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  • indyanguy
    11-07 08:58 AM
    I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
    not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
    The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.

    Thanks for the detailed reply. In my case, the company's lawyer suggested this option. I have a MS from US, have enough experience and the job profile justifies an EB2 application. Unfortunately, I got stuck with EB3.

    I will keep in mind what you suggested and will do more research before taking any action.





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  • smartboy75
    08-14 02:48 PM
    Another bizzare behaviour with Renewal of Efile EAD....

    My 2 cents is just send them what they need....they have specifically asked us not to send photos when e-filling and now they raise an RFE coz u did not send photos...

    God come down to earth and save us from this atrocity....





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  • dealsnet
    07-27 02:03 PM
    Since you are in tight spot, you need to consult good and experienced lawyers.
    Do not go to an ordinary lawyer for this.
    Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)



    You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.





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  • chanukya
    02-20 10:35 PM
    I hope IV is ready for this.

    Arise and awake....get ready for the final battle

    http://judiciary.senate.gov/schedule.cfm?changedate=02/26/07
    http://judiciary.senate.gov/hearing.cfm?id=2555



    "Comprehensive Immigration Reform "
    Senate Judiciary Committee
    Full Committee


    --------------------------------------------------------------------------------

    DATE: February 28, 2007
    TIME: 10:00 AM
    ROOM: Dirksen-226
    OFFICIAL HEARING NOTICE / WITNESS LIST:


    February 20, 2007


    NOTICE OF COMMITTEE HEARING


    The Senate Committee on the Judiciary has scheduled a hearing on �Comprehensive Immigration Reform� for Wednesday, February 28, 2007 at 10:00 a.m. in Room 226 of the Dirksen Senate Office Building.


    By order of the Chairman



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  • copsmart
    06-09 05:29 PM
    Admins and moderators have other important work to do than deleting worthless threads like this.

    Just ignore this crap and move on.





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  • uslegals
    08-20 04:12 PM
    Can somebody please reply..? Your advice will be priceless for me at this stage..! Thank you!



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  • manderson
    04-30 12:11 PM
    According to the WSJ Article today (4/30/07):
    Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress

    http://immigrationvoice.org/forum/showthread.php?t=3900&page=49



    :confused:
    I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?

    I am really freaked out. Can someone please shed some light on this.


    (I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)





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  • vnsriv
    10-26 03:44 PM
    My lawyer is saying you need a valid reason to apply. My wife wants to visit India when i asked he said you cannot apply AP for visiting purpose, you need a valid reason to apply and a letter or wedding invitation to apply.

    what shall I do?:confused:

    Can you type in all your details , like category,country, etc. Is your PD Current?



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  • Nil
    05-04 05:07 PM
    i travel this leg regularly - at least once every year. 2 hrs is good enough. Pls ensure you have a stamped visa when returning.





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  • snathan
    02-21 02:37 PM
    I am from India.

    Not a good place for GC.....:eek:



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  • gimme_GC2006
    08-16 06:27 PM
    In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.

    I had absolutely no problems, it's all smooth as long as you carry all the supporting docs. I did have a shitty experience at JFK -- there are few morons at the POE you can't do much about.

    What are the supporting docs along with AP? I will be travelling by Emirates via Dubai in Novemeber.

    TIA





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  • shana04
    02-17 04:24 PM
    Can I invoke AC21 by using H1-B transfer?

    Enjoy your life, but do it careful.



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  • venky321
    02-24 12:53 PM
    Its probably a good thing that LCA laws are being enforced. If a person hasn't gone on the bench and has a valid LCA, I don't think that person would be affected by this.

    Consulting companies who adjust with the times and work to comply with the enforcement might come out of this stronger when the recession ends.





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  • indyanguy
    11-06 08:31 PM
    You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.

    If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?

    Thanks!



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  • chanduv23
    10-09 04:08 PM
    chandu... seems am only one visiting this thread ... lets see how many people responds ... :D

    Thanks sammy - I know it is difficult for u with kid etc... but thanks for helping us out.

    We have more people, it is a matter of time. Lets keep mobilizing





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  • smsthss
    11-16 09:49 AM
    If anyone has more info on this, please respond. Thanks.



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  • hopefulgc
    04-10 08:41 AM
    did you file concurrently... ?
    if yes, make sure to act fast, coz we have seens people's i-485 get denied when the underlying i-140 is denied.





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  • little_willy
    05-02 09:41 PM
    Little_willy,
    How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?
    Thanks

    Yes, you do need the I-140 approval from your current employer. We contacted the lawyer directly and obtained all the relevant documents, told them we need for our records. Employer never got involved in this. Hope you can get the approval copy. All the best.





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  • austingc
    07-02 03:19 PM
    Folks,

    How are the taxi charges from Chennia airport to the town or station ? Do the drivers charge whatever they feel like or is it controlled?

    My parents are leaving back from the US and will be landing in Chennai, they are not from Chennai....so not sure if I should try to book a taxi before hand...or the charges are controlled ? Also, do they have something like pre-paid taxi ?
    The flight (emirates) lands at 3 or 4 am.


    Also, any recomendations for Hotels ? Ideally near the railway station.

    Thanks in Advance !!

    Regards,
    try agoda.com. I always book through them and cheaper than yatra and makemytrip. Sometimes agoda's price is higher than yatra so you have to compare. Just choose a hotel and then compare the price with these three websites. In the last 2 years I Booked hotels in chennai through agoda at least 6 times and everytime the price was atleast 500 to 1000 rs cheaper than other websites. I am talking about 3 and 4 stars.





    Ann Ruben
    02-09 10:47 PM
    Saurin,

    Technically, your H-1B status terminates once you are no longer working for and being paid by your H-1 employer. Being on a LOA does not protect you from this unless the LOA is for reasons that are both personal and out of your control, such as serious illness.

    A new employer can file an H-1 petition for you even if your current H-1 has not been cancelled. You will be required to submit recent pay stubs with that application.

    You mention AC-21 and having an EAD, but your profile does not indicate that you have a pending I-485. Can you clarify?

    Ann





    raysaikat
    07-13 01:27 AM
    Hi

    My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following

    a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn


    The school cannot pay her stipend unless she has SSN. They might still be able to waive tuition, though.


    B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing


    You can file I-140/I-485 while your wife is in F1. There is no risk to the green card processing. However, applying I-485 for her might end her F1 and put her into AOS (you need to ask lawyers for this; it is a bit unclear and I have seen contradictory responses).



    C)If she continues on H4 visa, can she still get scholarship?


    If the scholarship requires her to "work" (for example, being a teaching assistant or research assistant), then most probably no since persons with H4 are not allowed to "work". However, if the scholarship requires no "work", then she may be able to do so while being on H4.

    I think the test is if she has to pay taxes for the scholarship money. If yes, then she cannot do so on H4, otherwise she may be able to do it.



    if not once she graduates would she be in special US master degree quota for H1B?

    Any help on these would be great

    Thanks

    Once she gets a master's from a US university, regardless of her status while she was in the university, after graduation she will be eligible for special H1-B quota (if it still existed that time).



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