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  • WaitingUnlimited
    09-21 02:31 AM
    I am not an attorney but I was in almost similar situation.

    1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.

    2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved

    3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.

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  • amsgc
    01-31 11:57 PM
    I called the general customer service number - National Customer Service Center (NCSC) at 1-800-375-5283.

    As I mentioned earlier, I did not go through with the options of sending the info. to the US consulate. But I will give it a try tomorrow. I don't know what you can do with that option (PIMS etc), but it is worthwhile to explore.

    At what number did you call? Was it Kentucky Consular Center? Do you mean that we can have our information sent to PIMS system or consulate in India? In other words, does that say anything particularly about PIMS?

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  • mingan
    12-19 12:07 PM
    I got RFE stating that Submit the evidence that the alien obtained the required five years progressive experience in the job offered or the related occupation before, evidence of experience must be in the form of letters from current or former employer giving the name, address and title of the employer and a description of the experience of the alien including specific dates of the employement and specific duties.

    I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.

    Please advise. what are the chances of approval of my case.

    Thanks in advance.

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  • gc_check
    04-29 11:49 AM
    I attached notarized copy of birth certificate, but not to passport as we are also sending the original.


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  • indianabacklog
    02-13 08:30 AM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?


    You can simply use the tuition fees deduction on the front of the 1040 return. It will reduce your adjusted gross income. I have been using it for deducting my sons tuition for three years.

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  • alterego
    09-25 06:55 PM
    This question is arising a lot. It really should be asked of the Q&A session with the immigration lawyer. It clearly is figuring in the thoughts of a lot of members and if she is not sure she can perhaps clarify it through the AILA liason.

    My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.

    I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!


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  • milind70
    08-15 08:34 AM
    and since you applications are not being filed with I-485 you will have to pay the new fee.

    I dont think that is the case please refer to question 37 in FAQ 3.

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  • ranksxy
    12-14 01:44 PM
    geesee_99, listen to Rajiv Khanna's call on Nov 29. You can find it in the recordings section on his website.

    After around 10 mins in this call, he answered a question where a guy said that his 140 and 485 were pending and recently the 140 got rejected. Rajiv told him that he could file another 140 and interfile it with 485 to save his 485. So you might want to consult a lawyer and save your 485.


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  • InMess
    02-22 09:34 AM
    Hi Guys i need some advice/help on my I-140 denial.

    I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.

    So what are my options now

    1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
    2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
    3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
    4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
    5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.

    Thank you all for your advices and help.

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  • little_willy
    09-15 11:49 PM
    �Progress is impossible without change, and those who cannot change their minds cannot change anything.�


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  • ujjvalkoul
    03-05 01:23 PM
    copy of current employment letter and future job offer...Does this has to be with same company...OR...

    Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???

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  • SGP
    09-27 10:43 AM
    Thanks once again for the reply.

    When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?



    Sailing in exact same boat. Surely will appreciate replies from Raj.


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  • loveNpeace
    08-02 10:29 PM
    okay thanks for your replies..let me reiterate my situation.
    I have an Indian passport and I recently got my conditional GC (based on marriage to a USC).I am currently on a holiday in Australia .I got my single entry,3month visit visa to Australia,which was stamped across"Not valid for further travel" at the Sydney airport.

    Now my concern..I need to visit India in Sep and I was wondering if I could leave for India and return to Australia without having to apply for a visit visa again,now that I have my GC.
    Do I need to apply for visitor visa again to enter Australia ,eventhough I have a US GC (which enables anyone travel any country without a visa) and Indian passport.
    Please help answer my question....

    Thank you

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  • kpchal2
    03-17 10:53 PM
    hi desi, even though i did not explicitly state that i want to port it, will it be automatically be ported. it seems like they see that first date as my priority date but i want to confirm it 10 times or more (due to the stuopidity of USCIS) before i jump in excitement.


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  • jayram123
    08-13 02:19 PM
    I filed on my own and I actually flew to Nebraska Svc Center and had it delivered through a messenger at 8.05 am. No updates so far. Checks have not been cashed. I haven't called USCIS since I did not want to burden them.

    Your question has been answered numerous times already but to answer your question, if your lawyer filed the app on your behalf then he would get the notice (based on form G28). If not, you would get it.

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  • arunkotte
    07-10 09:43 PM
    not nessasarly, mine and my friends las names starting with K and M, both are at NSC


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  • Legal
    08-15 08:13 AM
    USCIS is fishing form I485 application pool, in approvable cases, 2006 cases are nearest and an easy catch.

    the more readily reachable boxes are filled with later PDs with a few 2004-5 PDs. The older PD applications are in boxes in storage area. Sounds brutal to those with earlier PDs, but no other rational explanation is forthcoming. This will all work out OK, if they have an accurate estimate of both the pending cases and available GC numbers.

    To top it all there is total disconnect between TSC and NSC.

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    221(g) - Unemployment Wage report [Archive] - Immigration Voice

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  • waitingonlc
    02-13 03:50 PM
    Immigration plan looms in Congress
    By Michelle Mittelstadt
    The Dallas Morning News, February 12, 2006

    Washington -- As mid-term congressional elections draw closer, the window for action in Congress on a complex � and controversial � immigration package grows ever smaller.

    Mindful of that, Senate Majority Leader Bill Frist has told Senate leaders that they must deliver a bill to the floor by March 27, an ambitious deadline for legislation that has yet to be written in committee.

    A bigger hurdle looms: Reconciling sure-to-be competing visions from the House and Senate.

    'Immigration is one of the most controversial issues in American society,' said Stephen Yale-Loehr, who teaches immigration law at Cornell University. 'We all like individual immigrants who live near us and work with us, but we don't like illegal immigration as a whole. And trying to put together a package that will accommodate everyone's interest is very tough, indeed.'

    The topic is fraught with economic, national security, social, diplomatic and political implications.

    Each year, hundreds of thousands of immigrants enter the U.S. illegally, swelling a population now estimated to exceed 11 million. The Southwest border is in crisis in places, overrun by illegal immigration and drug traffickers. There is also the threat that the porous border could serve as a gateway for terrorists. And the legal immigration system is beset by backlogs, problems and rules that vex employers and keep millions of people awaiting approval for green cards to join relatives already here.

    The test for Congress is what to emphasize: enforcement, immigration liberalization or some combination of the two?

    Choosing a direction

    The House took the first crack at the question, passing a stringent enforcement-only bill that would fence more than a third of the 1,952-mile Southwest border, increase fines for employers who hire illegal immigrants, and make it a crime (instead of a civil penalty) to be in the country illegally. The legislation was silent on President Bush's call for a guest worker program that would grant visas for up to six years to millions of undocumented workers.

    The debate now shifts to the Senate, which appears inclined to marry enhanced border security with a temporary worker program.

    But the Senate's solution, particularly if it includes a pathway to legal permanent residence, is sure to set up a collision with the House, where national security hawks have dominated the debate.

    'The big question becomes: Is it even possible for the two houses to reconcile their bills,' said Steven Camarota, research director for the Center for Immigration Studies, which favors reduced immigration. 'If it's not done by May, I can't see it getting done.'

    The divisions may be too pronounced for Congress to act this year, Mr. Yale-Loehr said.

    As the elections near, politicians will become increasingly skittish of taking up an issue that could anger Hispanic and conservative voters alike while also inflaming constituencies as diverse as big business and labor.

    In some ways, it's no surprise that politicians are lurching in radically different directions, with one faction pushing get-tough prescriptions such as ending automatic citizenship to those born here of illegal immigrant parents, while another camp presses to legalize illegal immigrants and permit a stream of newcomers.

    Public divided

    The public is deeply conflicted.

    Polls consistently show that Americans are troubled by illegal immigration and the federal government's failure to enforce the law. But those same polls also detect sympathy for illegal immigrants who work and pay taxes as they scrabble for a piece of the American dream.

    A new Time/SRBI poll offered one snapshot of the public's ambivalence. Though 63 percent of respondents described illegal immigration as a very serious or extremely serious problem and 57 percent endorsed taking 'whatever steps are necessary' to halt migrant crossings, 73 percent favored granting temporary work visas to illegal immigrants already here.

    So, how do policymakers thread the needle?

    'That's the $64 million question,' said Migration Policy Institute senior fellow Doris Meissner, who headed the Immigration and Naturalization Service during the Clinton administration.

    'We definitely have to do something, and sooner than later,' she said. 'But I think that it's really important that this issue and this debate develops and evolves, because if we were to go ahead and enact what's now been passed by the House, it would be a terrible disservice.'

    She, like others critical of the House's enforcement-only approach, contends that any immigration law rewrite must resolve the status of illegal immigrants and provide an outlet for future migrants drawn by jobs or the desire to be reunited with family.

    'Enforcement-only is not going to work,' said Angelo Amador, head of immigration policy for the U.S. Chamber of Commerce.

    The chamber is loosely allied with immigrant-rights groups, religious organizations, labor unions and others who have rallied around a plan by Sens. John McCain, R-Ariz., and Edward Kennedy, D-Mass., that tandems some tougher enforcement with a guest worker plan that would provide a path to legal permanent residence.

    But supporters of the House approach say enforcement must be dealt with first, both at the border and within the country, and by implementing a mandatory employer verification system to check the legal status of would-be hires.

    'A guest worker program would be an absolute disaster with our current enforcement because, of course, it wouldn't be a guest worker program if we can't make them go home,' said Rosemary Jenks, director of government relations for Numbers USA, a group seeking reduced immigration.

    Pollster Sergio Bendixen said that the policy debate has been skewed by the 'echo chamber' of radio talk shows and cable TV programs that fixate on immigration's negatives rather than looking at the whole picture.

    'It has become an emotional issue with emotional buzzwords, and there's very little rationality in the debate,' Mr. Bendixen said. 'Unfortunately, we are close to making it impossible on people who have to get elected' to deal with the issue.

    08-27 04:55 PM
    this is a EB3 case and i'm the primary applicant not my spouse

    05-15 08:06 PM
    I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.

    Did you submit the 485s together or separately.

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