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  • gauravsh
    02-26 01:54 PM
    Ok, so the above says that you can get a "immigrant visa" based on approved 140 (for your case). In order to get that "immigrant visa" that will allow you to work "indefinitely", you need to actually apply for the the "visa". Based on your 140, you can apply for this "immigrant visa" in two ways. If you are outside of the country, do what is called "consular processing" where you apply for a immigrant visa at a US consulate in a different country. If you are already (legally) in the US, you apply for what is called adjustment of status. The problem is that these "immigrant visas" based on 140 are in short supply compared to demand. Join the queue.

    ... so whats your confusion?

    No confusion now!! thanks.





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  • calboy78
    10-10 12:25 AM
    Marry me...i like funny people......

    /thread
    LOLROTFL
    Hope this is the first one :D USCIS does not want to give GC to those who will engage in polygamy :D





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  • addsf345
    12-31 11:58 AM
    I got it.

    Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?

    I am going to file AC21, haven't done yet. My lawyer was more inclined towards going with EAD rather than H1 transfer in first place. I am still in negotiations with the new employer.

    what additional documents do we need to submit to new employer while requesting H1 transfer? I assume copy of I-140 is needed. What did you do to make sure your new job is in similar category?





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  • rsdang
    09-03 03:29 PM
    I would suggest going to the ssn office with all the documents and see if you can apply...



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  • ImmiLosers
    03-11 07:56 PM
    To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.

    Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification

    ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.





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  • adde72
    07-17 06:05 PM
    Does this mean that we have to file I-485 before August 1st?. From August 1st, the August visa bulletin is effective and all the EB category dates are U.:confused:


    You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV



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  • STAmisha
    07-10 02:49 PM
    So what happens if USCIS calls a company which is closed. Obviosly that company is closed, so there is no way they can check it. If you loose your tax docs, it is very tough on you?

    WHat worse can happen, they might reject your 140. Since your company is applying for 2 140's, that second one will be a backup





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  • WaitingYaar
    03-23 10:47 PM
    Does letter for initial interview makes sense for EB petitions. May be gurus from the the forum can comment.



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  • tempy
    09-23 02:12 PM
    Here is the short version of how it unfolded. I've seen some quick responses from USCIS.

    9/15/2010 - USCIS email indicating that cards mailed for both me and spouse
    9/16/2010 - Spouse received card
    9/21/2010 - Got email (LUD) that my card returned undelivered.
    9/22/2010 - Called customer service updated the address
    9/23/2010 - Got my card in mail (wrapped in an usps priority envelope) with tracking number

    I was pleasantly surprised with the fastness of USCIS.

    Thanks,

    Yes we got the card after a month.
    It went to a place where we never lived not sure how it went there.
    Anyway we didnt get the notices yet.
    Just the card.





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  • desi3933
    03-19 11:14 AM
    Is it still possible to transfer your H1B to another employer

    Yes

    ... and return back to USA on the old visa?

    No. You will need new visa stamp.



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  • sheelalann
    05-21 12:44 PM
    this is the toughest issue ever discussed on this forum :)





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  • nefrateedi
    07-16 05:12 PM
    That could explain why NSC never got the memo. Remember only EB I-485 is in question.

    That's incorrect. NSC does accept employment based I-485 applications.



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  • tabletpc
    11-20 01:59 PM
    RK, Just HDFC is fine..!!!

    Also in my appointment letter the state of residense says "Tamil Nadu"...but I am from Karnataka. Nowhere in the form I did not mentioned anything about tamil nadu except that I requested the interview to be in Chennai...as that is where I need to go for stamping.

    is this fine or should the state of residence be Karnataka...???

    Thanks





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  • sbabunle
    07-18 07:07 PM
    Hello Atul

    I agree only crying baby gets milk.
    But only lucky applicants get green card :). Its not based on eligibility alone.
    Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.

    I think every year about 30K or more people are coming from India
    on H1B. I think half of them apply for GC. At least 200K Indian nationals
    alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.

    A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.

    What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
    So what to do?

    thanks
    babu



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  • zico123
    04-20 01:39 PM
    As per Lawyer need to file for amendment before EAD expires. Need I-20 from Kaplan and another application fee ($190) + PP fee($1,000). :( But at least H1 is approved :)

    New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)

    ** Best of luck to others still waiting **





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  • desi3933
    06-25 07:24 AM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor’s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.

    >> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002



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  • chanduv23
    04-28 05:12 PM
    A good employer and a good law firm will not have the dirty deals of trying to screw an employee.

    It is true that Law firm is not obligated to answer employee on 140 because it is an employer petition and they may not act against wishes of employer, BUT if they are good people and have some ethics they will send a photocopy to the employee for his/her records.

    FOIA takes time, but one will eventually get it through that channel also.





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  • satyasaich
    06-11 04:23 PM
    Friend

    There is already another thread for this AND by the way july bulletin is not out yet, may be in the next 4 or 5 days

    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

    Zee.





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  • swartzphotography
    June 24th, 2006, 10:47 PM
    it dont just sound like you have dust on your sensor. you do have dust on your sensor. at this point you have 3 options. you can do what nikon and canon recomend and blow the dust out with a blower bulb at wich point your head may explode from the frustration of NOT getting the dust of since it clings to it through static charge. the next and most stress free way to do it is to find a local camera shop that will clean it for you (not all will do this for you however). the service is available here in okc for 85 smakaronies. The should use a stero scope to get down there and get every piece of dust off so that your sensor will be back to the original shape absolutely no dust. or you can be brave and make a small investment on ecipse cleaning solution and cleaning swabbs. the solution is streakless after it dries. also get a special set of cleaning brushes that you can swipe across the sensor without scratching the sensor. as i said the method i recomend is paying the mola to have someone else do it as when i tried to clean my sensor i was so nervouse i just did not trust myself to do a good job.





    asdqwe2k
    07-02 03:11 PM
    I decided to marry a girl just because the dates are current.
    I paid for a 2007 labor for 15k.

    Greed at its best...





    saxx
    01-11 08:23 AM
    Thats ****ing amazing dude.



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