Saturday, June 18, 2011

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  • nashim
    09-08 01:39 PM

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  • waiting4gc
    04-16 01:45 PM
    pros --
    - no state taxes
    - cheap housing (renting or buying)

    - (for me at least) Houston is terribly humid and hot
    - concrete jungle pretty much sums up the city. There is hardly any good public transportation in any texas city

    I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
    Drivers License,Commute to downtown, childcare etc.
    I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
    I have an approved i-140 and EAD and 180 days past on 485 filing.

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  • desi3933
    02-18 09:56 AM
    I agree with snathan.
    This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...


    As per Yates memo (link (
    It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

    Not a legal advice.
    US citizen of Indian origin

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  • mdcowboy
    02-25 06:28 PM
    I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.

    This is a forum to help people who are in distress..not to make a mockery of their situation. When you post such insult, consider yourself in their shoes!


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  • GC Struggle
    03-10 11:02 AM
    Don’t worry… there is an option to contest the decision.. you could use an MTR.. Hope the below info helps

    ALL Gurus,

    My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.

    Issue Details:
    1) Applied GC EB2-RIR on JAN 2005
    2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
    3) Received EAD and AP for both myself and my Wife.
    2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
    3) Responded to RFE with mentioned documents on Jan 30th 2008
    4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
    5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
    6) My wife is on H1b Visa.

    Questions based on my Issue:
    1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If so please advice on how to retain my status.

    Apply for an MTR as soon as you receive your denial notice. You get abt 30 days to file for an MTR.. and based on the MTR receipt notice you can get your extension
    2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
    3) Can I apply for a new Labor (PERM)? If YES:
    1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
    2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?

    First of all apply for an MTR and based on the reason for denial decide the future course of action (if you the reason for denial is education.. then you might face the same problem with the new employee)

    4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?

    Use a good attorney... Using a company might hamper your MTR process as these guys hide a lot of factual information. Yes there is a possibility for requesting to change the category of the case

    5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?

    No idea on this..

    I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.

    Apply for an MTR and at the same time apply for a new LC because an MTR can take anywhere between 3 – 18 months

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  • hpandey
    12-26 01:31 PM
    Both are wrong answers .. no one is an alien .. we are all human beings :D

    Just kidding ..

    But on a serious note I think we fall under non-resident alien.


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  • abhi_jais
    01-31 10:38 AM
    Here is the Text of Bill:

    Bill Summary & Status - 112th Congress (2011 - 2012) - S.6 - THOMAS (Library of Congress) (|/bss/|)

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  • unitednations
    05-19 03:24 PM
    background checks can mean all sorts of things

    1) someone has similar name to you who may have applied for immigration benefit in the past (they think you may be that person and they have to manually rule it out; this involves finding files, examining them, etc.)

    2) even though 140 is approved they could be going back and checking this. I personally know of one person who had eb3 approved, he had masters degree with priority date in 2002 and 485 pending. His case had been transferred to local office; he went for interview, they didn't know why he had been called for interview and just sent the case back to nebraska service center.

    he then decides to do eb2 labor/140. gets it approved, swaps priority date, etc. He then gets 485 rfe for paystubs/w2's, etc., and then oddly they ask him for a better copy of his masters diploma.

    He sends the rfe response. his case gets transferred again to local office. local office tells him that he is in background check and they are verifying the genuineness of his masters degree and have sent the information to consulate in India for investigation. This was two years ago and he has not received any result.

    Background check means all sorts of things...


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  • peer123
    04-17 09:59 AM
    How did you find what job code your labor was applied for?

    it is on the approved labor certificate, that my lawyer gave me

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  • wandmaker
    10-29 12:43 PM
    If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?

    Please help...

    Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.


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  • lazycis
    02-08 09:23 PM
    Thanks all of you for your responses.

    But I'm still not clear about one thing... which center I should file EAD application with?

    I'm in California, My I-140 was approved by Texas service center.
    I-485 was filed with Nebraska but transfered to texas service center.
    Now my I-485 is pending with Texas service center.

    Thanks again...

    Nebraska Service Center
    P.O. Box 87765
    Lincoln, NE 68501-7765

    mail it by priority mail with delivery confirmation

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  • ameryki
    10-17 08:29 PM
    Boss once you get an ead after applying for 485 one must consider taking the risks after 180 days because the chances of getting that 485 denied are slim to none unless your application has opportunities if you know what i mean.:)


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  • Edison99
    01-27 02:29 PM
    Good job IV team and keep going...

    Press release. Jan 26, 2011

    Immigration Voice: President's vision on immigration "in the right direction"

    Immigration Voice ( - Home ( applauds the President�s recognition of our broken immigration system that allows for educating foreign nationals in the best universities this country has to offer and refrain from utilizing the investment made on them. The President�s call to reform in his State of the Union speech last night is an acknowledgement that has been decades in the making, he took it a step further by rightly calling out on policies that �makes no sense.� His vision and continued support on finding solutions to fix these problems is a step in the right direction.

    America�s competitiveness and the initiative of keeping the jobs in the US, from being outsourced rests with the highly educated and skilled labor force within the country. The President�s vision of �let�s stop expelling talented, responsible young people who can staff our research labs, start new businesses, and further enrich this nation" is commendable. The highly educated foreign nationals are forced to seek employment elsewhere due to the long waiting periods in attaining green cards. Nearly a million people are stuck in the process and their prime creative years are submerged in the uncertainties of acquiring permanent residency in the country, and their entrepreneurial ventures are curtailed. The need for a bipartisan solution to reform the employment based green card systems that American employers use to recruit and retain the best and the brightest from around the world has become an immediate necessity.

    As the President noted, �No workers - no workers are more productive than ours. No country has more successful companies or grants more patents to inventors and entrepreneurs. We're the home to the world's best colleges and universities, where more students come to study than any place on Earth.� Immigrants come to this country with the very dream the President described, to be a part of the great American workforce, working hard and giving their very best to the country. Aman Kapoor, Immigration Voice founder and president stated, �By tying the economic prosperity with innovation, President Obama has successfully merged the prosperity of our economy with fixing employment based immigration and the tremendous talents that is just waiting to be unleashed.�

    Immigration Voice is greatly honored to work with the Congress and the Administration in finding solutions to the root problems of the backlogs and help clear a path for talented immigrants to contribute to the cutting edge in American innovation and exceptionalism.

    Immigration Voice is a non-profit, national grassroots organization promoting awareness and providing solutions to fix the problems faced by high skilled legal immigrants in the employment based immigration system. Learn more at - Home (

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  • puntubabu
    03-07 10:17 PM
    Dark Child has no votes, someones gotta vote for him, hes got a really good layout.


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  • gondalguru
    06-20 12:14 AM
    I am in the same boat. I have outlined my case in a similar thread posed today.

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  • kriskris
    08-22 02:47 PM
    you can renew your DL by showing a copy of H1 receipt and letter from employer regd employment. DL office clerks dont know this so your lawyer might have to call their supervisor. take your 140 along as well, actually all the documents.
    one of my co-workers got it renewed based on H1 receipt. and we are in FL.


    They are not accepting the receipt notices in Dallas. They don't even listen to you if you try to explain them. All they do is ask for I-94 and gives us a paper that contains what all documents can be accepted.


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  • shana04
    05-28 11:59 PM
    I am a July 2007 filer and he expects an RFE for employment verification on my case.

    I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)

    And RFE for current residence proof

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  • sanju
    01-26 02:12 PM

    Any update, what did your lawyer say? What did you end up doing?

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  • satishku_2000
    06-08 01:28 AM
    u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again

    Yeah there is always a possibility that they may consider the H1B reform separately. If and when they consider H1B reform on its own , there would be much more focus on the details of the bill.

    People like Ron Hira and Sanders cannot overplay their hand .

    04-28 02:29 PM
    Thanks for the info.

    Are you presently working?

    J Thomas

    Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
    Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
    My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.

    Also, just I wanted to share the information becuase many people seemed worried about this.

    Good luck :) :) :) :)

    02-25 07:08 PM
    I came here as F1 visa but I'm out of stutus now. Here is some background:
    I came here in september 2006 as F1 visa. I took 2 english quaters at the university then tranfer to another school in april 2007 ( Let calls them MSU). MSU gave me I 20 and it expried on March 2010. But due to financial problem, I did not register class at MSU after april 2007 so I was out of status. After that, I started register class at MSU in september 2008 and stoped in april 2009. I did not register any class after april 2009. I talked to my advicesor and she said, since I have been in school on and off so no matter that i went back to school some, I still out of stutus.

    I have been my boyfriend for almost 3 years now and we want to get married ( He is an US citizen). I really dont know if i will get trouble because of my stutus or where to start? like what files do we have to fill, etc....
    Any advice would be appreciate! Thank you so much for your time!

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