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  • rockstart
    06-15 03:42 PM
    In your case you need to get a rectified copy of the BC from the same municipal corporation that issued you the original certificate. That way all your documents bear a consistent name and other information.





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  • Almond
    02-10 08:52 AM
    Saurin did you mean yes you do have a pending I 485, because that was her question.





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  • coopheal
    11-05 04:36 PM
    Contribute now so that IV dont have to pass an opportunity during lame duck session or early next year.





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  • indyanguy
    08-24 03:05 PM
    In the past EB3 was eligible for PP before EB2 was eligible.

    http://www.murthy.com/news/n_eb3140.html

    I've heard rumors that this will happen again. I don't understand the rationale though.



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  • asekhon
    01-10 11:16 AM
    Dude,
    which school did you got into? My opinion forget about GC, pursue the MBA if it is Insead etc, get into Mgt Consulting and work for McKinsey etc. You can come back to states on H1. Also after few years get into corp world as VP of something.

    If it is not a college of Insead level try to get into part time in US. I am doing Part time MBA at Kellogg and would graduate in 2008 as well.





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  • alterego
    09-25 06:55 PM
    This question is arising a lot. It really should be asked of the Q&A session with the immigration lawyer. It clearly is figuring in the thoughts of a lot of members and if she is not sure she can perhaps clarify it through the AILA liason.

    My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.

    I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!



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  • ImmiLosers
    03-10 11:22 PM
    As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.

    Now I am not sure.

    But the point is - Has he/she said it can not be done at I-485?:confused:





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  • karthkc
    05-11 02:46 PM
    This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.

    USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.

    In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.

    Hope that clears it a bit!

    Hi,

    Thanks a lot for your reply. I really appreciate it.

    Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
    OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

    I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

    Correct me if I am wrong on this.

    Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

    I will really appreciate your response.

    Thanks.



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  • eb3India
    04-09 12:47 PM
    President Bush is talking about CIR in Arizona, before the talk on MSNBC there was interesting discussion on whatz coming for CIR

    itz that time again guys I see this as a kickoff from whitehouse on STRIVE and immigration reform,

    will update here as it goes by,





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  • Egyptian Eye of Horus Tattoo



  • deepimpact
    08-23 11:25 AM
    And depending on how long you have been on H1 and if the University is a State Univ, your wife can also qualify for in state Tuition fee. These days its very rare for MS students to get funding. You can save some money that way.



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  • solaris27
    03-12 08:51 PM
    its a good idea





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  • BharatPremi
    07-22 01:55 AM
    My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?

    Thanks for your input.

    Solong:confused:

    Yes you can file your 485. Just tell your lawyer not to forget to attach the H1 extension application receipt.



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  • mirage
    01-29 09:43 AM
    I'm still Confused you guys are EB3 India SEP why are your applications even looked at ? As far as I knew your applications stay in the big black hole unless your Priority date is current....
    It seems we are in synch.
    Sep 04

    MTR approved in December 09.

    RFE for EVL on 23 rd Jan 23 rd.

    Replying this week.

    Let us see what is in store.





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  • dpp
    08-18 04:40 PM
    Speculation is always part of one's life. We want to know our future options, that's why we speculate. Some speculations are deduction from facts and some are just inference. We cannot avoid speculating. What we can do is trying to know which speculation is nearer to the truth and which ones are not.

    Ok. keep speculating... enjoy with that.



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  • reddymjm
    02-18 08:01 AM
    I filed back in June, 07. I got second FP notice for my wife. Nothing for me so far and I am primary applicant.

    Same for me. I even opened a SR. Got a reply saying FP on file. No need for another one.





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  • sonyyy
    06-07 03:55 PM
    Just temporary, they have another vote this afternoon.
    If you want to celebrate, at least wait till 5pm.

    AP has a news which says this bill has been voted out at senate.

    http://news.yahoo.com/s/ap/20070607/ap_on_go_co/immigration_congress

    so guys relax now!!!!! enjoi!!!



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  • blogger
    06-24 11:25 AM
    I agree with you.

    We are apply independently since both of us are in H1B status
    I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
    However; we are working out with our parents to get married and register in India, but unsure when this will happen.
    You�re Thoughts please?


    It is better to contact a attorney or other relavent family/marraiage law counsulars. It is very important. USCIS treats if vigorosly this issue, as marriage realted fraud is very high in immigration benefits, particularly in FB catagory.





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  • sam_hoosier
    12-15 09:37 PM
    Hi All,
    Can some one advice whether I can qualify for EB-2 Category?

    I am a Chartered Accountant from India with 10 years of Post Qualification Experience.

    I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.

    I do not have any other master degree like M. Com / M.Sc etc.

    Would I qualify for EB-2 Category ?

    Regards

    System Consultant role might be an EB2 role i.e.require a Masters degree, but it probably does not require Accounting (CA) qualifications.

    So it would be tough to make a case for EB2.





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  • kaisersose
    07-08 07:51 PM
    Satyam used to have the policy of not sponsoring green cards for foreign employees in the US - except under very rare circumstances.

    If you have GC plans, then Satyam may not be the place.





    eb3_nepa
    03-16 09:42 AM
    Is filing for 485 to get EAD etc really fraud? I mean it is their JOB to weed out the priority dates that are not current :). Besides if anyone is at fault it is the immigration lawyers.





    GC_1000Watt
    10-12 09:58 PM
    I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.

    Same question to you my friend. Did you renewed your H1B with the old employer or you filed with a new employer this time?



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