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  • skumar9
    09-30 10:27 AM
    Do they provide Visa to Mexico?...or do we need to do it ourself..how much these people charge( is this inc of Bank Draft+Hotel+Mexico Visa), Please advice..

    Thanks in Adv...





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  • SunnySurya
    08-15 12:59 PM
    I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
    ************************
    Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.

    If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.

    The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
    Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
    I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.

    Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
    ***********************************





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  • panky72
    06-18 04:42 PM
    No one ever has gone to court over a Noncompete agreement issue. No one will.


    I don't know about IT but in other professions people go to court all the time. I have seen several cases.





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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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  • sgorla
    01-29 06:37 PM
    You should not have any problem at the port of entry as long as you have a valid H1B visa stamp in your passport, and have a new H1B approval notice from the new employer.

    Hi
    I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..

    Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?

    please let me know what all document etc I should carry during re entry?
    appreicated your help.

    thanks





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  • H1B-GC
    11-14 02:00 PM
    Dear All ,
    I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
    1.Am I still on H1 status or the status now becomes EAD ?
    2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
    3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
    4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).

    Thank you very much in advance.

    Anci.


    Hope this wonderful Forum is helping to the best it can by ans. your questions. Please visit often and follow the Action Alerts on the Home page.Please spread the Word in your community and your Friends and do not shy away in contributing to keep to site up and running all the time.



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  • gcformeornot
    09-25 03:53 PM
    When 140 is revoked USCIS generally send NOID and ask from a offer letter from intended(new) employer. If you can not provide a letter from new employer... they will deny 485.... sorry.

    Your EAD is valid, but it is useful only if you have a new job.





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  • desi3933
    02-09 01:55 PM
    .....
    Both the company C and company A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Company A, my lawyer suggested my transfer my H1b from Company C to company A. Then i received my h1b approval for company A in Jan 2007 to October 2008.

    .........

    EB3 (ROW)..PD May 2006

    If Company A and C are related business entities, why H1-B transfer was needed from C to A.

    >> So even i was working with the company C, my payroll was under Company A.
    When you were getting paycheck from A, did you raise this issue?

    Did you put this information in Employment History for I-485? What was your last entry into USA?

    _______________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • gcseeker2002
    02-12 05:14 PM
    Is it possible to transfer H1 from company A to B after I-140 approval and H1- 3 year extension and continue the GC process (apply for I-485 when date becomes current) with company A provided company A has no objections?
    Continuiing GC process does not mean just filing I485 , you need to apply labor and when filing 140 apply to recapture old PD , and , then file 485 if dates are current.





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  • GCBy3000
    04-28 03:58 PM
    Where is the link to this article?



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  • ras
    08-02 08:57 AM
    I checked my online status online. It only shows the application is recieved but not the name. If I create my profile would I be able to see my name when I check status online. I haven't created my profile yet.





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  • kartikiran
    06-17 05:53 PM
    paulkurni,

    Subscribe to google group http://groups.google.com/group/iv-dc-chapter with a mention of your IV Handle(UserID). The state chapter leader will get in touch with you, if they need further information.

    For contributing please visit the link http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44 for details. On the right side of the screen, you also visa, mastercard icons and you can click them to donate.

    Please excuse my ignorance as I joined IV recently. Please tell me how do I join state chapter. I reside in DC metro suburbs.

    I am glad that we are at least thinking in this direction. Please let me know how can I contribute. Have we formed any regional leaders who can perhaps guide us. If so, I would like to get in touch with the ones in my area. Any other information I need to know.



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  • Macaca
    02-20 11:58 AM
    washingtonwatch has survey for CIR (S 9). I encourage every one to post comment and vote.
    http://www.washingtonwatch.com/bills/show/110_SN_9.html#usercomments

    I see the following kind of posts at the above kinds of sites.

    I am almost 7 year in this country
    this country gave me lots of opt. but i am stuck with EB3 i am unable to file I-485 lets hope +ve for this bill please push this bill
    lets pray to God together.

    I don't see the following kind of posts at the above kind of sites.

    I have been folllowing IV for some time now and i feel core are just bunch of useless and ineffective group of people, with zero track record....... they are going to achieve NOTHING!!!!!

    Such a post would replace the word IV with Senate/House and the word core with the names of four important persons involved with our issues:
    1. Nancy Pelosi (Madam speaker),
    2. Zoe Lofgren (Chair, House subcommittee on Immigration),
    3. Harry Reid (Senate Majority Leader),
    4. Ted Kennedy (Chair, Senate House subcommittee on Immigration).

    Come on TIGER these are the sites to vent your frustation. You will get your GC (overnight delivery or even personal delivery by Nancy Pelosi + Harry Reid) with the above kind of posts. It will also show the way to the dumb contributing IV members.

    Please lead the way at the above kind of sites.





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  • GCBy3000
    09-29 05:20 PM
    This is not at all a bad idea. Indeed very good one and also easy to send it through Amazon.

    Every member should send it to their state senator and congressmen.

    Its just a thought,, maybe every IV member should buy this book and send it to their senator as a holiday gift..I am sure that most of these guys will not read it..but even 50% read or their staff read it, it will make an impact..



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  • innervoice
    08-20 09:03 PM
    Include me
    EB2 - I
    I-140 Approved
    PD: Oct 2005
    RD: 2 JUL 2007
    ND: 8 Sep 2007





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  • pradeepd
    01-23 12:12 AM
    Hi,

    I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)

    I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns

    1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
    2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
    3) Or is it advisable to go to india and get it stamped

    My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.

    I need your urgent help and all of your comments and suggestions are greatly appreciated.

    Thanks,
    Sudha



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  • spicy_guy
    04-23 02:25 PM
    Good news finally?

    Obama presses for immigration reform - latimes.com (http://www.latimes.com/news/nationworld/nation/wire/sns-dc-obama-immigration,0,6471381.story)





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  • scorpioca
    05-17 04:38 PM
    Hi,

    I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.

    I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
    Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.

    Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?

    How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.





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  • YesWeWillGet
    09-13 06:45 AM
    I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.

    Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?

    Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.

    Thanks,





    Ramba
    07-29 12:55 PM
    He did ask me who filed for the GC so he knew mine was EB case.
    Elaine,
    Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
    thanks,

    If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).

    As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.

    http://www.uscis.gov/files/form/I-131instr.pdf





    WeShallOvercome
    10-26 03:42 PM
    My lawyer is saying you need a valid reason to apply. My wife wants to visit India when i asked he said you cannot apply AP for visiting purpose, you need a valid reason to apply and a letter or wedding invitation to apply.

    what shall I do?:confused:

    What is sh.... lawyer.. You only need a valid reason for expediting your AP application. For regular applications, they don't even have a column asking for any valid reason.

    Assuming you are applying based on your pending Employment based I-485.



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