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  #1 (permalink)  
Old 07-03-2008, 11:24 AM
Administrator
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
05/06/2006
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Default FREE answers to questions from an Immigration Lawyer

Dear IV members,

We are starting this Free service for all our members. IV members can ask Immigration questions to an immigration lawyer. the immigration lawyer will be regularly visiting this thread and our forums to answer questions. The aim of this feature is to allow our IV members access to information and for free. IV is not getting paid by this lawyer or is paying this lawyer. Our intent is to help our community as much as possible.

The immigration lawyer has kindly accepted to help our community for free without even demanding any publicity for the lawfirm. Thus we have decided to keep the identity of the lawfirm hidden for the time being.

The lawyer will visit this thread and answer questions from our members. Preference will be given to active members and members whose profile information is complete. This service will be expanded further in future. Monthly subscriber members can choose to get phone consultation and immigration paperwork done by this lawyer at a discounted price. If you are a monthly subscriber, and want legal services, you can contact IV with a proof of your subscription and we will have you get in touch with the lawyer.

You can post on this thread all your immigration questions.


By posting on these forums or reviewing a post of any question or answer, you agree that you have read and understand the following disclaimer:

The information provided on these forums as well as any transcripts posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during these forum post exchanges, . You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided in any post was pertinent at the time of the posting, but may become outdated. We are not responsible in any way for any outdated materials or any post from the attorney.The service is provided on IV by an IV member who is also a lawyer. It is not legal advice but only for information, and no attorney-client or confidential relationship should be formed by use of these forums. This is in no way an endorsement by IV of this lawyer and IV takes no responsibilty if there are any issues that arise from the answers. By posting on this thread, you also agree with the terms and conditions of this website.

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Last edited by pappu; 07-03-2008 at 12:02 PM.
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  #2 (permalink)  
Old 07-03-2008, 11:40 AM
Senior Member
Priority Date
:
Oct-05
Category
:
EB3
I140 Mailed Date
:
11/05/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
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Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts
Default Studies in India

My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
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  #3 (permalink)  
Old 07-03-2008, 11:43 AM
Senior Member
Priority Date
:
Dec-04
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:
EB3
I140 Mailed Date
:
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:
India
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:
I-140
I485 Mailed Date
:
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Posts: 452
indyanguy has a spectacular aura about indyanguy has a spectacular aura about indyanguy has a spectacular aura about
Default H1 extension & Multiple 140s

My case details:

Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010

I140/I485 concurrently applied on July 07

Currently have EB3 I-140 filed based on Substitute Labor at NSC.

Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. Can I file for a new EB2 PERM at that time and get an extension based on that (H1 6 year ending term < 365 days at that time)?
3. As a backup, can I apply for EB2 PERM NOW for a different position from the same company? How will it affect my pending EB3-140?

Thanks in advance
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  #4 (permalink)  
Old 07-03-2008, 12:11 PM
Member
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:
United Kingdom
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Default Job code mess up

Deleted personal info as "Question was never answered"

Last edited by AllVNeedGcPc; 07-16-2008 at 10:50 AM. Reason: Question was never answered
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  #5 (permalink)  
Old 07-03-2008, 12:54 PM
Junior Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
01/01/2007
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:
India
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:
I-485
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:
07/02/2007
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Posts: 4
jeet is on a distinguished road
Default status question during AOS

I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.

My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
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  #6 (permalink)  
Old 07-03-2008, 12:56 PM
Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
05/04/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: Apr 2007
Posts: 40
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Default is CP an option after AOS is denied?

I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?

If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?
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Last edited by sumagiri; 07-07-2008 at 01:14 PM.
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  #7 (permalink)  
Old 07-03-2008, 01:50 PM
Member
Priority Date
:
Jan-07
Category
:
EB2
I140 Mailed Date
:
07-02-2007
Chargeability
:
India
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:
I-140+I-485
I485 Mailed Date
:
07-02-2007
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Posts: 47
IV2007 will become famous soon enough IV2007 will become famous soon enough
Question Documentation for AC21

I don't have any documents/reciepts related to I-140.

Recently my company attorney told my I-140 is approved. However he is not ready to provide any further details.

In such a scenario, can I do AC21 (assuming the risks) ? If so what documentation would I need to provide to my joining company/attorney/USCIS ?
__________________
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IV2007
Labor Approved - 01/07
I-485,EAD,AP - Filed Concurrently (NSC)
RD: 07/02/07 & ND: FP Date : 09/26/07
EAD/AP: Approved
Join today @ Michigan IV Chapter: http://groups.google.com/group/michigan4iv?hl=en
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  #8 (permalink)  
Old 07-03-2008, 02:15 PM
Junior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
11/24/2007
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/24/2007
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Posts: 24
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Default H1B 7th Year extension when I-140 is pending

I am in the 6th year of H1B. 6 year term expires in March 5, 2009.

My Company filed LC in June 2008.

Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.

Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.

In which cases 7th Year extension will be rejected.
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  #9 (permalink)  
Old 07-03-2008, 02:43 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
12/09/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/15/2007
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Posts: 433
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gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold
Unhappy pims delay in chennai

This is a question to the attorney.

There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.

Some members had said it takes anywhere between 10 days to more than a month or so.

Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.

Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.

Last edited by gcdreamer05; 07-03-2008 at 02:48 PM. Reason: added more info about my specific case
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  #10 (permalink)  
Old 07-03-2008, 02:56 PM
Member
Priority Date
:
Feb-07
Category
:
EB2
I140 Mailed Date
:
07/11/2007
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/14/2007
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Posts: 25
ss2005 has a little shameless behaviour in the past
Default Name Split Issue

Hi,

My wife's first name is blank in Passport and we have her anme as "FNU Last Name" in passport, H4/I-94, EAD, 485 forms. Basically her last name is now Last Name + First name.

I was learnt that we need to split the name and get a new passport.

My question is, how can we change on 485 document?
Do I need to take infopass appointment after getting new passport? or Do I need to write a letter to USCIS about name split. or we have to live like this till we get GC?

Please help me.

Thanks
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  #11 (permalink)  
Old 07-03-2008, 02:57 PM
Donor
Priority Date
:
Jun-03
Category
:
EB3
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Jan 2006
Posts: 195
virtual55 has a reputation beyond repute virtual55 has a reputation beyond repute virtual55 has a reputation beyond repute virtual55 has a reputation beyond repute virtual55 has a reputation beyond repute virtual55 has a reputation beyond repute virtual55 has a reputation beyond repute virtual55 has a reputation beyond repute virtual55 has a reputation beyond repute virtual55 has a reputation beyond repute virtual55 has a reputation beyond repute
Default Fees for EAD renewal

I applied for EAD paying old fees in Jul 2007, and I renewed with new fees this year in Jun 2008, would like know if I need to pay renewal fees again when I renew my EAD in Jun 2009.
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  #12 (permalink)  
Old 07-03-2008, 03:48 PM
Senior Member
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:
N/A
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:
N/A
I140 Mailed Date
:
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:
India
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:
N/A
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:
07/03/2007
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Posts: 386
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Default

Quote:
Originally Posted by virtual55 View Post
I applied for EAD paying old fees in Jul 2007, and I renewed with new fees this year in Jun 2008, would like know if I need to pay renewal fees again when I renew my EAD in Jun 2009.
Brother for this type of questions it is better if you can read the Instructions.

Thanks
MC
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  #13 (permalink)  
Old 07-03-2008, 05:25 PM
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kris101 is on a distinguished road
Default H1B Transfer Urgent with paystub more than 30 days

Hi Forum,

I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?

Any response in this regard will be highly appreciated.
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  #14 (permalink)  
Old 07-03-2008, 06:04 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
11/01/2006
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
07/01/2007
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Join Date: Mar 2007
Posts: 157
deba is a jewel in the rough deba is a jewel in the rough deba is a jewel in the rough deba is a jewel in the rough
Default

I am India EB2. Labor cleared 2 years back, I140 cleared more than 1.5 years back and I485 pending for more than a year. Have EAD and AP.
Currently continuing under same employer with I797 valid till Dec/2008. I will complete 6 years of H1 in Dec.
I would like to change to a new employer with a new H1.
I believe I am eligible for a 3 year extension based on above conditions.
My question: After I get a new H1 and invoke AC21, but supposing old employer withdraws I140, what happens to the new H1?
Since it is to be issued for 3 years based on labor/I140 cleared etc., what will be the situation if the underlying I140 is withdrawn by original sponsoring employer?
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  #15 (permalink)  
Old 07-03-2008, 06:20 PM
Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
12/17/2008
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 81
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Default Do I get 3 year extension using previous employer's i140?

I am an Indian citizen working in USA as a Software Engineer since June 2003. I have an approved i140 (EB2, PD - Nov 2005) from my previous employer. My 2nd H1B is getting over in June 2009. My current employer has not yet filed PERM application for me. I was wondering, if I will be able to get 3 year extension based on i140 from previous employer once 6 years of H1B are over in June next year? I know that my old employer has not revoked my i140 neither anyone else used it.

Also what happens if Nov 2005 date becomes current before I filed for H1B extension using i140 ie can I still get extension using this i140?

Thanks.
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