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  • amsgc
    04-08 08:34 PM
    If it's easy enough, please remove "United States" as a choice in the list of countries.

    Then they will pick Afghanistan! :)

    Lets encourage people to make a little bit of effort and update the data to reflect the correct PD and Country of chargeability.





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  • fcres
    08-16 11:02 AM
    I recently visited India in June 07. I didn't wanna go and waste a couple of dayz in chennai so wanted to use ma AP. While returnin I showed ma PP to the Immigration officer, he asked me where ma VISA was. I told him i have an AP and showed it to him.. He wasn't surprized. he just let me get in after stampin a seal on my PP.

    At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.

    Its so simple no problem at all.

    Happy Journey...
    OT.. So are you working on H1 now for the same employer? Just wanted to make sure you can use AP to travel and work on H1 and don't have to use EAD.





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  • lord_labaku
    11-17 12:04 PM
    Yes. layoffs and labor certs dont mix well. esp. if an american or GC holder worker with the same position as u is laid off.

    It does make sense at a labor cert level...but if u look at this long drawn GC process of 6+ years....it is unfair to the potential immigrant as he is seeking GC for future employment. This is when a point based system like Canada does makes sense....even when economy is down...u continue to immigrate people who are still needed because of their critical skills.





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  • moe
    02-11 07:49 AM
    i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
    My question to you .. my lottery case priority date can be use for my eb3 case?



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  • lost_in_migration
    05-15 10:42 AM
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  • GCDelay
    11-30 02:36 PM
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  • kondur_007
    03-29 06:06 PM
    Good; So this is what I understand:

    You are working for employer A. Before the expiry of I 94, you applied for extension with employer A and that extension is still pending.
    After the expiry of I 94 (and pending extension) you applied for employer B, that did get approved but came without attached I 94.

    You are still working for employer A and that extension with employer A is still pending.

    If above facts are correct, you may be fine; however question is, why is your extension with employer A still pending; and what can you do about that. Depending on specifics of your case it may be time to make it premium or simply leave the country and return back on employer B's H1B and work for that employer.
    You still need to talk to a good attorney to see which one of the above options are good for you.

    Good Luck.





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  • s416504
    11-16 01:30 PM
    After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee ??????????

    Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?

    Can any lawyer comment on this situation?


    If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.



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  • vxg
    07-25 05:48 PM
    So, did you have to redo PERM for the manager's position or did your older PERM fly?
    No i did not do PERM i got my labor from BEC after a long two year wait and i happily kept it. I think a lot depends upon how you lawyer and employer handles it. My lawyer says even now i can change job and get promoted if job responsibilities are similar.





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  • indyanguy
    11-14 10:38 AM
    1. Is this because B is the "future" employer? In the usual scenario, if B were the current employer who responds to the RFE, can I switch to C within 6 months of joining B?

    2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?

    At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.



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  • lazycis
    12-21 05:20 PM
    The visa bulletin reads "..Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. "
    Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:

    I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?

    Nothing is confusing here.
    140,000 * 0.07 = 9,800 (EB1+EB2+EB3+EB4+EB5) (28.6% + 28.6% + 28.6% +7.1 % + 7.1 % =100%)
    Are we not high-skilled? :)





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  • Munna Bhai
    07-27 01:02 PM
    The correct answer would be differed on the basis of your current status.
    Are you currently H1 holder or H4 holder?

    what H1 and H4 has to do? Once you start using EAD..your current status has no impact. On EAD, you can do multiple jobs but similiar description.

    -M



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  • bathuzp
    11-11 02:30 PM
    where can i find this free attorney on net and do u have a number that i could call at.





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  • cooldude
    08-05 11:51 AM
    I filed 485 with G28 form and I just got the receipt yesterday.

    Details:
    I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
    Received receipts for both yesterday August 3rd.

    Sit tight and relax, everyone will get theirs.

    I thought your lawyer is supposed to get the receipts if you had filled G-28.



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  • anilsal
    12-21 12:02 AM
    Hi Msyedy,

    Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.

    Thank you,
    pradeep

    Pradeep, can you post your credentials that entitled you to NIW(EB2). Just curious. You have a PhD?





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  • pappu
    12-28 02:23 PM
    NSC Dec 2007 Processing Times says:


    Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?

    If a person is stuck in namecheck, or has an RFE... his/her case in not counted in II485 backlog at that time.



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  • augustus
    04-22 10:31 AM
    My lawyer got the RFE notice yesterday....

    USCIS requesting the following...
    1. Dated letter from employer detailing job duties and position
    2. Your proffered position if different from current one
    3. Date I began employment and current salary
    4. Letter must be signed by executive officer of the company
    5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist

    They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.

    My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

    Please reply with your thoughts.





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  • cox
    April 4th, 2005, 10:07 PM
    Thanks for the suggestions guys, I'll try 'em out. :)





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  • USDream2Dust
    07-27 01:20 PM
    I am liking the answers. Also looks like my PD is sept 2006 and it would be a while before they approve my case. Meaning I can take off for couple of month go on vacation, come back, look for job, find a decent job and start working.

    when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)





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    sukhwinderd
    09-11 10:55 AM
    i am not sure if my lawyer has the receipts. my case was sent on 6.29.2007 and received on july 2nd.
    i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
    from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.



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