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  • I-485 approval
    08-21 04:56 PM
    Hello Prashanthi

    Thanks for your valuable input.




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  • arulz
    11-13 08:44 PM
    Why dont you write to your COngressman or Senator?
    If possible go and meet them They will help you. or even better have your employer also write to them expalining the circumstances.


    Is tehre is any way for PREMIUM PROCESSING for I485 pending case?
    In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
    I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.

    Along with me my employer is also fed up now:p.
    Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.

    I know there is the way WOM but is there any other way?:rolleyes:




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  • Suva
    10-28 11:07 AM
    Happy Diwali to every one here in IV...




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  • bigboy007
    10-30 07:08 PM
    yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?



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  • MArch172008
    05-22 07:26 PM
    I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .

    Do i have to take transfer in order to apply for I 140 ?

    Can two I 140 process parallel ?

    Thanks for you all support..

    Keep up the Good job




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  • designserve
    09-04 01:08 PM
    IMHO,Since the validity of the 797 starts by Nov 09,thet will take precedence over your entry now.I had a similar issue and asked an online question to
    https://help.cbp.gov/.I had traveled to canada and my I-94 expiry was the visa expiry date(oct 08).However,my 797 was valid till june 09.
    They told me that the 797 date was valid and I got a renewal after that till 2012.I believe you should not have an issue here....Now then, I am not the authority here too.



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  • kamdard
    04-08 11:02 AM
    PD: MAY-2002 (EB3 India)
    I-140/I-485 filed: 28-JUN-2007 (NSC)
    I-140/I-485 RD: 24-JULY-2007
    I-140 Approval: 05-SEPT-2007
    EAD/AP: OCT-2007




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  • needhelp!
    01-21 01:49 PM
    I know one or two friends who had gap in between H1 transfer. So far USCIS has not been to strict about it.

    If you find a minute, could you please update your profile to help other members and IV?



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  • prioritydate
    08-14 12:26 PM
    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.




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  • milind70
    07-18 09:39 PM
    Who said that concurent filing is available for PERM only ???

    That is not true right ????

    Somebody please clarify !

    Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
    The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.



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  • DareYouFireMe
    03-09 03:52 PM
    For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).


    Document URL
    http://www.uscis.gov/files/pressrele...22_091206R.pdf

    PAGE 27
    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

    PAGE 28
    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




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  • saint_2010
    06-25 02:01 PM
    Wow...we have a winner...HOME DIGITAL photos are way to go...
    I have already used this for my Indian passport renewal...they never objected...Thanks for the input guys.



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  • H1bslave
    06-27 02:28 PM
    You should be perfectly fine as your joining date is 11/27. The first payday could take more than 30 days in many organizations and its a common practice.


    For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.

    For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.

    I run payroll for my company and can provide insight, PM me if you have more questions.

    Take it easy & Enjoy your weekend :D




    I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.

    Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.

    Thanks.




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  • qualified_trash
    01-08 03:33 PM
    you guys are missing the point. contest rules have to be followed to the letter because they are a legal contract. if the rules state that the parents have to be legal residents then that's the way it is. if they decide to change the rules for the next contest due to political pressure , fine. but now they are opening themselves up to lawsuits for not following their own contract. i think it's funny how so many people are in favor of breaking the law as long as it suits their agenda. oh wait these are all people in favor of people breaking the law to come to america illegally. correct me if i'm wrong.
    why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.

    as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?

    For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....



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  • krishmunn
    03-29 07:21 PM
    This is definitely good news for people who are in PERM stage but this also means fewer spill overs since all ROW EB-2 who were waiting for PERM will now file 485




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  • maddipati1
    08-20 03:58 PM
    i traveled to India and went for stamping when my PP was expiring within couple of months and got VISA stamped successfully and traveled back safely.

    the initial screening officer at Chennai consulate commented with a smile 'you know, your passport is expiring in couple of months'. but the main immi officer didnt mention anything about it. this proves that there is no such law that says, u have to have a PP valid for six months.

    but, when u r applying for a stamping appointment, the system says, 'its recommended to have a PP valid for at least six months'.

    in your case i guess its just travel and no stamping involved and so u r in much better shape.

    but, THIS WAS JUST MY EXPERIENCE. I WOULDN'T RELY ON THIS.

    EVER SINCE I STRONGLY FEEL I WAS SUPER STUPID TO TAKE THAT KIND OF A RISK.
    coz, i found out couple of things after wards :-)

    in SFO consulate i could get PP in less than 7 business days. i guess urs is Chicago, so might not apply for u.

    but, in India u can get new PP very fast under Tatkal scheme. do this,

    be prepared with required dox and stuff before going there, ask ur relative/friend there to talk to local Tatkal officer to make it ready for ur PP renewal, soon as u land in India apply for PP renewal under Tatkal, u will get ur new PP before ur Jet lag is over. this leaves a buffer of ur vacation time, for contingencies.


    finally, what GCCOVET said is absolutely right, u will get I-94 only until the expiry date of old PP. u would need to renew it again. not worth it. luckily i live close to border so i drove and came back to extend my I-94 after getting new PP.



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  • kc_p21
    05-11 09:52 PM
    Thanks for taking time and calling NPR.




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  • Redeye
    08-21 03:21 PM
    Thank you, however I was not expecting it.

    Be nice, give it forward. It easy to be frustrated does not take much, it takes a lot to be nice.

    Njoy life . Buy a corvette. :)


    Thanks, I gave you some green dots for your answers.
    You asked about my age: I will be 40yrs old this December..




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  • felix31
    06-05 10:15 AM
    My last annual H1B extension ritual (8th year) took 10 months. The corresponding H4 extension was approved in 1 month though. No RFEs etc. Go figure :)

    I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..

    :eek: USCIS defies all logic. Good luck to you!!

    We figured if we file h1 and H4 together under premium processing, both cases will be processed as premium (at least that was our previous experience - 3 times in the past).

    H1 (7th yrs) extension was processed within 10 days, my h4 is dragging for almost 3 full months. RFE said that they want to see copy of 7th yr h1 approval...:mad:

    The only good thing is that hubby's I-140 has been recently approved so at least we will have time to recuperate and then file for 3 yrs extension around Christmas.

    And if we are lucky:D Canada PR will arrive before we celebrate our 9yrs in US.

    I do not think we will stick around forever, if CIR does not survive conference...no point in slaving 4 more yrs till our PD becomes current..




    ckarri
    07-27 01:46 PM
    I have a friend who filed is 485 on July 24th and he couldn't file for his spouse who was in india at that time.She is coming back on July 30 and planning to file for her I-485.My friend did not receive any receipt and what does he need to do in order to file for her i-485?

    -Thanks

    contributed $250 so far.




    FinalGC
    10-30 03:46 PM
    I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.

    One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....



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