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  • ganguteli
    04-23 01:16 PM
    I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.

    If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.

    That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.

    If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
    Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?

    I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.





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  • xbohdpukc
    03-14 04:27 PM
    If i140 is revoke by earlier employer , will it possible to port PD to new employer?.

    No





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  • shukla77
    11-14 09:15 PM
    :)Wow.. That sounds like a plan..:D:D:D.. What about contacting Lalu...

    [QUOTE=kumarc123;195464]Hello all IV members,

    Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country

    QUOTE]





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  • sbmallik
    09-13 02:44 PM
    The Priority Date portability fails only if the approved I-140 was determined to be fraudulent. Otherwise, even if it is revoked, you are good.

    Yes, the new employer has to re-start your GC process, so that you can port the older PD to the new application. So, not much time can be gained ...

    Other option is to change job after I-485 application is pending for 6 months, but this involves sticking to the current employer for longer time. The advantage is the new employer needn't re-start the process - just invoke AC21 clause and proceed. Exact time requirement depends on your priority date and country of changeability.



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  • jthomas
    06-03 11:13 AM
    Hi Surpreet,

    Did you explore more on ARRA? Is it OK to take that benifit during AOS?

    Thanks

    I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.

    I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.

    J Thoams





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  • gc_kaavaali
    06-28 05:05 PM
    Read carefully. It says 'However, there is an exception for people in H, L, K or V'. You are not on H1 right. That condition won't applicable for you.

    Read the link Immigration: EAD and AP (http://immigrationroad.com/green-card/ead-ap.php), especially the advance parole section.

    "However, there is an exception for people in H, L, K or V status: you may return to the US using either an AP or a valid visa (H1, H4, L1 or L2), and it won't jeopardize your AOS application."



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  • whiteStallion
    10-17 02:55 PM
    Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
    So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.





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  • gc_on_demand
    05-28 11:39 AM
    If they approved your I485 before you get married then only way left for your wife is H1b or another visa. ( not Student visa ) you cannot apply for her gc if she is on F1 ( F1 is not dual intent visa ) .

    If they approve GC then current family category takes 5-6 years F2A category . OR u can become citizen and file which is also 6-7 year from day u get ur gc.

    BUT given trend it is very riskey to withdraw I 485. People donot get even chance to apply for I 485. You will be back on line in this mess.

    Choise it yours..



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  • apb
    09-14 03:10 PM
    Are there anybody who saw LUD before they got the CPO mail? I saw many posts here where they mentioned that they never saw any status change/Soft LUD, prior to their CPO mail.





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  • gconmymind
    03-27 07:17 PM
    Just Paypal'd $50. Will do 50 more after the news. Hopefully, will do even more if I am really really celebrating the good news! :)

    Keep contributing guys!



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  • blah45
    10-09 06:12 PM
    I'm a new member, so not sure whether this is the right place to post this. I've filed my I-485 @ NSC on July 5th and have not received a receipt yet. It's been more than 90 days.

    Is anyone else who filed around that date still waiting to receive a receipt? Or am the only one?

    Very frustrating ... :(





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  • veni001
    06-07 01:08 PM
    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:



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  • ujjvalkoul
    07-17 06:45 PM
    contribute please.....
    Those that are tearing up..u can call IV on the numbers mentioned..I just dd and congratulated the, on a job well done and pledged my contiuing support until all our oissues are resolved





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  • govindk
    11-01 12:48 PM
    I guess USCIS is counting 90 days from the notice date though USCIS website clearly state that the 90 days are from filing. I called USCIS several times and every time i got the answer that the system is not allowing them to file service request as 90 days are not completed.
    My lawyers also replied and said that the USCIS is counting 90 days from notice date.


    Service Center - NSC
    Filed - July 26th
    RD - July 27th
    Notice Date - Aug 31st
    FP - Oct 10th
    LUD on 485 - Oct 18th
    No LUD on AP/EAD yet.



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  • pyaradesi
    01-10 12:09 PM
    Hi H1TechSlave,

    I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.

    The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
    The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
    Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
    Now, this report was published in 2003, it has been buried for good reason.

    How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.

    Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".





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  • manderson
    08-15 09:26 AM
    "IV was very active in lobbying for CIR 2006, which was passed in senate. "

    True but most people don't know the difference between passing it in senate and signing it into law - they will think it simply passed (this has been my experience when talking to GC/485 newbies). Please say something like "which was passed in the senate (upper house of parliament), short of passing into law".



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  • snathan
    06-10 09:18 AM
    I am very thankful for such a generous response in such a short span of time.


    I have everything back with me except I-94 and VISA ( which can be had in india).






    I owe this forum a lot.....:) and i will have to repay it ...

    I am happy to know that your 'thefted' issue is solved . Is there any way you can help IV. There is a fund drive going on to solve some immigrant issue. If possible please contribute.





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  • camarasa
    07-23 11:26 PM
    Take alternative opnion from good Attorney and take a chance.

    "Taking a chance" would obviously depend on the alternative opinion - surely. If the independant lawyer says no way you must start again, it wouldn't be taking a chance, it would just be stupid.





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  • sodh
    07-27 05:03 PM
    And one more thing notarize the request, its not neccesary,but its better to be safe.





    tikka
    07-08 10:17 PM
    approached the consulate

    In DC or wherever





    minimalist
    10-08 01:37 PM
    I am starting this thread to collect and share experiences using EAD as proof of legal presence with with VA DMV.
    1) I read on the forums that if we take EAD to DMV , they would fax it to Richmond and wait for verification.It could take anywhere from half an hour to 1 week.
    I went to DMV in TysonsCorner, was told that I need to bring I797 to be able to get them to fax it. This was on 10/2/2010
    2)I went to Franconia DMV with I797 for my EAD application. ( I797 is the receipt notice )
    I was told that, I need to bring Original receipt notice of 485 application and If I have that, the manager can issue me the licence then and there.
    I said that I cannot get the original 485 receipt and requested them to fax it to Richmond and wait for the response.Then they started saying even for faxing they need 485 original receipt.
    I couldn't corroborate that , but any way decided to try Tysons corner DMV again.
    This is today, 10/08/2010.

    I will update the post after trying one more time at Tysonscorner DMV with I797 of EAD.
    If anybody else has experience or knowledge of this process , please post to this thread.



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