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  • Anil_s
    07-08 09:45 AM
    Hi Ari,

    Thank you for the reply.

    As I came to know L1 is denied due to skill set I have is not enough, which I do not agree and I can appeal for the same.

    Will you advise me to reopen the case? And if I am reopening the case am I eligible to stay here in US till the case is finalized even if my I-94 expires?

    Can I also file for H1 at the same time?

    Thank You
    Anil




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  • kshitijnt
    03-07 12:49 AM
    Hi People,

    I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.

    I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.

    Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.

    Would appreciate a little insight here.

    Thx,
    M

    She is exempt. I renewed last year under new fees structure. I got my AP . For this year they did not even give me a receipt. So I am going to have to call USCIS.




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  • lvinaykumar
    05-18 12:42 PM
    The only scenario where porting from EB3 to EB2 would help someone else in the EB3 queue is when the person who ported does not use the regular allotment of the EB3 and hence another EB3 person gets it. But then, a lot of EB3 folks get in front of other EB3s by moving to EB2 and this reduces the chance of the extra visa numbers reaching EB3. I would say porting is not good for the EB3 people staying in EB3 except a few situations.

    I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:




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  • Steve Mitchell
    July 7th, 2004, 12:48 PM
    Not having experience with that particular lens, however I would ask if you are sure you can live with a variable aperture lens that goes all the way to 5.6 on the long end...and are you sure you can live within those limitations?
    Do any equipment savy forum members have any views on the Nikon Nikkor 28-200mm f/3.5 - 5.6D IF AF Zoom lens positive, negitive or otherwise? Target camera will be my D70. Thanks in advance.



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  • vnsriv
    10-26 03:33 PM
    Come on guys...some one..

    File withdrawal of H1, come on AP and work on EAD. No Issues at all.




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  • sweet_jungle
    10-23 01:34 PM
    So is it conditional GC??

    Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
    so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.



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  • Alien
    07-09 10:07 AM
    Maybe people should also post messages in Mandarin,Tamil,Telugu,Swahili taken from famous songs. That way the forums will be truly diverse.




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  • Michael chertoff
    11-25 08:22 AM
    http://upload.wikimedia.org/wikipedia/commons/2/26/RajaObamaKitchen.jpg

    Now Do u know who is this with Barack Obama...?

    Guys from Chicago should be able to tell for sure....

    Look here at the link

    Raja Krishnamoorthi - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Raja_Krishnamoorthi)

    Wow..I am so proud of this inidan dude, he seems to be very close to Mr. President. Can you please ask this Indian guy to talk to President for our GC issue?

    Thanks

    MC



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  • tikka
    05-31 11:09 PM
    we need 150 more faxes to reach 5,000

    can some of you please chip in??

    thank you




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  • Nagireddi
    11-27 10:52 PM
    What's the heck.What happened? Who gave me the red? Did I piss off anybody?



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  • saibaba
    12-05 12:03 PM
    It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.

    thank you

    After carefully reviwing the approved 140 ,I found this DOL/ETA case number D-XXXXX-XXXXX (don know whether I can post this number here) in my approved 140 petition under "Additional Information the petitioner" column...but this particular column has info abt my employer who filed my GC and i'm not sure wther it is the same as my GC labor code...

    is this the number u r referring to?




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  • vjmjaan
    05-07 06:55 PM
    I haven't received any LUD or FP for me and my wife. The online system has the LUD as 07

    July 07 fiasco filer PD: May 07, EB2, TSC



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  • questions
    06-10 10:45 AM
    Thanks Kothuri.

    I am trying to understand if this would help much as it has no legal baring and is worth spending the $. My funds are limited and have to choose wisely without jeopardizing my chances... :o

    My understanding is that it might help, but it will ultimately be up to the INS/consulate to take this into account.
    Does anyone has any experience with this and if so how was the nunc pro tunc taken into account?




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  • alien2006
    08-07 03:05 PM
    Prevailing wage for EB2 as of latest information i have is $83,200
    Hope this helps.

    Okay that is so vague. Wages depend on the location of job, type of job, etc.



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  • aj_jadeja
    09-20 04:25 PM
    the link wouldn't have helped ya
    coz the link would also show the same date.
    Regardless of i clickin on the emergency or the normal link i always got the same date :eek: :eek: :eek: :eek:
    so decided not to travel:(

    now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.

    cheers




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  • eyeswe
    06-03 04:00 PM
    I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation

    U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:

    * been granted Temporary Protected Status (TPS);
    * "a pending application for adjustment of status to lawful permanent resident;"
    * a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
    * a pending asylum application; or
    * a pending application for legalization.*



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  • spicy_guy
    10-21 06:42 PM
    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!

    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?




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  • Siddharta
    01-11 09:11 PM
    I dont think u'd be barred from entering that country again on a tourist visa but another PR? For sure u can forget that.

    Why is that? What if I have a job offer from a canadian company and they sponsor me?




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  • MDix
    02-04 09:05 PM
    http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/applications-for-benefits-2009-december.pdf




    nogc_noproblem
    04-09 04:34 PM
    If your I-140 is approved and if your I485 is pending for more than 180 days, you can move to a new employer. In such case you can use your valid EAD for the employment with the new employer OR you can transfer your valid H1B to the new employer. AC21 is about just informing USCIS about your job change, no matter whether you are using EAD and H1 transfer.

    Note:
    - Informing USCIS is not mandatory, it is a gray area.
    - 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.

    Hope it is clear.


    If you are planning to work on EAD, then you are not using AC21.
    Is my understanding correct?




    meridiani.planum
    07-18 11:20 AM
    thanks for the responses everyone!



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