:54 PM

which service center? You can ask your employer to ask USCIS as 140 is employer's application.


Can anyone tell me, is this common wait time and what more i can do.

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redgreen

06-21 07:28 PM

So much of misinformation by many 'legal advisors'!

Please note that:

1. Unemployment benefits is not a public charge.

2. For getting unemployment benefits one need not be a citizen/permanent resident.

3. You don't acquire illegal stay if you have a valid I-485 pending.

Please read relevant FAQs at the USCIS webpage.
Don't rely on advices from ignorants who try to scare people!

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