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  • Hey Ram GC
    04-08 10:04 AM
    Hi,
    How many EB3 cases with PD before Dec 01 pending.
    My PD is Oct 21st, 01, EB3 (India)

    485 Filed in Jun'07, No LUD's since Aug'07





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  • jagan13
    02-24 12:24 PM
    Got response from the embassy stating that the passport has been processed but, not clear if they already dispatched it. Looks like they are still keeping up with the 40 day turnaround time.





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  • sbeyyala
    07-17 05:40 PM
    I pledge to contribute $200 once I get the receipt notice





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  • singhsa3
    10-22 09:05 AM
    But I've got two A#s and so as my spouse...
    I do not think so, even though you have two application , there will be only 1 A# for each applicant.

    We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.

    We did not apply for EAD and AP, through my wife. I applied from my side for both of us.



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  • humdesi
    12-13 09:35 AM
    This is the United States. They have rules here (except immigration). If they don't pay you, complain to DOL wage and hour division, and watch the fun..

    Thanks franklin,


    My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

    Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...


    I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..


    btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.





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  • amitjoey
    07-17 07:17 PM
    I think we need to send flowers with thank you note to IV core members and congress woman.Let us get vote and send flowers to those addresses.

    Thank you

    Instead send $$ as donations to IV. Contribute.



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  • harrydr
    06-30 11:31 AM
    So what you are saying is i can have 2 H1-b's only if both the jobs are part time. If any one of the two is full time, then it would be illegal. But here's the question. If i file for a 2nd H1-B, the INS should reject my 2nd H1-B request as i already have a full time job on my 1st H1-B. I guess this would be the only way to find out, since no one is sure what the law is.Is there some kind of INS documented law or statements to confirm this??





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  • pasagc
    07-31 07:03 PM
    I am going to file my EAD by my self. My I-485/AP was filed my my laywer on 11th july. I



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  • coopheal
    02-11 06:46 AM
    I'm in my sixth year and didn't even apply for labor. Let the company apply my labor thn I will be active in ur initiatives.

    Please consider this an initiative for yourself. Your contribution to IV is not for helping me but its for helping yourself.

    Best luck in getting labor filed.





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  • jsb
    12-05 03:38 PM
    If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.
    the third rule on the first thread.

    If you go to Canada just to get your Canadian immigration stamp, you may have a problem getting back to the US. The border agent may try to determine your real intent, and he/she can technically revoke your GC at the first instance. For the question "where do you live", there can not be two answers.

    Bottom line is that you can try to maintain permanent residencies in both countries, for a while, but not for ever, particularly when passport becomes mandatory for air/road travel, which will record every entry to the US.

    Those who maintain US residency for years by simply visiting US every now and then, pretend that their real home is US, and they just go out for business/work/pleasure etc. But when you have a Canadian PR stamp, you can't say that for Canada.



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  • desi3933
    06-10 04:53 PM
    Hello Attorney,
    .......
    .......
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.


    It is 30 days since the posting of this question, and not a single reply from any attorney.

    Let me repeat my understanding on this question -

    ----------------------------------------------------------------------
    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
    --------------------------------------------------------------

    Have a good day!


    ______________________
    Not a legal advice
    US citizen of Indian origin





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  • santosh19
    10-09 06:25 PM
    Got to the forums menu and select I-485 reciept tracker and you will find that you are not the only one sailing. There are bunch of July 2nd filers who have not got their reciepts yet to start with. I am one among them . Filed on July 2nd no activity yet, no checks cashed .



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  • fromnaija
    12-16 12:08 PM
    I got it correct yesterday .
    Thanks for the advice.


    For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!





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  • martinvisalaw
    06-05 01:40 PM
    A person with a 485 pending is allowed to remain in the US. There is no name for this "status", but it is lawful to stay in the US, and to work using an EAD.

    For those with questions about AOS portability - you should show a new job offer letter if CIS asks for it - either in an RFE or at an interview. There is no legal requirement to notify CIS if you change jobs while the RFE is pending, unless they ask about it. CIS does expect that AOS applicants will notify CIS if they change jobs, however.



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  • psaxena
    02-20 07:32 PM
    Simple thing, when she doesn't have a job why would you get her an H1B , which any other well qualified candidate would have got. Because of the people like you all the legal immigrants are the targets of the accusation of "stealing our jobs".
    People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.





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  • a_yaja
    01-13 11:51 AM
    Sure, I will try to do that. But the lawyer has a mind of his own, a very adamant one who would not listen to anyones suggestions. Also, I am racing against time. I have very little time to get new EVLs and have my lawyer submit them. Thanks for the suggestion.

    Did your exp. letter have the number of hours (40hrs/ week) mentioned? I had an RFE for my I-140 as well (one of the points in the RFE was for exp.) . The exp. letters I submitted did not mention 40 hrs/ week. I got the letters reissued with 40 hrs/ week and that cleared the RFE. The RFE clearly mentioned that the exp. letter did not specify the number of hours worked per week.

    Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.



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  • GCWhru
    07-16 02:50 PM
    "Processing Date" means thay have touched all the files before that - from approval point of view (this is not just FP or Name Checks). This could be like - officer has seen every page of application and put his remarks related to approval.

    They also continue to work beyond Processing Dates - our experience with EAD proves that.

    Thanks for your reply. If the processing date is July 17, on what basis they are selecting files which has reciept date July 30, Is there any exception for Current cases? If the case is current, they can pick that file regardless of receipt date (not considering processing date)?





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  • miththoo
    08-22 05:08 PM
    Does it invalidate the old I-140 if the PD is recaptured for the new I-140 ? I mean what happens to the old I-140 ? May we still use it in future if for some reason the new I-140 does not work out ?





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  • eucalyptus.mp
    02-18 03:46 PM
    Thanks Pritam , can u give me u r email id so that i can share resume





    svgupta
    06-15 03:40 PM
    Yes.. Leave it blank.. Even my attorney said so...





    lazycis
    09-23 05:11 PM
    Eventually they will accept it if it was wrongly rejected so you do not have to worry that you won't be able to re-file it after 9/30.