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  • neeidd
    07-14 06:28 PM
    bumping again :(





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  • snathan
    10-14 12:38 AM
    My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?

    No...need to start the GC from scratch. You can not use your I140 as you no longer employed by the GC sponsor and can not use AC21 as I-485 was not filed.





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  • sgsvg
    12-18 05:09 PM
    You can't.. It's very risky and not worth the trouble.. I tried and got denied.

    Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.





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  • sertasheep
    09-03 10:27 AM
    IV Members can access the recordings of the previous conference calls at the following URL : http://immigrationvoice.blogspot.com/

    To date, recordings from the following conference calls are available:
    09/01/2006
    08/11/2006
    07/28/2006

    You are encouraged to send in your questions, per the procedure outlined in the thread Free Legal Advice/Opinion from Immigration Lawyers (With Transcripts)
    (http://immigrationvoice.org/forum/showthread.php?t=1267/)


    IMPORTANT DISCLAIMER:

    By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer: The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials. IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.



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  • terpac
    02-01 03:59 PM
    Hi All,

    I just received an RFE for my I140 which says:

    -----------------------------------------------------
    The ETA Form 9089 you provided indicates a requirement for a Master's or Bachelor's degre in a certain field of study.

    Submit evidence that the alien obtained the required Masters or Bachelor's degree in Engineering or Computer Science, January 24, 2007. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and date of degree award, if any.

    The job offered is for a software enigineer.

    You have submitted a copy of a Masters Degree of Technology in Polymer Science and Technology and of the Bachelor's degree is in the discipline of Chemical Engineering with Speciality in Polymer Technology. If you have not been granted a Masters or Bachelors in the required field, provide proof that your degree(s) has the same elements as a Masters or Bachelors in the required field(s).
    -----------------------------------------------------

    How to proof that my degree(s) have same elements as a Masters or Bachelors in the required field(s) - the required fields being 'Engineering or Computer Science'? I think the confusion is because the title of my degree is 'Master of Technology' and not 'Master of Engineering'... same with Bachelors.. it is 'Bachelor of Technology' and not 'Bachelor of Engineering'. Anybody from India knows they are almost same. But how to prove it to INS?

    Please reply ASAP so that I have time to execute the suggested steps. Any help is greatly appreciated. Thanks in Advance...





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  • Hello_Hello
    10-29 09:13 AM
    Your total withholding is $1400 or your difference with using 3 allowance or 6 allowance is $1400. Assuming you are talking about total. Your difference should be 300-400 a month. I am not justifying your companies attitude nor I am asking you to not take any action. But all I am telling you is it's not a big deal..personally I feel better when I get a chunk of money in Tax refund. But for that I have to wait one full year and deductions are $1400 more per month.



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  • laststraw
    06-23 01:47 PM
    Thanks fromnaija.

    Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?

    I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.





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  • ravi98
    06-25 11:24 AM
    For members doing the Calculations..............

    According to DHS | CIS Ombudsman Updates:
    During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.

    Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.



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  • maddipati1
    01-09 09:07 AM
    thx vin,

    i was selecting the first option, >> need service for an app already filed

    but as u suggested, option 4 works. thx





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  • kanshul
    12-18 10:02 AM
    I am sure it is not enforcable...

    Talk to a good lawyer but usually if your company places you at a client location it is not really a business entity but more like a "Placement Agency"; many states will not consider a non compete b/n a placement agency and an employee.



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  • mzk
    04-07 11:34 AM
    EB2 ROW is usually current - if you qualify for it, it would be faster as compared to EB3 ROW.





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  • vaishnavilakshmi
    06-22 11:20 AM
    Can scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?

    Thanks

    Yes,

    Yes u need to submit only scanned copies/photocopies to uscis along with i-485.And keep originals with u.U might be asked to show the originals only at the time of interviews and also incase if they have sent u any RFE.
    I too submitted the scanned copies as per my lawyer's instructions.


    cheers,
    vaishu



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  • waitnwatch
    08-27 06:03 PM
    It is called interfiling. You can use a new 140 (approved or pending) to replace the existing 140 (approved or pending) for an I-485. Even though the common perception is that the PD must be current, it is not true (per Murthy).

    I'm not a legal person, please verify from an attorney

    Where did you find this on Murthy. I ask this because I have a similar but slightly different situation where I have an EB-1 140 pending and I concurrently filed an EB-2 NIW. If the EB-1 140 comes through by chance I would like the already filed I-485 to be attached to the EB-1 at that point.

    I have been looking for an answer to this question but haven't found a satisfactory answer anywhere.





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  • sweet_jungle
    09-30 02:20 AM
    With GC process bound to take long, staying at the same place to avoid changing address may be a big challenge.
    Has anybody considered using PO box for address on I-485? My lawyer did not allow me to use PO box during July 2 filing.
    Will it be possible to go online and change to PO box address for I-485?
    Does INS has any issues in sending GC to po box address?



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  • rb_248
    09-10 04:36 PM
    Folks,

    I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.

    My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?

    My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?

    Please share your thoughts and help me.





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  • tom
    06-18 03:36 PM
    .



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  • us_employee
    08-24 09:25 PM
    Thanks Wandmaker, I think thats true based on my knowledge too. Attorneys, can you please confirm about the same. I really appreciate.

    Thanks in advance





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  • InTheMoment
    06-19 03:07 PM
    See below

    Hi,

    I am planning to do concurrent filing on my PERM LC.

    1. When will I get my AP/EAD? Will I get it only after I-140 is approved or I-140 approval does not matter?

    I-140 approval not necessary.

    2. Can I do premium processing on my I-140 in the concurrent filing?

    Yes, absolutely!

    3. Does premium processing available if another I-140 is already pending based on my LC Sub?

    No, you cannot file another I-140 in PPS when another is already pending as per USCIS premium processing conditions.

    Please reply.

    Thanks





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  • gcgonewild
    02-13 05:38 PM
    My colleague's spouse was detained and questioned for 2 hours at EWR.

    If you changed jobs, be sure to give the new set of docs. Give all the docs just the same as you (on H1) would. Including Recent paystubs and new employment letter.

    This is getting way too far..

    If they have a beef with H1s, they should take it with H1s.





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    good idea
    04-20 02:12 PM
    My emp. filed H1 ext in Jan 2011 and got RFE.

    My (existing) H1 extension is expiring on 25th March... which is just less than a week away.
    and my employer may submit RFE documents in First week of May...

    What would be my legal status during this period?

    My H1 extension was filed with regular processing, Is it advice able to upgrade it to premium while or before submitting the RFE docs?

    Please advice.

    Thx....



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