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  • mayurcreation
    01-13 01:37 PM
    Thanks Raj for your reply.

    - Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?

    - Can I file my 485 with pending answer on I-140 amendment?





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  • sripk
    05-17 02:24 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.





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  • ItIsNotFunny
    12-19 10:03 AM
    Hi All,

    Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).

    Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?

    THANKS IN ADVANCE!

    - Amit


    My visa:
    - I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.

    - With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?

    My Wife's visa:
    - she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
    Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?



    please visit: https://www.vfs-usa.co.in/

    its am official site for this and has complete list.

    More, if you have advance paroles, please keep them with you just in case of emergency.





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  • whitecollarslave
    03-18 04:56 PM
    If you really need help on this kind of case. Talk to Shah Peerally in Fremont, a good attorney.510-798-2742. He is accessible and good.

    Thx.

    Wasn't this the same "good attorney" who made some very immature, irresponsible and completely unsubstantiated remarks about immigrants or aspiring immigrants as quoted by a recent article on a local bay area newspaper?



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  • nixstor
    07-18 09:02 AM
    hi Guys,
    I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
    Lets discuss its relevance? What does the Core think about this.?

    Wow! out of 20k, 300 people have signed up for monthly contributions. Here we are thinking about hiring a couple of attorneys for the whole org. Sounds ideal, but there are many reasons why applicants will still have to go with the lawyer, their employer picks.





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  • serg
    07-16 05:33 PM
    Sent I-140 on October 2nd. Status showing as it's recd. Anybody's I-140 approved in that range?

    Thanks,
    GK

    Oct 16, 2006, still there, no updates



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  • rr_immaculate
    08-05 08:20 AM
    The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.

    http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf

    My attorney mentioned that "Automatic Revalidation" does not apply when you travel to canada for visa renewal stamping given that the original visa has expired.





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  • WaitingYaar
    01-18 08:54 PM
    which category?



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  • FrankZulu
    08-20 09:45 AM
    Status is still initial review on 485 and when checked with infopass I was told that my case in in extended review.

    And yes, my case is current from last 10 months.

    Are you working for the same company who filed your I-140?





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  • vxb2004
    04-27 09:20 PM
    Hello,

    I used AC21 and switched from company A to company B, 13 months back and started working with my EAD. In the mean time company A attorney sent H1B withdrawal notice to USCIS 11 months back as part of a normal procedure. Since then I have noticed 4 soft LUD's. I had one yesterday. Is this a common occurrence? Please advise.



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  • alterego
    03-02 11:15 AM
    The irony in the current schizophrenic EB immigration policy is that, it is ironically the more talented, qualified and marketable and entrepreneural talent that is more likely to look at US immigration policy and call it a day. It is conversely the mediocre talent that would be inclined to "stick it out" and deal with all the crap.
    Hmm, something surely to ponder for this country.





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  • logiclife
    09-25 12:07 PM
    Your rights as a participant of a bulletin board or online forum like Immigration Voice forums:



    The rights of bloggers (site admin, site owner or site moderators), their liability and section 230. Section 230 refers to Section 230 of Title 47 of the United States Code (47 USC � 230) (http://www4.law.cornell.edu/uscode/47/230.html). To learn the plain English language explanation of this section, go here: http://www.eff.org/bloggers/lg/faq-230.php (http://www.eff.org/bloggers/lg/faq-230.php)

    What this means is that whenever someone posts anything against anyone, Immigration Voice is immune from libel suits or defamation lawsuits, with couple of exceptions (discussed in item 2). Therefore, any anonymous poster saying bad things about their lawyers, employers, or anyone else DOES NOT HAVE TO BE DELETED. Other than couple of exceptional scenarios (see point # 2), we are not liable for content posted by users of message boards, forums, discussion boards etc. Section 230 protects Immigration Voice website administrator and moderator against libel suits or other lawsuits caused by participants who post messages against their lawyers, employers or anyone else. A recent example of such a case is illustrated in 22 page opinion of a federal judge in DiMeo V Max (http://www.law.com/jsp/article.jsp?id=1149152717145).

    Immigration Voice is not going to delete, edit or moderate the posts and threads posted by our members no matter how defamatory or criticizing they are. That�s because A) Immigration Voice is not liable for what our members do or not do per section 230 and B) Immigration Voice needs to give freedom to members to vent out against the incompetent immigration lawyers and/or dishonest employers because that is what makes us unique and different from censored forums and it is the ESSENCE of this bulletin board.


    The exceptions when Section 230 protections won�t work.Section 230 will not protect Immigration Voice if site moderators and administrators themselves post content that causes damages to others. We (site admin and moderators) will not edit or delete posts that say bad things about other orgs or persons - no matter how derogatory or defamatory they are against some lawyers, employers etc. We are not liable or responsible for them and legally it�s best and safest for moderators/site admins to leave those posts alone. Besides, that is one reason why people come to this site � freedom to vent out without any censorship, sometimes even against the Immigration Voice leadership and core group.

    The other scenario when the section 230 wont protects us is in case of intellectual property. So don�t post any patented information or technology details on this website. However the laws give us a lot of latitude when we post some news articles or other content created by other sources. More details of intellectual property are here on this link. http://www.eff.org/bloggers/lg/faq-ip.php (http://www.eff.org/bloggers/lg/faq-ip.php).



    Are we obligated to provide information to plaintiffs about our anonymous posters?First of all, most of the time, we ourselves don�t know the anonymous posters and who they are. The most we can do is provide IP address. Those IP addresses too are not easy to pin down in certain kinds of network environments. However, we will not give any information about our members to anyone unless and until we are subpoenaed for it. Subpoenas are either issued by law enforcement or by plaintiffs who file the lawsuit. Unless we are subpoenaed, we don�t have to give away any information like IP or email of any anonymous poster. Immigration Voice will never make the IP address or any information available to anyone unless it is ordered by court. Immigration Voice will use all possible legal avenues to protect the privacy and anonymity of its members and online discussion participants.


    What if someone with deep pockets sues Immigration Voice with the objective of shutting us down, even though they know they don�t have a case, but want to sue us just to drag us into expensive court battle and make us bankrupt?There is nothing that protects Immigration Voice (or any such website with discussion boards and forums) from frivolous lawsuits. Anyone can sue anyone else, whether he or she lose or win is a different matter. Section 230 protects immigration voice from libel lawsuits resulting from anonymous participants posting messages that cause damages to organizations or individuals. They are even more counterproductive for the plaintiff if that state has ANTI-SLAAP laws.

    SLAAP means �Strategic lawsuit against active participation�. If someone sues us just to make us bankrupt and shut us down without caring for outcome of the case, then it�s a SLAAP lawsuit. The objective is such lawsuit is not to win but to drag the other party into expensive court battle and make them bankrupt. Some states have laws against SLAAP lawsuits called ANTI-SLAAP laws. They are different in every state. What those laws do in general is make the plaintiff of SLAAP lawsuit pay the defendant for the cost of litigation and defense if they lose. So if someone from state that has ANTI-SLAAP laws sues us, then the money we spend on litigation would have to be paid by plaintiffs if they lose. Therefore there is good chance of finding a pro-bono lawyer because if they win, they get paid from the other party. What this means is that it�s difficult to drive someone to bankruptcy with frivolous lawsuits if the state has good ANTI-SLAAP laws. California is one example. Therefore the chances of us getting sued by someone in CA are lesser than other states.

    Should any party sue Immigration Voice for libel based on posted messages on online forums, Immigration Voice will fight back to the fullest extent and will not remove posts or threads against those organizations.


    What should one do if they have been badly hurt due to incompetence or malfeasance on the part of employer or lawyers?Immigration Voice will neither encourage nor discourage members to post messages against their employers or lawyers or any other party. Members and participants are free to post whatever they want to post. If you lawyer�s actions have hurt you and if you think it�s due to malpractice then you can file a complaint against that lawyer in a state bar. If your employer�s action has hurt you and if you think his actions are illegal, then you can file a complaint against your employer at the department of labor (for wages issues) or other departments for other issues.



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  • freedom2007
    10-22 04:26 PM
    Yup completely agree with Frostrated..
    Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's





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  • kk_123
    09-29 11:23 AM
    --------------------------------------------------------
    How to add spouse to my green card

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

    I believe, USCIS website was updated on Sep 21st 2009.

    My Priority date is Jun 2006 and applied in EB3 category.
    I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
    I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".

    I am in a situation to beleive it or not? to celebrate it or not.... :-( .....

    And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?

    If I get GC, how to add my wife to GC? is it possible? what is her status right now?

    Thanks in advance... ---------------------------------------------------------------------------------------


    Hi,


    my brother has also seeing the same status message for his case.
    IF you got your card, Pls update it.It will help others too..



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  • walking_dude
    01-18 03:25 PM
    Having 3 years EAD/AP and ability to refile AOS (in the worst case) is the best workable solution to an economic turndown and lay-off. Having a recapture done will also help many

    IV already has this as part of the letters campaign. Everyone worried about recession, lay-off etc. must support IV campaign with full vigor.





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  • ras
    02-08 08:18 PM
    "- $195 for a 30 minute phone consultation
    - $395 for a 60 minute phone or in-office consultation "

    looks to be a bit high for consultation

    Why dont you consult Prashanthi Reddy who is one of the Attorney's that answers IV Conference calls. Her consultation seems to be quite reasonable to my knowledge. ofcourse check with her anyway the consultation price. Also check with Shusterman, etc.


    "I found one group -
    EmployementLawGroup.net
    And they are asking me
    - $195 for a 30 minute phone consultation
    - $395 for a 60 minute phone or in-office consultation
    I don't know how much they are going ask to answer to my summons along with filing a new case .Tomorrow I'm going to send documents and then I'm going to have appointment with them.
    For the time being I'm going ahead with them - If you guys know please advise me.
    ( I'm really not earned/earning much ) "



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  • uimv
    03-13 02:25 AM
    Hello,

    For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):

    1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?

    2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?

    Than You.





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  • uimv
    03-14 12:18 PM
    So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
    Switch from H1 to EAD is done by filling out new I-9 form for EAD.





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  • sraghava
    10-08 02:29 PM
    I have the same case as user beautifulMind ..

    I applied for my I-485 AOS and EAD-OPT card for my wife at the same time (June last week) .My wife is on F-1.We decided to apply for the EAD-OPT since there were rumors of the July 2 retrogression.She received her EAD-OPT in Sep (EAD to start Oct 1 ) and received her I-485 EAD on Oct 5 (EAD to start Sep 27).

    Should she use her OPT-EAD or I-485 EAD ?





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    02-05 05:19 PM
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    ps57002
    10-05 05:09 PM
    Thanks tnite for reassurance/hope...really need it :)



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