Monday, June 13, 2011

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  • jonty_11
    02-05 02:43 PM
    this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
    OK thx for the info.




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  • anjalihi
    04-12 07:57 AM
    I had started my GC process just a couple months before my 6th yr began. But I was able to complete the requirements for PERM and apply for my Labor Cert only after my 6th yr started. I was 45 days short of 365 days requirement. But I was able to recapture all my time that I had spent outside of US on vacations in last 5 yrs and make up for the 45 days shortage.

    Do keep in mind that completing the requirements for PERM itself easily takes up 2 months + time for all the initial paper work.

    For your situation, you are already 4-5 months into your 6th yr.... thats going to be very tough.




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  • nozerd
    01-15 01:34 PM
    Actually being a Defence employee is a positive. You can show proof of stronger connection to home country because of following.

    1) Pension that is available every month for life.

    2) Free treatment at Army Hospitals.

    3) Subsidised cost at Military Canteen facilities for provisions etc.




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  • yestogc
    05-31 05:06 PM
    sorry.............

    Will Obama Follow his footsteps ?



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  • qplearn
    09-10 10:31 AM
    Bravo!

    That is exactly what we want the house members to know. Our lives are on hold; my wife cannot work, and I cannot move!

    Also, a BIG THANK YOU for distancing ourselves from the H1B quota issue that the industry is after. That will get us nowhere in the house that struck it down last time from their bill.

    Keep up the good work!

    qplearn




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  • abhijitp
    07-25 01:54 PM
    My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

    Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

    Do I need physical copy of my approved LC to file 140?

    Replies will be greatly appreciated
    I would file a separate I-485 and I-140 for this other LC. Experts, what say?



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  • glub
    01-02 05:12 PM
    See my answers. WE just came back on AP, no issues.

    Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?




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  • go_guy123
    10-21 04:32 PM
    Reviewed by the judiciary commitee... they are reviewing it...

    On asking about the timeline the lady at that no. said she
    didnt know by what time will they be done ...

    You profile has no information...



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  • zoozee
    08-15 01:57 AM
    Greencard fever -why take so much pain with your gc when you plan to rellocate to india/currently its even hard to predict when can one receive the gc. One can always visit US on tourist visa which is the most easy part. My opinion is only if one does not want to settle in US -




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  • madhusrini
    05-31 04:58 PM
    Hi,

    My LABOR APPLICATION DATE : OCT 2001
    I-140 Approved : OCT 2004
    I140/I485 concurrently filled : APR 2004

    Currently have EAD and AP

    Status : Married : Adjustment of Status Pending for Both

    Did any body get their green cards because of the recent movement of eb3 dates.

    Srini



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  • .soulty
    01-20 03:52 AM
    I really like this, nice work man.




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  • vinabath
    07-02 03:48 PM
    You decided to marry a girl because your PD was current, married her and promised her you would get her an EAD in 3 months...and you did all this in 2 weeks ???

    Man! You are fast!

    Actually I was slow. The God(USCIS) made me fast.



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  • martinvisalaw
    01-11 02:31 PM
    The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.

    The company could file for your husband's PR while he is outside the US, and this is worth discussing.




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  • desi3933
    03-24 08:50 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing something here.

    If one has I-797 notice without new I-94, he/she should get new H1 visa stamp.


    ___________________
    Not a legal advice.



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  • itsmesabby
    06-27 08:47 PM
    Using AP does not necessarily mean that one is using the EAD. It is just a document that allows you to travel when needed.

    Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..




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  • meridiani.planum
    06-04 12:44 PM
    Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.

    You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.

    Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.

    though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
    Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).



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  • mjdup
    12-14 11:35 PM
    OK, I will just call them first thing tomorrow morning to see if I can get admission. May be after that I will get in touch with you and we can approach him as team, will that work?




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  • jcrajput
    12-31 08:44 AM
    I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

    1. Should I apply for AP for both of us?
    2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
    3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?

    Your help is greatly appericated.

    Thank you.




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  • willwin
    08-11 10:55 AM
    What is the purpose of this poll? Why start from 2005 (and not from 2001) ?

    trueguy has a poll started for period from 2001 to 2004 and I have started this for 2005-2008.

    The limitation is that we can have maximum of 10 entries in a polling!!!

    Not sure if the core have more options.




    adiboss007
    04-16 01:29 PM
    Dear Friends:
    I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
    As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:

    (a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?

    Please advise, and that would be so appreciated. Regards.

    read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :

    http://murthy.com/mb_pdf/032108_P.html

    -a




    techskill
    01-10 05:29 PM
    does anyone have an answer

    I read somewhere that you should have $5000 minimum in the your account.



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