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  • Macaca
    01-24 08:58 PM
    You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it’s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.

    USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?

    If they did not catch it at PERM, why did they not catch it at the I-140 stage?





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  • saimrathi
    09-17 05:30 PM
    Recd EAD Card today (issued 9/12/07, RN 9/6/07)
    Recd FP notice today.. FP on 9/26/07.





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  • zCool
    12-02 11:07 PM
    Hi Experts,
    The question i've is:
    I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.

    Thanks,
    Abhi

    There was an article @ immigration-law on it.. and then some subsequent discussion on IV..
    http://immigrationvoice.org/forum/showthread.php?t=22242





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  • kommisetty
    08-21 03:21 PM
    Even though i didn't get my GC yet this info is helpful.;)

    PD : 2005 Oct. I-485 Still pending :confused:
    Hi guys,
    ...
    followup post:

    I think there is a mix up here between two things:

    180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.

    If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".

    You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.

    One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.

    One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.

    This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.

    This is from my discussion in following thread:

    http://immigrationvoice.org/forum/sh...ad.php?t=20403

    I just put it here so that everyone would not have to try the link and may be this information is useful to someone.

    Good Luck.



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  • probe
    02-23 09:17 AM
    When I applied last year I got it for 9 months and for 1 yr when I applied in 2009, eventhough my priority date is not current. I called them on 90th day after my application was filed and that has triggered something and I got my EAD in a week. I assume they have plenty of work load and in order to clear EAD applications they are just approving with out any emphasis on priority dates and with whatever duration they like.
    This erratic EAD approval process causes financial loss to all EAD applicants effected.





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  • sixburgh
    05-05 07:41 AM
    If I were you, I would not have gone with the repeat of X-ray test unless it was absolutely necessary. X-ray are very harmful to the human cells and tissues. It was a ( Probably honest) mistake by the doctor who was going to give the correct report...and you forced him to take the x-ray again!! hmmmmm....I have nothing more to say.

    I did not force.
    The RFE clearly stated that "Civil Surgeon Should also attached a XRAY report".
    It did not say this, which I wish it did, that "if tb test shows that there are signs of tb, then the civil surgeon should administer a xray and attach the xray report".

    The language in the RFE caused my lawyer to say that, to have no issues, its always best to follow the RFE language code exactly, even if did not make sense. One should always give more data in the RFE response than needed.

    Let me tell you one thing, the RFE language/sentence completely contradicts the rules written on the new i693 form or the document which has been created for civil surgeons on how to do medical tests for immigration. In those documents it clearly says that take an xray IF required, ie, if the tab patch grows beyond certain millimeter etc...But since the RFE clearly asked for it, I had no choice but to force the civil surgeon.

    One writes the rules and others misinterpret it because the language is ambiguous. Its better to be safe than sorry. USCIS has hired new people to do adjudication. None of them are experienced. I dont want them to generate another RFE or deny.



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  • satishm
    07-13 02:21 PM
    See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf

    Two important exceptions to the per-country ceilings have been enacted in the
    past decade. Foremost is an exception for certain family-sponsored immigrants.
    More specifically, the INA states that 75% of the visas allocated to spouses and
    children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
    Prior to FY2001, employment-based preference immigrants were also held to percountry
    ceilings. The American Competitiveness in the Twenty-First Century Act
    of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
    immigrants to be surpassed for individual countries that are oversubscribed as long
    as visas are available within the worldwide limit for employment-based preferences.
    The impact of these revisions to the per-country ceilings is discussed later in this
    report......................





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  • tabletpc
    09-22 12:58 PM
    I am disappointed too....... I think a lot of people are losing hope.........:(
    I am one amoung them. Especially after knwoing hourse bill has higher priority than tax payer's immigration issue...!!!



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  • gcnirvana
    05-17 06:17 PM
    Thanks for the link. I looked at it before I posted my case but I don't think it was a mistake by the customs officer. He specifically told me that he cannot stamp the date of the future I-797's expiry date (Jun 2010) and asked me to contact my local office just before the current visa expires. My current one expires June 04 2007. The future 797 is valid from June 05 2007 till June 04 2010. But my visa stamping in the passport is till June 04 2010.

    Search the forum:
    http://immigrationvoice.org/forum/showthread.php?t=2541





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  • Buddha2009
    02-01 03:57 AM
    Well here is what I have thought of doing if I get into your shoes when I140, US GC looks dicey. (I already have Canadian PR till August 2010).

    I would take a three/four week vacation and go and live there. Prepare for a job and get first hand ground feeling of what it feels like living in Canada, make a living and raise a family. After all making a living to able to support yourself is a important corner stone thing. You can't live of fresh air.

    Can you compare your situation ? No. You are not the same nature, skills, personality, intelligence and willingness as others and most of all your own Luck. You know yourself best and the only way you can tell that the place will work out for you is when you go get a sample for yourself and your gut feeling. I went to Vancouver and just loved the place. My wife saw the clouds and gloom and hates the place (spoilt by southern california). You will be your best judge.

    Take the harshest sample: Winter is tough in Canada. Go now and take a feel of what you will be expecting and set your expectation.

    Info: Approx 90% of the Canadian population lives within 100-200 miles north of the US border.

    Down the road: Make a plan and see whats your options down the road. Looking back is no good way of planning for the future. 3 years + few months, you can be Canadian Citizen. You have then the option of using TN and come right back into the USA, if you even have the need. Looking back now I feel I should have started this journey 2 years back. In the next year or so I would be a Canadian and could have come right back without the 140 and 485 headache. After two years I am still holding my breath for 140. Rightfully, Heaven is where I feel at peace. US has made me feel miserable and bitter after 9 years of rough rollercoaster and no end in sight. Can't buy a house, can't live freely, always on the edge and mercy of the Boss and H1B.

    Having Canadian PR in hand is like having a bird in your Hand, and US GC is like two birds in the bush (I feel the birds are in Bush in Texas :) and its going to eat me, rather than I eating it) You don't even have the US Bird in sight and the story is getting tougher....

    All options good. Go spend some time in Canada and see what your gut feel says.



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  • Dj-Studios
    05-16 03:29 AM
    Sounds great. I have started but won't get finished until later Sunday. :( sry. But I gotta go to a bachloriet and some special deal at my church for graduating seniors from 9:50 to around oh 4:30 I think. But I will try to get it out by Sunday night.





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  • Templarian
    03-24 10:31 AM
    Hmm... ties for first and 3rd places. Someone vote. :lol:



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  • lazycis
    01-24 04:52 PM
    School can't force her to continue on F1 visa. Only thing she need to send school is her copy of pending I-485 receipt and thats it.

    Exactly. Let them cancel her F1 status and she will automatically change status to AOS pending.





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  • yabadaba
    07-17 08:44 AM
    primary care physician....so that insurance covers it.



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  • Leo07
    12-10 09:26 PM
    I missed the train too...Now I don't want to miss the omnibus.
    Please contribute to IV and reach your goal!!!

    This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.

    Thanks
    Ram
    ---------
    EB3 India PD Feb,2006





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  • BharatPremi
    07-11 05:56 PM
    Hi,

    My parents will be here for more than 184 days this year (on visitors vis) and I want to claim them as dependats on my tax return for next year.I searched through some old threads, but the info seems to be outdated.

    * Can I claim them as dependants on my tax return?
    * Has anybody done this successfuly before?
    * What is the deduction amount per person/dependant?
    * What is the process? I know they will need an ITIN etc.

    Regards
    Nick

    Yes, You can certainly do that. If it would have been Year 2000 it was very simple but now in year 2007 it's bit tedious. I am Trying to explain as under. And this is not a legal advice just an opinion.

    Rule:
    -----
    More than 180 days stay in USA (You will have to prove that) is a MUST condition for getting ITIN. The key is more than 180 days. It does not tell that stay should be continuous.

    How to do it?
    ------------

    1) Have US MULTIPLE ENTRY Visitor visa, generally 6 months visa are
    granted. But that is 180 days not more than 180 days. No Problem.. Go to
    step 2

    2) During first stay of 6 months of stay in USA, get Canadian Vistor visa and
    send your parents to Canada on the day before the last day of the
    first stay.

    3) After some days invite your parents back to USA. This will most probably a
    another 6 month grant.

    4) Do not call IRS for applying ITIN

    5) Search for the bank in your area which requires and processes ITIN
    application directly with IRS for the application of opening checking/savings
    bank account for the people who do not have social security number. Every state and major city has such kind of
    banks. Your regular bank may not be autorized by IRS to apply for ITIN on behalf of its
    customer.

    6) Go to that bank and tell the manager to open a checking account for
    Visitor visa holder and from that point onwards bank will take care of.

    7) Wait for 15 to 20 days and you will have your Parents ITINs mailed to you.

    8) And in next return you will be able to claim them as dependent.

    Note: Guys who did in year 2000 around did not have to take this tedious route. So you mayl get both kind of opinions in this forum. If somebody says just apply to IRS tehn that guy probably might have done it in at least 4 years back. But nowadays you may have to do as I worte. Take the advise from your CPA.



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  • god_bless_you
    05-01 01:12 PM
    Please see this Portal Forum where DMV issue is more discussed..

    http://www.immigrationportal.com/forumdisplay.php?f=229





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  • go_gc_way
    06-22 07:43 PM
    I think, if at all Minister is being planned to be met , it is better only few problems are presented to Minister.

    PROBLEMS IN INDIA MAY DILUTE THE FOCUS. I think the following would be best to present ..

    1) Retrogression.
    2) Social Security Treaty.

    Numbers justifying above data can do a lot good to explain the problem.





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  • Munna Bhai
    02-08 10:01 AM
    It typically comes after 12 of every month.

    It comes 12th of every month but it is always good to see after 12 months(1year)...





    addsf345
    11-21 03:00 PM
    If both job (old and new) in same area, and new salary is "considerably" less than old salary, then it may be an issue. But it may be overcome, provided if you know the prevailing wage determination (not salary) of old job. Lets say if the PW for a level-3 engineer for your old job 50K at a particular county, and I-140 salary in your old job is 70K, and if you port to new job with new salary as 60K in same county, then it should not be an issue. Again, if USCIS does not buy this, you need to dispute. It needs extensive lawyering with DOL wage survey as a proof.

    Ramba, what are different levels? example, I found something similar on flc data center website. How can I know which level I am in to?

    Area Title: Town, State
    OES/SOC Code: 15-1032
    OES/SOC Title: Computer Software Engineers, Systems Software
    Level 1 Wage: $29.48 hour - $62,111 year
    Level 2 Wage: $32.92 hour - $71,347 year
    Level 3 Wage: $37.37 hour - $78,603 year
    Level 4 Wage: $41.81 hour - $85,838 year





    antihero
    06-03 11:08 PM
    Only God knows how CIS functions.

    :confused:



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