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  • Its kinda sad, but I can relate with both the sides here. For folks who are stuck in the stupid AAP (NameCheck, Security Clearance) - the life is harsh - especially if you just came for a quick trip. I am dealing with it for the last 5.5 months and it hasn't been easy. Thankfully, we have a workaround.

    But yes, I do agree that missing a lifetime wedding of a sibling because you will get stuck for a few months is perhaps taking it too far. Now, I know folks who have/are doing this and they have valid reasons. We all have our own reasons and to each his /her own.

    If you can get Advance Parole then travel with it. If you cannot, then just be prepared for the long haul and prepare your company/client - lawyer and ensure there is a support system that will see through your obligations in States. US Govt. will eventually clear the Visa - the sibling may not necessarily marry again! :) Make your choice! Good Luck and do the right thing for you!!!





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  • Voters: 89
    freeskier89

    Suspicious. :P

    Anyways, yay. haha!! This poll was rigged from the start! :P Just kidding of course. Congrats everyone





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  • i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.

    i dont trust everything wat lawyers say.so can anybody help me out with this issue.





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  • Wow! Thank you everyone for your input!

    So how does one surrender a Green Card abroad - do they have to go to a US Consular Office/Embassy?

    Yes, my dad took his expired GC to the Chennai Consulate when he went for his visitor's visa stamping and let the first level screening officer know that he has this document - she then made a note of it (I think) and asked my dad to hand it over the VO during the interview. When my dad handed it to the VO - he was looking and gazing at it for a while and then took it inside and had a small discussion with a couple of people and then filled out a form and had a notary notorize it and asked my dad to fill out the form and gave my dad a copy and then put it in an envelope and attached this to my dad's visitor's visa file.





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  • Starting EB2 process will be the same as EB3 process. Your company should have a position open that requires atleast Masters degree or Bachelor + 5 years experience. They'll have to go through recruitment process and document that no US citizen or PR was available to fill the position and then file PERM.

    Your EB3 applicaiton will not be affected by this new application.

    The whole process upto I-140 may cost $10k-15k





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  • I saw your profile. You are from Nepal.

    As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).

    Your priority date is current.
    I hope that they must have sent for Name Check long ago - this should not be blocking.
    What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.

    For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at




    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC















    thanks but my RD is july 2nd 2007 taxes service center





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  • How can we be sure unless we ask them?

    Deepak Chopra is a medical doctor, so pretty sure he would have used EB immigration.. you think he was family based?

    Sabeer Bhatia is from BITS.. he studied here.. so I guess that would have been F1 first then started working here.

    I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
    Thanks.





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  • Hi PVGanesh,

    Establishing that one has had "five years of progressively responsible experience" is really more of an art than a science. Small details in wording or in context can sometimes be critical in painting an overall picture.

    Remember that the USCIS adjudicator is not likely to be as tech savy as you are. While you may know that WXY technology is the same as, or includes XYZ technology, don't assume that the adjudicator will. Make sure everything is explained and documeted in easily understood layman's terms.

    Similarly, if you worked for a small firm as a "Senior Systems Analyst" and then moved to a more responsible/demandining position in a larger firm where your title was "Systems Analyst", provide a clear and well documented explanation as to why the move represents represents career progress despite the lesser job title.

    Whether or not to include your Certificates is a judgment call that can only be made after reviewing all of the experience documents in relation to the specific PERM requirements.

    Hope this helps,

    Ann





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  • Nice to know and good luck to all of you. Hope it helps.





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  • I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.

    1> Very good school district
    2> Low property tax
    3> Very low crime rate
    4> Rental value should be same as mortgage amount+insurance+PMI+property tax
    5> Property values should be in 300K range max
    6> Lot of Indians
    9> Maximum distance to DC should not exceed 30 miles
    10> Close to shopping places





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  • has anyone heard about the following? don't quite know where it is originally coming from. it's from here (http://www.greencardapply.com/news/news09/news09_0210.htm)

    2/10/2009

    When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.

    Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.

    The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.

    u sound like a desperate desi BS.





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  • I agree .. I missed the 2.5 people per application, which does make sense.
    The 245i sounds like an unknown .. since I have no idea how many visa will go from eb3 for 245i. Or for that matter even for EB2

    This could be a dumb question .. but any idea . when I can get my GC for EB3 .. July 2002 priority date?

    Thanks





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  • Hello,

    My wife is planning to convert from H4 to H1 for dentist.

    1) Does she need a dental license to apply for H1 ?
    She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here

    2) I did some googling and found that UCSIS issues H1 for 1 year for nurses who do not have license(because of no SSN). Would this apply to dentists as well ?? link (http://www.murthy.com/nurse_faq.html#2)

    Please help !

    Thanks !!





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  • H1B and 485 are two different processes. H1B extension has nothing to do with your 485 filing. If the priority dates are not current at the time of filing H1B extension and 140 is approved you are eligible for 3 year extension...
    Fire your company lawyer for incorrect information.





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  • i did it myself too..pretty straightforward..they hv all info on their website..





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  • Congratulations !!! GOOD LUCK to all the people awaiting approval notice.





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  • I am having similar problem, I have my I-140 approved in 2007 485 filed in july 2007. I got laid off, now I want to change job with project manager title. is it safe to do that but my core technical knowledge will be same as before in the job description.





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  • You missed the 2 year EAD and AP man. ;)

    This is still under review by USCIS..man..not finalized yet..fyi..





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  • OK, fine then ... I stink as a photographer and should sell my equipment immediately. But as long as I'm here, I like Solitary Fisherman the best, then Father and Son, but I suggest cropping it to have a bit more space in front of them than behind them.





    My I 140 was rejected in April 2007 because USCIS thought that my company couldnt show the ability to pay. My PD was 2003 August.
    My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
    I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.

    I need help from the GURUs here. Is the above possible?
    My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.

    Please help me out. I need to act soon on this.
    Many thanks in Advance.......


    Your attorney is correct. Make sure your approved labor is not more than 180 days old. Starting 16th July the validity of labor expires beyond 180 days.





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