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  • Humhongekamyab
    07-15 02:14 PM
    All,

    Chennai Consulate has released the August appointment schedule on their site.

    http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf


    I got an appointment too.. yahoooooooooo...

    Congrats buddy.

    What is your priority date?




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  • hsd31
    03-17 07:24 AM
    From your post it looks like option 1 is a no-go. You will waste more time and you will have to start back at square one again if the appeal is rejected (which it most likely will, given that the facts are against you). It will be more advisable to re-start the process and go with option 2.

    I will also suggest that you get yourself a new lawyer. You should have never applied in EB-2 given you had a degree dated 2002.




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  • wandmaker
    06-10 01:36 AM
    you better consult a very good attorney rather than asking for someone give you expert opinion.:eek:




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  • rnvd
    10-30 04:41 PM
    Hi rsdang,
    Its not with AdvanceParole. Because i had I-94 mistake in the past. It may reflect in their systems but USCIS already apporoved my H1b.



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  • ItIsNotFunny
    12-02 03:46 PM
    How about you become core member and involve in overall efforts related to lobbying.

    I promote more direct efforts like rally, mails etc than lobbying.

    I never said current core members are not doing their job. I said that lobbying companies may be over charging where we don't have control.




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  • anindya1234
    07-17 10:15 PM
    Bump



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  • TeddyKoochu
    01-06 02:57 PM
    There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.

    USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.




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  • veni001
    02-03 03:53 PM
    thank you veni, that is very informative and solid reference.

    looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?

    BS+5years is equivalent to having an Advanced degree.
    But, I think its BS+5yrs, not BS Equivalent + 5 yrs.

    That's correct.
    Good luck!



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  • unaikax
    01-04 07:15 PM
    I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?




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  • chanduv23
    05-05 08:49 AM
    The info I got is I can not apply for 7th year based on the approved LC I have. But I can apply for 7th year based on the LC pending with PBEC. My problem is that LC applied in Marc 2005, is thr some other employer and I do not have any details of this application. I sent 3 emails to PBEC for screenshot which can be used as proof od pending LC and I can then apply for 7th year extension. But unfortunately I did not get any response from PBEC, I know some people get the response within 2-3 hrs from them????

    Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.

    So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.

    Hope this helps.

    You need to contact your old employer for your L/C application info. If you cannot do that, try contacting their lawyer.



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  • dbevis
    November 9th, 2003, 06:40 AM
    To bad this image got corrupted somehow in the server move....a repost of the full image would sure be great.

    That's really weird. I reattached it and the link works again.

    Don




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  • myeb2gc
    02-24 02:38 PM
    Hi , My 140 is cleared. But my consulting company is smaller. I am in search of job, some marketing companys were asking me to change employer..... confused whether to stick with my employer OR change to a new employer.



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  • chi_shark
    03-11 11:06 AM
    I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
    Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.

    In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?

    i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...




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  • royus77
    07-05 08:40 PM
    I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.


    Getting I 140 approval through FOIA was talked a lot in the other thread . I didnt hear any body claiming they got through .

    one of my friend played a trick with the employer .he went to canada for stamping using his new H1B approval (H1B was approved for 3 years based on the I 140 stamp ) and call employer to send a fax from the embassy . he will do .



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  • desi3933
    01-31 06:39 PM
    hi beuhler....if i understand your reply correctly, you meant that as long as there is proof that your marraige date(marraige certificate) is prior to gc approval notice...there is 6 months to file for the i485 for the wife even though she may be in india at the time of marraige?

    There is no 6 months requirement. PERIOD.

    As long as dependent relationship existed at the time of I-485 approval, she can either file I-485 (if in USA) or can file in home country for immigrant visa (follow to join).

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • ita
    01-23 10:06 AM
    Hi,

    When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)

    They changed the visa fee this year (2008).
    The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
    What can I do now?

    There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )

    What should we do in this case as we are filing online?


    Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
    Will there be any problem in visa approval for parents.

    Thank you.



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  • texanmom
    08-31 12:58 PM
    You guys are all silly! But thanks for the much needed amusement factor! I had a good laugh reading all your posts!




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  • chi_shark
    03-30 09:34 AM
    yawn!

    Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
    When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
    We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
    Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
    So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
    So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.

    sorry for the poor grammar its really late here. thanks for your health.




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  • kpsm88
    11-15 04:46 PM
    ksahmed,

    Can you tell me if the AP was received by your attorney today or by you directly..




    arbhaat
    10-08 08:06 PM
    I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!

    Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?

    i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)

    as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?




    jayleno
    03-11 06:02 PM
    Buddy,

    Are you the same person as the one who posted this? Has someone hijacked your id or your brain?

    http://immigrationvoice.org/forum/showthread.php?p=129163#post129163

    You are asking an employer to do you a favor by sponsoring you a labor certification without a bonafide intent on your part to join the company.
    I am sure you would be willing to pay money to the employer for that.
    Please just get off this immigration boards these are for broad issues not a forum to encourage dubious if not illegal activity.


    This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
    Lets assume the greencard is approved and can it be revoked if i never work for the employer.
    And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.



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