Tuesday, June 7, 2011

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  • willgetgc2005
    04-24 11:47 PM
    dilbert_cal / others,

    I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?

    Thanks

    _________________________________________________


    If your previous company has closed down, there isnt any way you can port the PD.

    PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.

    Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.




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  • jnraajan
    01-14 05:08 PM
    I have done it once. It all depends on your relationship with your current employer. If they are ok with it, you shouldnt have any problems.




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  • bestin
    10-21 10:59 PM
    Congrats!!!Any Idea about minimum salary requirement for Eb2 position?

    Currently mine is less than what is approved in labor.In the second RFE they asked to prove A2P since the time i filed 140.




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  • sanjay02
    10-17 08:24 PM
    Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?

    pooja_34
    Junior Member

    Join Date: Dec 2006
    Posts: 14


    The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.

    My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.



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  • nhfirefighter13
    September 2nd, 2006, 06:37 PM
    Nice job, Antonio. I like both but prefer the second. :)




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  • belmontboy
    11-26 01:57 AM
    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001


    the law depends on state. Its worth paying the lawyer few hundred bucks to findout what laws pertain to Ohio specifically.

    Generally bonds are not legally enforceable, but lawyers may know better and explain you the fine print.



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  • Rockford
    09-06 03:12 PM
    What is your RD and ND ?

    Dear All,

    I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

    1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
    2. Can my wife get it done without me getting an FP notice?
    3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
    4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

    Please help us with your expertise. Thank you very much for all your time.

    PD: Aug 2005
    EB3 INDIA
    Nebraska




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  • desi3933
    03-09 12:29 PM
    .... None of my previous employers revoked my H1-B. ....


    Please refer to the sec. 8 CFR 214.2 h(11). As per USCIS regulations, the employer is required to notify that the employment relationship has been terminated so that the petition is canceled.


    ______________________
    Not a legal advice.
    US citizen of Indian origin



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  • jungalee43
    03-05 11:47 AM
    Our friend from AL: - "interested in SAVE act". He wants to see it move in House.
    Looks like there would be some debate. This way or that.
    All the talk about Illegals. So nothing that they discuss apply to us. Though I missed something, they are not saying a word against us.




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  • zuhail
    10-14 02:07 PM
    Obviously this bill will definitely help the EB back log -- this bill should be supported whole-heartedly.

    While we wait for a more comprehensive bill with visa re-capture, eliminating per country quotas etc etc, this bill will definitely help to reduce the EB back log. I wonder whether IV is raising funds to lobby for this bill or what is IV's position on this bill?



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  • addsf345
    01-13 03:21 PM
    Hi,

    I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

    The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
    I was expecting USCIS to approve both applications with 11/2004 instead.

    Thanks!!

    I don't think you can do anything, just go with what is given to you by CIS. Because any attempt to mess with dates may hurt your case very badly.

    One question though. The sub practice is long gone (no more allowed since 2007), is this an old case?




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  • mangelschots
    07-16 01:33 AM
    Is yours EB2?


    EB3 ROW
    PD March 2004
    I-140 filed Dec 2006
    I-485 filed June 25 07


    Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
    Will have to wait another 2 weeks to know the facts.

    What happens on these dates (Jul 18 for Nebraska) ?



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  • greencardvow
    07-18 06:12 PM
    Did you change your address. Sometimes they send denial at the old address. Also you need a lawyer now with the print out of the page where it lists pending. This forum cant help with this situation as an appeal is needed in your case.

    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.




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  • nashorn
    12-17 08:57 PM
    Hi friends!

    I have applied for my I-485 in June 2007.

    This is what i got on 29 Nov-2007

    On November 29, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    and on Dec 11th my status changed to

    On December 11, 2007, the post office returned our last written notice on this case as undeliverable

    My attorney got letters that my wife and daughter got denied as mine was denied..i am runing out of time and still do not know why it was denied..

    we are at the same address where we got our EAD's and AP's and we have been checking the mail box every day to find out the reason.

    if somebody who knows or gone through the same please share with me what you did and what happened.


    thanks a lot.
    Ramana.
    If your atterney got letters of your wife and kid, yours should had been sent to him too. It is possible that the address on your 485 has some mistake. Ask your atterney to check that with USCIS, and ask the decision be sent again. Your atterney probeblely has done this already.

    People normally got a RFE or Intent to deny befor final decision. If the address on the 485 was wrong, your atterney wouldn't get those either. His not responding could result in abandenonment denial. It looks like there is a good chance that is what happened.



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  • enver
    07-12 07:37 PM
    Hi Friends My lc approved under 245i 05-26-01 world wide,my question is if I file perm with new company and if Ican get 140 approved can I use my old priority lc number and apply for 485.PLEASE HELP THANKYOU.




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  • upuaut
    08-16 05:30 AM
    hmm.. thought I was just discribing that. ;) Guess I didn't discribe what I was talking about in enough detail.

    the dial was produced using that method.

    Personaly I've never lost any quality doing that.. but then again, I sometimes have smoothing turned off and sometimes on. I think that relates to how imported images look in the final production.



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  • sparky_jones
    03-15 03:29 PM
    Hi attorneys/seniors,
    Getting confused about the online status.
    Today morning my employer got mail from VSC saying that their received date is 03/12/2010
    Status check online by 10:30 AM(03/15/2010)
    Status:Initial Review
    Date received shown:03/12/2010

    Status check online by 1:00 PM(03/15/2010)
    Status:Acceptance
    Date received shown:03/15/2010

    Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.

    Got confused.
    How it works normally?

    Online case status can be confusing and sometimes incorrect. Your employer has paid for premium processing, which entitles them to contact USCIS through dedicated premium processing channels. They respond very quickly on these channels. Urge your employer to contact them, if there are any doubts about the status.




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  • Hoppi98565
    03-17 06:12 PM
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  • javadeveloper
    11-24 02:03 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.




    morchu
    05-13 09:50 AM
    I have no question about that. The immigration intent was proven at the time he filed 140.
    But intent is not something which stays forever.

    In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).

    I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.

    I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".

    "immigrant intent" is proven/shown when and if one files "immigrant petition"




    kiru_99
    10-31 09:58 AM
    Mine is similar case. While sending the application he missed the 2 pages of my wife's I485 application. He said he will try to send it again. Not sure what happens. :-((



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