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  • silvinhaphn
    05-05 02:40 PM
    sorry i forgot to say the date... The approval was on April 27th, and today May 05th I haven't got either the letter or the card.

    Do they come together or there is something wrong for the fact not even my approval letter have came yet?

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  • EkAurAaya
    04-16 01:31 PM
    This is precisely why my Lawyer (amongst the top) advised to maintain H1B (so keep filing for extensions).
    If your H1 expires and you are here based on AOS 485 > and for some reason 485 gets rejected you are out of status.

    Good luck!

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  • EndRetro
    04-19 09:27 PM
    I would advise against going outside of your district to apply.

    If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.

    Why would you want to risk that?

    Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.

    I have an AP (through my wife company GC petition), worst case I will use it.

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  • cygent
    07-02 04:43 PM
    You cannot sue them for any of the above.
    3) See (2)


    I see your point in 1) Ok, I will agree with that. My mistake.

    But from 2) it is very clear injustice. You just mentioned that they made a "choice" not to burn unused visa's, well then that choice obviously excluded the rest of the field, in terms of the rules. Of course, they have the excuse of backlog + 2007 visagate, but that does not redeem their actions. The root cause is because of how the laws were crafted.

    Similar argument for 3) - They must be held accountable.


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  • pa_arora
    07-25 05:38 PM
    This sounds like 'Tum mujhe Khoon do main tumhain azadi(GC) dunga'

    Pardon me for using Hindi guys.. this was a famous saying by one of the India's GREAT freedom fighters which means..'Shed ur blood for freedom.'

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  • ImmigrationAnswerMan
    09-14 12:23 PM
    1) Any time someone takes a trip outside the US for longer than a year they are taking some risk that CBP will determine that they have abandoned their permanent residence. It would probably be OK, but there is no guarantee. If someone is taking a trip for longer than one year they must get a travel permit.

    2) Anyone who travels abroad on a trip lasting more than a year must reside in the US 4 years and a day from they date they return to the US before they are eligible to apply for naturalization (2 years and a day if applying as the spouse of a US citizen). This is true even if you have a Travel Permit. However if they have been living in the US for 365 days without leaving the US after getting the green card then they may be eligible to apply to maintain their residence in the US even through trips abroad that last longer than 365 days.

    ** This information is of a general nature and should not be relied upon without first consulting an immigration law attorney. This information is not intended to create an attorney-client relationship.


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  • a_yaja
    01-22 01:35 PM

    Here is my situation.

    - I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)

    - I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.

    - Now I cant go back to US to file my 485. My company is still offering to help me on my GC.

    I'm still reeling from the shock of my H1B denial. What are my options now?

    Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?

    Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?

    Can anyone point me to some online materials detailing CP.

    Thanks in advance.

    Why don't you try to apply for the H1B visa again in India?

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  • snhn
    08-30 12:09 PM
    questin in regards to the topic here. What are the salary requirements for job for Eb2 category. Does one need to be making that much while on H1b or once he has green card.



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  • insbaby
    10-01 01:38 AM
    Hello All, Pardon me if I'm bringing up the question that's already been answered, but couldn't find any answer anywhere in the forum.

    I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.

    Does InfoPass come to any help here?

    Please suggest.

    Mostly the FP's are schedule on the same day within few hours apart. So call lawer office make sure that they recieved but not forwarded to you. It happens because every law firm are receiving and processing tons and tons of receipt notices since last month. OR call the ASC and check the appointement on the same day with your Receipt Number.

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  • Sachin_Stock
    02-03 10:37 AM
    I don't know! but if you think sth is not right in that article we can discuss.

    Defensive post :)

    What makes you think I am suspecting the content in that article? ;)


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  • SR2610
    07-12 02:25 PM
    I got different answers from Khanna and Murthy.

    Khanna office saying we can apply for 485 with old priority date(140 will be approved with new pritority date), murthy office said it's better to get 140 approval with old priority date and then go for 485.

    check with your attorney.

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  • gimme_GC2006
    08-10 09:01 AM
    It takes about 1 to 2 weeks for the information from FBI to be tied to your case. So when your SR was raised, the inormation might not have been available yet.

    So, if you do not get greened by end of this month, raise another SR request or take an Infopass.

    Are you sure that it takes about 1 or 2 weeks? I have seen in this forum people getting approved few days after finger prints?

    Just trying to understand, if it is a fact or gut feel


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  • willigetgc?
    10-11 09:18 AM
    Stop watching for VB and start meeting with your Senators!

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  • thokar
    08-19 12:03 AM
    I think depends on how many ears old your priority date is? I mean if your priority date is letz say 5 years old and today you are joining / getting promote to manager then yes you can. Every one know as time goes any skilled person will get promote or get into higher level...
    But there is a IF clouse here... the new company should willing to give a letter saying that you have same similar job and also YOU HAVE ADDITIONAL RESPONSIBILITIES as specified in your exp'e letter....

    Hope you got.. as long as company willing to give you exp'e letter with responsbilites then you are cover... in adition to that you got to have good Immigration attorney too...



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  • dhesha
    08-28 02:07 PM
    IV member Venkat80 posted this mail but has removed it for some reason.

    For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..

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  • kishdam
    01-08 12:41 PM
    Do we need photo copies (about originals - having original labor is not possible it would have been submitted with I140; most employer keep the original I140 as well). Some companies dont provide copies of labor or I140.

    Is it risky to change jobs and invoke AC21 in this situation? (This is the scenario: labor, I140 is approved. I485 is pending for six+ months. EAD and AP are approved and are with cadidate; have six months pay stubs/tax info to prove that have been original labor sponsored employer for six months after filing I485).



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  • jayZinDC
    05-30 03:07 PM
    Is it the receipt number, where did you check it??

    yes, put in u'r receipt # here, it usually takes 24 hrs for online status to show up

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    04-15 02:22 PM
    Thanks all for the timely response. I had e-filed with taxact and will need to mail 8453-OL once the return is accepted.

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  • kondur_007
    10-16 04:29 PM
    Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
    For AC21 I think I will need to match following:

    1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.

    2. Start date/salary/position title

    3. Any Benefits if provided.

    Do I need any document from sposerer employer? Do I need anything else?
    Thank you and I appriciate your help.

    You are welcome.

    If you do decide to file AC 21 papers with USCIS; please, please take the help of a good lawyer!
    The lawyer usually send the cover letter justifying the "same or similar job" salary, location etc. This also depends a lot on what is in original PERM.
    Good lawyer will also draft the letter you will need from new employer. sometimes this may require to be less specific. (details are veriable). But it needs to be a "permanent job offer".

    Good Luck.

    01-21 02:12 PM
    Dear IV Friends,

    Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.

    Please help if someone has any idea about the time taken to withdraw a PERM application.

    Thank you,

    10-08 04:40 PM
    Visa Bulletin for November 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5172.html)

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