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northstar
01-21 04:06 PM
Your Emp A may say anything, but if he revokes your I-140 before you file AC-21, then you will be in trouble. It is always safe to file CA-21

I-140 cannot be revoked now, he is already past 180 days limit
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Achi Goro
11-17 02:54 PM
Hey Guys

I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.

Looking at the above filing date, can some one brief me on my likely priority date?

The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.
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student79
03-30 03:58 PM
She will be going to full time dental school, and this course does not have credit system and it is flat 2 year course.

and for this course there is not in-state fee, fee is same for either for in-state resident or student coming from outsidde, this couse is specially desinged for internation trained dentist.

and mai reason is I want to change her status on F1 is , if by any reason if I am out of H1B she will be NOT effected and as well she will be eligible for part time work also and more important she will get 1 yr opt option at the end of course.
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copsmart
02-10 09:30 PM
Congrats!

It�s good have a GC in this very bad economy.

Erase the H1 worries and enjoy your green.
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roseball
10-26 04:42 AM
Shouldnt be any problem..But I suggest to file for withdrawal asap if your wife is not planning to leave the country immediately...Because, she is legally out of status if she has not started working since Oct 1st (Though one can argue on this as she has a AOS pending too)...If she leaves the country immediately, she doesnt even have to file a withdrawal...She can leave the country and either enter on AP and use EAD to work or get a H4 Visa stamped, enter on H4 and use EAD to work....Either way, I dont see any issues here....
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Ann Ruben
02-06 04:39 PM
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
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p7810456
06-18 06:59 PM
Unfortunately I am in a very remote area , as factoryman above mentioned , in montana. factoryman , did this answer your question ...

well.. i guess try your best. the cause here is worth 70 mile trip, if need be. take the trips.. most probably you would need to do only one blood work.. so go for it.

Meanwhile, don't forget to Buckle up and Drive safe :)
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wandmaker
09-10 11:58 AM
thanks i hope everything will be ok..one last question what are my chances to have a consular processing?of course i don't want to leave the country and issue my h1b there cause im already here.thanks

USCIS will not approve your COS because you have no status, rather they may approve a petition for consular processing. Even if USCIS approves your H1B petition for consular processing, you only have 10% probability to stamp your H1B because

1 - you used your tourist visa to find work
2 - you have overstayed your I-94
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factoryman
06-30 02:28 PM
rajes_kamisetty's post. He didn't express desperation. On the contrary. Please be kind. Charity begins at home.

There is nothing the core team can do or initiate. They can't act on assumptions. No one can.

The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
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Venkat_175
04-06 03:40 PM
Hi,

I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me Permanent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

Thank you very much.

Regards,
Venkat.
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sweet_jungle
08-08 06:49 PM
In the same boat...
--

PD: 03/08/2006
RD: 07/02/2007
ND: 08/10/2007
Transferred from CSC to NSC: 09/05/2007

I think this is a hug issue that needs to be taken up with Ombudsman.
I am PD, Dec, 2004 and July 2 filer.
Mine is also NSC_CSC_NSC route.
Today, first level was unable to fileSR.
Second level said you are 400 days within processing time. Obviously, they are using 2006 date of CSC.
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eb3retro
12-17 01:36 PM
my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced


for gods sake, pls put proper heading for new threads.
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sixpockets
04-15 10:16 AM
TomPlate is correct, I followed the same procedure after being rejected twice.
Here's the supporting FAQ from IRS ...

http://www.irs.gov/efile/article/0,,id=120000,00.html#PIN7
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brij523
02-23 09:23 PM
Friends,

Please contact congress representative from your area before this meeting as time is less and work is more. It is not easy to get appointment with congress representative because of their busy schedule.
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apahilaj
09-18 06:36 PM
WILL THE CASE STATUS BE UPDATED IF FP NOICE IS SENT?
Please let me know...

Reading on this forum, it doesn't seem so.
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ajaykk
01-06 09:56 PM
Hi,

I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
Also, In case if she stays for long, can I apply for a new AP for her when she is in India?

Thanks in Advance.
AJ
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claudia255
10-22 03:11 PM
Thanks Admin2.
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meridiani.planum
11-12 02:22 PM
My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?

not a problem as long as you are also working full time on a job that meets the requirements spelled out in your Labor Certification. Technically having only a job offer is enough, but if USCIS sees you running a convenience store, while holding a "job offer" for fulltime employment, it will most certaintly result in an interview and you will have to convince hte IO you intend to take up the job.
If you are already working full time, then USCIS does not care what else you do in parallel (own a convenience store, run your own company)
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wandmaker
06-13 10:46 AM
Call USCIS and tell them you have not received your green cards yet..

Do not give any incorrect directions.

TexasGuy: As long as you remember your alien number that would do - Since you filed for replacement card, you have nothing to worry. Just make sure, your are not the victim of identity theft.
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akhilmahajan
06-06 08:55 AM
Gurus,

When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.

Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.

Or is it OK to send the photographs and mention the Alien A# .

Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.

Your help is much appreciated.

If you dont mind, can you share what supporting documents you submitted.
Thanks a lot.
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desimass77
05-11 01:30 PM
Hi,
I am in your stage. I am in AOS stage with EAD. I applied for FAFSA and I do qualify under 'Qualified Non-Citizen.' But, the school financial aid office was not aware of my situation and it took more than a month for me to educate and make them aware of this.

The FAO people only know about GC or Citizen. You will have to talk to the
School's International Office to evaluate your situation and ask them to talk to your FAO to explain about your immigration status.

Hope this helps.

If you need more info, PM me.

Good Luck.
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