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  • morchu
    04-21 02:45 PM
    Try to be "truthful" in the "intent".

    You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so.

    If they see a chance of "fraud" intention, USCIS may call you for interview and if they were able to interpret your intentions as fraud, it is going to be really costly.

    Also you need full support from your employer, and might need to show that the offered "permanent position as mentioned in LC" exists at the time of 485 filing.

    -Morchu

    [QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.

    what kind of evidence you need to provide to show the intention that you will move back to the original location!





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  • desi3933
    06-25 10:41 AM
    D...3933,

    A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?

    .....

    http://immigrationvoice.org/forum/725808-post105.html


    .





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  • Alien
    02-09 11:22 PM
    Is Canada an option? Its a safe bet to get it stamped in Canada.You will get your passport back the same day or the next. You shouldnt have any problem related to transit visa as long as you stay inside the airport.Check with the respective consulates.





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  • trueguy
    03-06 01:10 PM
    Both are very good point. May be we should send it directly to Obama office and request him to consider.

    Can we have a letter that everybody can send out. I am sure sending thousands of letters will have more impact.

    Thanks.



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  • nashim
    04-07 02:55 PM
    thanks gcisadawg,





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  • joydiptac
    05-26 01:50 PM
    This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.

    Thanks Saikat, for pointing out some potential pitfalls.
    I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.

    One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)

    Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :

    1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.

    2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
    Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.

    HTH



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  • nrakkati
    08-15 12:32 PM
    Great.. please contribute to DC rally in anyway you can.

    Will do my very best to attend and will encourage others to attend too. I know this is important to me like you and everyone else here and Thanks for what you are doing to community.





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  • TeddyKoochu
    06-25 02:21 PM
    Hi Gurus / Attorneys,

    I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.

    Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
    Client was reluctant to give the letter and my H1B got denied.

    Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:

    My Options :

    1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.

    2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)

    I own a home here and now leaving everything in a week is making me worried.

    Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.

    Thanks in advance for all your help and suggestions !!

    I think your best bet is to expedite all documents suggested by Pbuckeye, If its a direct client then your employer must have all of MSA/SOW/PO, they should have been sent at the first place or atleast at RFE time. Also if possible try to capture some of your timesheets and work emails; I know some people have used this as evidence. You may also provide the contact details of your manager like phone / email, I have seen instances that when the letter has not been provided USCIS has contacted the manager and all they have to confirm is that you work with them and how long tentatively in the future (This can be counterproductive as well if the response is cold). Iam not sure but if your H1B extension is denied and you have filed a MTR whether you can work legally assuming I94 expired, please check this with your attorney.

    With your PD you are atleast 3-4 years from filing 485, worst case if you have to go back you can convert to CP assuming the future job offer from the petitioning company is valid. It’s a very sad situation I hope that your MTR gets approved, all the best.



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  • piyu7444
    05-06 03:05 AM
    Folks,

    I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.

    Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.

    On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?

    To get an answer just visit this thread

    http://immigrationvoice.org/forum/showthread.php?p=339084#post339084





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  • freedom_fighter
    01-27 10:52 AM
    Congrats! Enjoy the freedom.

    i'm not going anywhere and would like to contribute in what ever way possible to address our cause.



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  • paskal
    07-20 08:33 PM
    a link that says 485 filing needs tax returns.
    please see the official instructions with the 485 form and note what is actually asked for- it's not much- and no W2 or tax returns are mentioned.





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  • amdee
    09-22 02:14 PM
    I asked 6 other H1B ppl today to register to this site.

    Hi all,

    Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
    Time: Sooner the better. Keep a goal to take a week to bring one new member.

    Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.

    No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!

    Thanks



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  • loudobbs
    10-09 05:40 PM
    This is very useful information. So it is the Job Classification code that is important right??



    I agree - the post is a little erroneous. I'll try change it.
    Cant change the thread title ... Sorry





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  • whyregisteration
    12-19 08:39 PM
    Thanks to lazycis for his/her kind information about mutiple 485

    My pending 485 based on approved NIW140 is sleeping at SRC, but EB1-140 was approved in NSC, my living region belongs to NSC, therefore should I submit a relink request to NSC:confused: Any idea? thanks in advance.

    Merry Christmas and Happy New Year to all experts here :):)



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  • BharatPremi
    10-13 02:45 AM
    Hi Guys,

    I Fedex my 485 package on July, 11th and it got reached to USCIS on July, 12 (I have the acknolegement) but still did not receive the receipt number. I am seeing who filed after me started getting receipt numbers.

    I am kind of concerned about it as I did not see any movement in my case.

    Any inputs Or wondering if anybody else facing similar situation??????

    Appreciate your inputs.

    Thanks,

    M

    1) Call USCIS
    2) INofrm that you filed 90 days before.





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  • eb3retro
    09-14 03:50 PM
    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.

    frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.



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  • zephyrr
    03-20 10:51 PM
    what happens when the I-140 is not approved, if one uses AC21 after 180 days of concurrent filing of I-140 and 485, does a withdrawl by the employer affect anything?

    Read the Yates memo...After 180 days of I485 pending, the employer's revocation of I140 has not effect on the GC application. But I know a few cases where this was an issue, so make sure you are armed with proof like pay stubs, employment letter et al.





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  • aroranuj
    11-24 10:12 PM
    I am in the same boat....TSC denied my I-140. My attorney has said that you can file an appeal (in your case in the EB2 category) at the same time you can also file for a new I-140 in a different category. Your best bet is to possibly file in the EB3 Category & wait for the appeal take its time at AAO. In the end if they do deny the appeal you can still file a new I-140 in the EB2 category.

    Let us know what reccomendations your attorney provides you.

    Good luck!





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  • mirage
    03-12 09:46 AM
    This is one of the most hilarious thing I heard in months, thought I'll share....
    --------------------------------------------------

    It was the first day of a school in USA and a new Indian student named Chandrasekhar Subramanian entered the fourth grade.

    The teacher said,

    "Let's begin by reviewing some American History. Who said 'Give me Liberty or give me Death'?"

    She saw a sea of blank faces, except for Chandrasekhar, who had his hand up: 'Patrick Henry, 1775' he said.

    'Very good!'

    Who said 'Government of the People, by the People, for the People, shall not perish from the Earth?'

    Again, no response except from Chandrasekhar. 'Abraham Lincoln, 1863' said Chandrasekhar.

    The teacher snapped at the class, 'Class, you should be ashamed. Chandrasekhar, who is new to our country, knows more
    about its history than you do.'

    She heard a loud whisper: 'Fuck the Indians,'

    'Who said that?' she demanded. Chandrasekhar put his hand up. 'General Custer, 1862.'

    At that point, a student in the back said, 'I'm gonna puke.'

    The teacher glares around and asks 'All right! Now, who said that?'

    Again, Chandrasekhar says, 'George Bush to the Japanese Prime Minister, 1991.'

    Now furious, another student yells, 'Oh yeah? Suck this!' Chandrasekhar jumps out of his chair waving his hand
    and shouts to the teacher , 'Bill Clinton, to Monica Lewinsky, 1997!'

    Now with almost mob hysteria someone said 'You little shit. If you say anything else, I'll kill you.'

    Chandrasekhar frantically yells at the top of his voice, Michael 'Jackson to the child witnesses testifying against him- 2004.'

    The teacher fainted..

    And as the class gathered around the teacher on the floor, someone said, 'Oh shit, we're screwed!'

    And Chandrasekhar whispered quietly, "the Republicans, November 4th, 2008".





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    Leo07
    12-03 04:44 PM
    DREAM ACT is very much a moral issue. Doing the right thing for innocent kids, who had no say in their fate until this date. All must support DREAM with heart & soul.

    While doing "Right" thing, we must be very careful to NOT penalize the people who are legally standing in line. These Legal immigrants and their kids who had already waited 10 years in line could become illegal any day.These kids who are here legally will need another DREAM act 2 or 3 years from now. ONLY RECAPTURE can save the "Right" thing from being the true Right or justice for ALL.

    Why do we need Recapture more than DREAM ACT or with DREAM ACT?

    What makes recapture an important issue as mush as DREAM ACT issue?

    Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.

    I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?



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