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  • aps
    01-07 10:09 AM
    can you please explain little more? what is meant by after invoking, is it AC21?

    If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
    thanks in advance.





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  • acecupid
    04-14 10:10 AM
    One of my collegues who works for the same company and has the same priority date as myself (March, 05 EB3 ) got his GC last year. Thats the only person I know personally who got his GC out of turn. I havent heard of any other cases, so I am guessing its a pretty rare occurance.





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  • chanduv23
    10-09 10:35 AM
    ^^^^^^^^^^^^





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  • waitforevergc
    09-04 02:05 PM
    People:

    Please pray that EB2I becomes 2008 :)

    I desperately want to file for i-485 and get EAD since my job is in shaky ground.

    Please pray for me folks.



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  • gc_kaavaali
    11-14 04:09 PM
    somebody gave red mark...what happened???





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  • jambapamba
    07-05 12:53 PM
    I think so too. They were sh*t scared on the number of apps they were going to receive. And just when they were increasing fees and wanting to show how their performance was going to improve, it became current. It would have been a bad rap for them and fee increase would not have been justifiable.

    It is mostly be cause they wanted to teach a lesson to DOS for opening the floodgates. Also, backlogs are one key performance indicator for USCIS and is reported to congress. If 100k, plus people apply right away and another 300k in next couple of months, it would look bad on their records.



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  • makemygc
    07-18 11:37 PM
    Check with this:

    If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?

    If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.

    As far as I remember there was case with one of the IV member whose EAD/AP checks got cashed although he filed on July 2nd. He was the only case of its type and I remember someone from the core clarifying that Aman or pappu helped that guy file his 485 case but his EAD was filed separately. I'm not sure how they manage to do that.
    You may want to PM pappu or logiclife for that.





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  • frostrated
    08-10 08:45 AM
    Friends

    This is my situation

    My I 140 approved, my status is F1 COS to H1 B
    My wife situation, B1 (Visitor) COS to H4.

    Now we r planning to change my wife status from H4 TO F1.

    Can anyone with their experience suggest How complicated is my Case!!!!
    Can we file COS by ourself or do you suggest to Hire an Attorney.

    Pl advice

    Thanks

    It is very easy and do not need a lawyer.
    First get admission into a school and then provide your H4 documents and a letter stating that you do not intend to reside in the US post-completion of your education and that you want to return to your country.

    The school will then send your documents to the USCIS for a COS from H4 to F1.
    How do I know this? Coz I went thru this.

    But remember, do not file your 485 as long as your wife is in school. Coz if you go on to an EAD status, it will be very difficult to convert your F1 spouse to EAD. Since you are EB3 wait until your wife completes her education, and either gets a H1 or H4 prior to submitting 485.



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  • deba
    07-18 12:42 PM
    You are deemed to have lost Canadian PR if you have not fulfilled the 2 out of 5 years residency requirement. The issue may not affect you immediately, but will come up in case you decide to renew your PR card after 5 years. You will be asked to detail your Canadian residency for the past 5 years in your application. Note that this is only a requirement for the plastic card, not the landing paper: which is the proof of granting of PR. The plastic card is required for any travel back to Canada except for road travel from the US. Once your 5 year validity for the PR card has expired, it is upto the border official on the Canadian side to decide whether to let you in without a valid PR card. However, with a US GC you do not need any visa/permit to visit Canada and can safely let your residency requirement lapse automatically if you have not met the 2/5 Canadian residency requirement.





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  • arpu31
    11-17 01:03 PM
    I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.

    Thx

    Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?

    Arpu



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  • GotGC??
    03-27 12:03 PM
    And this "attorney" was actually paid for filing this PERM application?

    The educational requirements specified in the PERM may give you some room to wriggle out of this.

    I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

    My questions are:
    1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
    2. Can I continue the case since I already got my Labor Certificate?

    I appreciate your feedback. Thank you.





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  • solaris27
    03-20 10:04 AM
    no diffrence in selling a house on H1b or EAD



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  • eb3_nepa
    07-20 04:50 PM
    But my question is can you have BOTH of them. Some say you can have 2 H1s at the same time for different companies, so hence my question was, can you have an H1 and an L1 at the same time.

    Biju, whom did you ask, an immigration attorney or just on forums?





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  • small2006
    07-22 06:18 PM
    Yesterday, I received one more appointment notice for a different day (one day after the original appointment). This is in addition to the appointment notice that I had received earlier.

    Has this happened to anybody before? Is it just a mistake on the part of USCIS? I am planning on going there as per the first notice.

    Any ideas from anybody?



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  • thomachan72
    11-10 02:47 PM
    Never heard of this before. Wouldn't know what to do either. Can you call them and ask? or send an email? what does your attorney say? Was an educational evaluation done on this?





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  • backtoschool
    12-28 08:10 AM
    All the gurus on this forum,
    I have this questions and I have feeling some of you are considering doijng this;;;;

    My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
    As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from europe for classes starting 2007.
    IF my employer gives me Pesonal Leave of Abscene for one year....without pay
    can I take off for studies without impacting the GCprocess?

    Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

    I would love to connect to anyone who is similar situation......

    PLEASE respond
    :(



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  • ImmigrationAnswerMan
    06-29 10:35 PM
    The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.

    If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.

    My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.





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  • hpandey
    07-08 11:25 AM
    There is also a possibility that in future you marry a person who is already here .. maybe on H1 or GC or a citizen . Since you are already going through a divorce I am sure if you marry again you would want to meet and understand your next future spouse thoroughly before marrying .

    I can understand your situation . My personal advise is take it as it comes. Get the current situation over with first . As for your questions it has already been answered above.





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  • ilovestirfries
    07-06 10:28 AM
    I thought that Kaiser was only for Western States. Is it there for other places also?

    A little peek into Kaiser's website will help you a long way in answering your basic questions...

    Here is the info. about their locations,

    http://members.kaiserpermanente.org/kpweb/toc.do?theme=locate_members

    Here is their website, where you can do "SEARCH" before you ask any kind of basic questions,

    http://www.kaiserpermanente.org/





    IVFOREVER
    03-27 03:49 PM
    I will also agree with you "To be positive". But being realistically positive is good and avoids disappointment at the end of the day.
    :D:D:D





    alisa
    03-26 11:10 PM
    I was reading up on gift tax. Normally, it is the donor (the person giving the gift) that pays the gift tax (if at all.)

    What if your family (who lives outside the USA, and does not have greencard/citizenship) sends you some money, in excess of $12k.
    Now, they don't file US taxes, so they don't pay any gift tax.

    And this is not declared as an income in your income tax statement.

    Do we have to pay any kind of gift tax or anything on it?
    Do we have to declare it anywhere?



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