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  • tinamatthew
    07-20 09:49 AM
    What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)

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  • Jerrome
    11-21 03:31 PM
    you have mentioned that you were traveling from India to USA. So the staff took the i-94 which you NEWLY got after you landed in USA . If that is the case then it is a problem. Consult a lawyer. It is not stolen or lost.It may go to USCIS that you are going out of country.

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  • looivy
    11-21 12:28 AM
    Experts, which is a better location for TCN H1 stamping? Nogales or Ciudad Juarez.

    I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.

    Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?


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    08-24 06:52 PM
    I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
    First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.

    Thanks for ur information.I had 2 more doubts.
    1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
    2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.


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  • transpass
    09-28 12:48 PM
    This is the new thread to mention your rejection reasons.

    Please mention following:

    Rejection date: 09/21/07
    Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
    Package received date: Waiting

    Did u hear anything my friend? I am getting tensed now and crossing fingers......

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  • bodhi_tree
    12-15 10:32 AM
    I have been interviewed a couple of times at a very good stable company and the engineering manger seem to like my skill sets and experience. The issue is the company has no previous experience with H1 visa whatsoever....They haven't said they wont do it..but they are bit edgy in terms of how legally involved it would be...I have a final interview with the HR boss next week and am looking for ideas to quell their H1 anxiety...

    I'd appreciate if some one can point to any websites/documents/ideas...some thing to show the HR guy that its not as complex or involved process and they are perceiving it to be would be great..


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  • vbkris77
    04-13 11:06 PM
    Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA. 8a4

    (b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-

    (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;

    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.

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  • joydiptac
    06-01 04:53 PM
    Just provide the information that they have asked for. They are about to make a decision on your case. i.e. Whether to preadjudicate or not.
    So that when the numbers are available yours will be ready to send the card. :)


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  • pappu
    05-23 08:27 AM
    This question was asked yesterday and I answerd it on another thread. There are several such questions for which USCIS will have to issue a regulation to interpret the law when it passes.

    Please do not start new threads for every comment these days. Its tough to manage threads and it gets confusing. lets stick to CIR discussion and action alert threads these days for any comment and discussions we may want to do on CIR.

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  • Anysia
    02-28 05:40 AM
    One of my friends H1 was denied recently for not having Masters.
    Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
    Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!

    I guess only option at this point to appeal and go back to school and get Masters!

    You are right...the best solution is to go back to school and get masters. I just found out of at least 4 cases with same reason of denial...lack of masters degree. And Im not even applying for a renewal visa, it was a visa transfer. So in a sense I already have a visa and im not an "entry level" therapist. I am going to see another lawyer--(hopefully someone I can trust to handle my case) this monday. Ill keep you posted.

    To Markelli, I dont know how this new ruling will play for you but I suggest you start school now! theres a lot of online courses--accredited ones. Having an approved I-140 might make a difference...Please consult your lawyer now. December is only 10 months away.

    I hope I'll get through this too...I havent applied for GC and since its going to be employment-based, I dont know what will happen in the future. Uncertainties really scares me now. If my case gets fix, ill still get that freaking doctorate degree...ive leanred my lesson.


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  • averagedesi
    09-08 01:21 AM
    When is your infopass appt?

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  • crystal
    07-26 03:40 PM
    In my case ,to avoid the hassels and to have a permanent(?) address in i-485, i took a new lease a month early than what i thought initially . (So I ended up paying rent at two places becase of the July bulletin and USCIS address change horror stories that i heard ) . a thousand dollar clean waste.Another way USCIS helping US economy


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  • vin13
    02-11 09:02 PM
    This petition is asking for a proposal to move ahead in line for the Green Card process. This is not asking for any extra quota. So basically this is not going to reduce the queue. Just give priority to someone who buys a house.

    Am i missing something?

    I just feel we should be asking for more than move up the line.

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  • bkshres
    10-07 01:06 PM

    I recently moved from Ohio to Maryland. But Maryland DMA is saying that they can not issue Maryland driver's license based on my Ohio license BECAUSE my Ohio driver license has "non renewable/non transferable" note in it. In Ohio for all non-immigrant, they give driver's license with "non renewable/non transferable" note. Until someone gets green card, the note will be there in Ohio driver's license.

    Did anyone have similar situation moving from Ohio to different state? This is strange rule in Ohio. but now if I have to get driver's license in Maryland, DMA is saying that I need to start from the beginning like fresh driver starting from driving school, certificates etc etc.

    Please help.



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  • bobbydalal
    08-24 11:49 AM
    Hi there read ur post so u got an interview even when ur priority date is no where current . M i understanding u rite.

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  • veni001
    05-12 04:27 PM
    His position requires Masters Degree

    As long as the employer can start new labor and provide sufficient evidence that his current position is different from original Eb3 labor and require masters, cannot find a qualified&willing US Citizen or Green card holder to work in the position, and pay all expenses related to the new process, he can give a shot!


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  • p_kumar
    07-16 10:08 AM
    If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad: wait a minute! i dont have a house....

    Thats right.i dont have a house, i dont have a life coz i wa waiting for this damn green card...

    my PD Oct 2003, EB3
    I-140 approved like years ago(Atleast seems to me.)

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  • jcrajput
    06-09 12:14 PM
    can anyone please reply?

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  • theMan
    05-24 01:04 PM
    Only last week I saw an article that said something to the effect that " Want US GC, get Masters". At that time, we all laughed at how these reports are compiled and brushed them off as tabloids.
    Unfortunately , this time IV has got the right message and the publicity, but how will an average reader decide which article is saying the truth. People will understand/interpret the news the way their minds wants it to be , regardless of what the absolute truth is.

    Regardless , a step in the positive direction for us

    07-23 12:08 AM
    Did you send them a copy of the approved I-140 and request them to port the PD?
    Also, do you know if your previous I-140 has been withdrawn?


    I feel that those who concurrently filed I-140/485 in July 2007 are very lDcky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.


    01-21 10:08 AM
    Is this predominantly affecting those on consulting jobs?

    Yes, according to this report. They have a law office in India too and handle local cases on the ground.
    According to the article this is a follow up of the 2010 employer-employee memo. Insome cases they are giving the 221g before even reviewing the docs. Strangest things is H4s now have to provide almost as much docs as a H1b - really tough for the married people among you.
    Still reading the article in parts...
    ok 221g is considered visa refusal and has to be notified. how does name check become a refusal.

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