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  • gsc999
    05-29 08:04 PM
    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
    ---
    "Attorney Opinion" hmm... this title is misleading. USCIS priority date is not a legal issue. That so called opinion is a personal opinion. Ask him/her again. But this time let him that you might make some financial/ personal decisions based on his opinion :) and see his/ her reaction. Ask him what are the consequences if his advise is incorrect.:p This just might change this opinionated Attorney. Btw, I would be happy if this attorney is proven right. We all want the priority dated to move faster.





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  • transpass
    09-06 11:23 PM
    This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

    If anyone has seen this already, my apologies...

    http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



    Hello All,

    I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

    IO: Immigration Officer
    MC: My Cousin
    MCL: My Cousin Lawyer

    IO: We are not able to verify your finger prints. That�s the reason we called you for the personal interview.

    MC: I am ready to give right away.

    IO: No your finger print images not at all visible. There is no way we can check your Criminal background.

    MC: Is there any other alternate solution for this �? If so please advice.

    IO: Yes�You have to submit local county police clearance certificates from past 3 years with in 30 days.

    MC: Can you increase the time�? 30 days might be not sufficient for me to collect all the information

    IO: Sure�Make sure you submit with in 45 days. Thank you.

    MC: Can I ask one question�?

    IO: Sure�.

    MC: I applied my GC in 2003. Almost 5 years completed�Now I have problems with my finger prints. What else I need to do for the getting the approval on GC

    IO: Don�t worry�Submit the Police clearance certificates�We will approve your GC soon. With out verifying I can�t approve...If I approve� I will loose my Job�

    MCL: Well �.My Client PD is Dec 2003 EB3-INDIA. Visa numbers are not available at this time why you are asking to submit police clearance certificates with 45 days�? And once we submit how you will approve my Client GC without VISA numbers available�?

    IO: Good question�.All EB Visa Numbers will current in coming 2 months. That�s all I can say. There is some process going on to collect some unused visa numbers�.I don�t know what exactly going on�But I can say with in 2 months EB Visa numbers will current.

    MCL: Oh that�s great�

    IO: Yes it is�

    MC & MCL: Ok thank you for your time and we will submit police clearance certificates with in 45 days.

    IO: That�s good�You are all set to go now. Thank you.

    Based on above conversations I am saying�Please do not abuse me if it�s not going to be happened in 2 months. I am just sharing my cousin Interview details. I am also EB3-I 2004. I wish and Pray to GOD to make IO comment come true. Thank you.

    -Sree





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  • aachoo
    04-22 12:51 PM
    This is literally word for word the RFE I got. Basically an employment verifications. I did not use AC21, no job changes, no nothing. Attorney aid it was normal and responded in 2 days.
    -a



    My lawyer got the RFE notice yesterday....

    USCIS requesting the following...
    1. Dated letter from employer detailing job duties and position
    2. Your proffered position if different from current one
    3. Date I began employment and current salary
    4. Letter must be signed by executive officer of the company
    5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist

    They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.

    My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

    Please reply with your thoughts.





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  • eb2_mumbai
    10-20 09:35 PM
    First of all I am not going to judge you by your actions because I do not know the full story of why you did it.

    Now coming back to your question. There are few things you need to do.
    1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you

    2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.


    My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.



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  • vkannan
    03-12 11:25 PM
    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
    :):):):):):)

    CONGRATULATIONS on your GREEN! Tried to make you green , by adding to your reputation......;) but I guess with so many reds.....still you will not make it into GREEN....

    but hey, you got the GREEN Which really matters......Enjoy





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  • vin13
    03-31 03:22 PM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Congratulations!

    You have a Oct 04 priority date. Your date was current for quite some time. What took them so long? Did you switch from Eb3 to Eb2?



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  • prinive
    02-18 03:35 PM
    Last Up Date

    I am fairly new to this community and not familiar with acronyms.
    Can someone kindly explain what LUD is ?
    My PD is now current as well and want to find out how to track my case.
    Thanks for everyone's collective support. :D





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  • logiclife
    06-01 06:33 PM
    No, you cannot file for I-485 unless your PD is current. This is as per the current law.

    Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.

    As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.



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  • americandesi
    04-06 01:31 PM
    Refer http://www.murthy.com/pr_thngs.html and search for

    "It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."

    As suggested by "Optimystic", any time between 6 to 12 months should be ok.





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  • go_guy123
    11-03 08:55 PM
    http://www.youtube.com/watch?v=INo69f7f8bo

    About CIR.

    He talks of more H1B.....no green cards :(



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  • SNLive999
    06-05 06:20 PM
    Can someone please respond to my question. Thanks.





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  • cox
    June 16th, 2005, 10:14 PM
    #1 is really good. The eye in #2 is too much in shadow, and what highlight in the eye that can be brought out looks strange (some angular reflection visible in Nik's version). Also, the white wing blaze is center frame, and pulls your eye from the face.

    Besides the better pose etc. of #1, the eye contact is much better, and that makes the shot, IMHO. Dark animals, especially birds with high contrast plumage are really hard to shoot, and you got him in #1.



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  • cram
    10-09 07:06 PM
    please anybody????????





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  • eb3_nepa
    07-20 05:29 PM
    if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.

    Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.



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  • tnite
    08-09 10:45 PM
    Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?

    Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.

    Yes marriage is another option, but only 50% is in my hand for this option.

    Please please guys, get me some way out of this situation.

    Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.

    The best option for you is go back to a community college to bridge the gap. Motion to reopen will take a long time.





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  • greeku_veerudu
    06-27 04:25 PM
    Simple solution to your problem is to hire a CEO to run your business. Appoint a CEO a week before her EAD is expiring if she does not get her EAD by that time. You can pay a minimum salary, say $500 a month to run a company. Mind you, technically, she has to give all powers to the CEO including check writing powers. So the person you are hiring should be trustworthy. If she doesn't have EAD, she can not work for the company, not even sign a check or receive a phone call on behalf of the company. She can not even hire a CEO once her EAD expires. So it is important to appoint one while her EAD is valid. She can have this arrangement until she gets her EAD.



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  • pd052009
    03-07 10:02 AM
    out of the country indefinitely and then come back lets say after 10 yrs?
    Lets pray the dates would be current by then...





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  • DesiTech
    06-01 07:10 PM
    :) Thanks for you info.





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  • anurakt
    01-03 11:13 AM
    I pledge $120 every month as soon as it is available......





    randomdude
    12-07 12:34 PM
    I have my EAD for a rainy day.

    In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.

    The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.

    Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.

    Thanks again for your reply KaiserSose

    FYI, I sent my app to NSC and got a receipt from them. Then it got transferred to TSC which sent me a notice after 2 months. I do have the correct date on my receipt from NSC though and will wait for 180 days to finish based on this receipt date. I hope that eliminates all the risk, right?

    As far as I140 goes, its already approved. :)

    I am guessing there are no issues with me moving to AC21, correct?





    sivaji2007
    03-28 09:00 PM
    Many thanks for IV to get this fixed for students. I am student member of IV since 2007.
    I have posted this message in other forums and urged the student community to join IV.
    IV rocks!
    Balan










    Until now, the student community and the OPT community felt that IVs goals were not in sync with them.

    OPT is now being considered to be extended for 29 months. This is a big boost for students who want to pursue their American dream.

    So, if you are a student or an OPT candidate, you are definitely benefitted by this move.

    This is a call for all students/OPT to unite under IV umbrella. Please sign on this thread and pledge your support to IV. Spread the message among your community. Urge everyone to join IV. Start getting active on IV. Most of you are young talented folks from all over the world, and your talent and freshness will keep IV going strong.

    So join IV now and join your State chapters. Spread the message among your friends.



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