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  • krish.d.rao
    07-25 10:39 PM
    you can use AC21 even if your I140 is not approved, provided your GC sponsoring employer does not revoke it. I am speaking from personal experience.
    I was stuck in the same job for 7 years and changed jobs after 180 days of filing my 485. At that time my I140 had been pending for 12 months but i took a chance. Later i got an RFE on my I140 (experience letters) but it was approved a few days after i sent in the required information.
    The job description was the same although my new salary was about twice the amount mentoned in my labor. AC21 provision was created keeping in mind the extensive backlogs so if you have a good relation with your present employer go ahead and make use of it.





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  • b.rich
    06-06 12:19 AM
    take it all offff... is azzy tryin to seduce us?;D jk.... nice job sofar, very colorful.





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  • deecha
    07-16 03:02 PM
    Thanks deecha.. I will keep the gang in loop... The future role will be of a chief architect. So I believe it is aligned with my current labor application. But can I even move using an EAD (hence dropping my H1) and then file my EB2 in the new company? The reason I am confused is, we used an H1 b visa to file the labor, not sure if a labor can be filed using an EAD.

    I don't believe H1B has anything to do with filing a Labor Certification for a EB Green card. An employer can file LC for a position even when a candidate is outside the country. they are two separate tracks.

    What you may be thinking is the answer to the question about a candidate's status. In your case it's simply AOS (Adjustment of Status). You will definitely have to consult a good lawyer.





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  • sansas
    01-21 07:28 AM
    hi dionysus
    i got this from some requirement agencies



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  • aries
    09-24 09:26 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!





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  • optimystic
    03-31 03:01 PM
    I have a somewat similar situation, here goes:

    Myself: "Resident Alien for Tax purposes" for 2007.

    My wife: Before we got married last year, she was on J1 (> 6 months)
    Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.

    The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).

    My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.

    You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.

    If others have dealt with a similar situation, please advise.

    Thanks.

    Ams

    Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
    Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?



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  • kumar26fl
    09-21 09:49 PM
    Good idea! Let's have a 'Membership Drive Week' and increase the membership.





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  • at0474
    01-09 03:14 PM
    I know at least 5 colleagues with early-mid 2001 PDs who applied 485 last year. They're still waiting. Admire their patience.

    --I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now.



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  • jest_1
    03-15 08:15 AM
    Even if your visa is expired, if you have valid approval notice, you do not need airport visa. You can refer to the following website: http://www.germany.info/relaunch/info/consular_services/visa/countrylist.html#except4
    Exception 4 applies to India.





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  • gccovet
    07-15 04:26 PM
    Regarding first point,
    I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .

    HTH
    GCCovet



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  • meher
    12-24 11:48 AM
    Thank you Swamy and Reachinus.

    Reachinus

    That is definetly helpful.

    What is substitue w2. Please send me any link that can give me more details.

    Based on Sep pay stub, my new company has filed for H1B Transfer in december and have received the Receipt. Will there be any out of status issues in H1B Transfer because of no pay stubs after september?





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  • vali
    10-23 11:38 AM
    I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
    I just received today my LC after a long wait in backlog from 04/2001.
    1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
    2. How long will be until this I-140 gets approved? Anyone who did this lately?
    3. I�m filling I-140 together with I-485. It matters, time PP wise?
    4. Is there another�next step� towards the GC or just wait for those to be approved?
    5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
    I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.

    I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.

    Thank you guys for your attention and thanks IV for the good work done so far.
    :)



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  • pappu
    01-24 11:47 AM
    If there is going to be any more discussion on if IV should push for 485 or not push, moderators will close the threads. There has been enough discussion and arguements in the past over this and members are more than willing to give hundreds of ideas and opinions for free but only a few actually care to implement them or help IV with a mere $20. If you want to discuss it, go to other forums and discuss it and be an armchair strategist.

    If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.





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  • wandmaker
    12-11 02:57 AM
    Thanks for your response. Good to hear that I can file while I am outside the US.
    Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!

    You can renew your EAD even after it expires. BTW, if you have used your EAD for work, you can not work until you received the EAD on hand.



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  • lazycis
    08-15 10:15 AM
    Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

    Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!

    It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.





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  • Macaca
    12-07 10:53 AM
    May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.

    I did not hear anything from my lawyer about this issue. Neither did this issue come to my mind. It is possible that I got my H1B in the category for US degree holders. I am not a lucky guy.

    Your arguments are logical.

    I wonder what happens to your status if you apply for a tranfer from non-cap to capped H1B and the quota is over. Can you stay legally in the country?



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  • we_r_d_world
    10-19 12:30 PM
    Look at the profile...... join date and no. of posts.





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  • augustus
    08-21 10:32 AM
    Please see above





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  • GC_LOOKIN
    05-08 11:27 PM
    I think if iam not wrong its not based of the priority date or anything else. Its just random
    we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..





    senthil1
    03-05 08:53 PM
    We cannot justify the opposition to price increase as INS expects the fees to be paid by employer. So if needed employers can oppose not the employees. Only fees the candidates expect to pay is citizenship fees and all other immigration related fees should be paid by Employers as they are sponsoring gc


    USCIS fees cover none of the activities you mentioned.





    Canadian_Dream
    09-19 06:33 PM
    Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.


    That's why there is a saying that you should never watch sausages and laws being made.

    The Cantwell amendment and Lieberman amendment will fail to pass the vote. It doesnt matter whether its ordered to lie on table or whether its ordered to take a nap on the table or have some lemonade on the table. And it doesnt matter what any of those "Motion to... " means.

    Both of those amendments, if debated, will fail. It will take 10 seconds for Bernie Sanders, Ted Kennedy and Dick Durbin to scream on top of their lungs and kill it. And the reason is very simple. There is a massive H1B exemption ON TOP OF 180,000 QUOTA. People who have been so successful this year so far in restricting H1 and employment based GCs are not going to miss that nice little H1 exemption at the bottom of both these amendments. So stop scratching your heads over what the "lying on table" means, because whatever is lying on table is unpassable if it somehow awakes from the table and starts dancing in the well of the senate floor.



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