Monday, June 13, 2011

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  • FinalGC
    05-05 02:01 PM
    Please consult a lawyer, so my advise is just a suggestion .....

    iPhone App selling is just like buying and selling stocks, which does not require a h1b or EAD. The only thing would be to report the income in tax return....I maybe please do check with a lawyer..

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  • lord_labaku
    07-23 12:30 PM
    In my experience, going to the airlines respective websites get you a similar deal. Try



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    07-10 10:00 AM
    I'm not from India, can I come ???


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  • raminmd
    08-14 06:36 PM
    ....and I understand that. I would be pissed off too if my priority date was earlier and my status was still pending. I actually believe that this is a fight for all of us and that is one of the reasons, I have contributed before and will continue to contribute to IV. This does not change the fact that I am in a messy situation. I posted to get some advise not to antagonize people.


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  • prem_goel
    06-07 02:45 AM
    I think it's not wise to leave. I tried googling for h-1b transfer & leaving the country but didn't get much info. I think if a transfer is pending with USCIS then you shouldn't leave the country as it may be considered as abandonment of the application.

    i would advice to get it done under premium processing. i am not sure when the i-94 records are updated but if USCIS sees that you left India while the transfer is pending, they might issue you I-797 but with instructions to get it stamped at a consulate in India.

    just my thoughts..better try googling or ask some lawyer.

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  • gene77
    11-06 01:33 PM
    This topic has been discussed a zillion times in this forum. Please search all the threads.

    Any news/LUDs on you I-485 yet pd_recapturing? Your lawyer sent the interfile request some weeks ago right? I'm still awaiting approval of my 2nd I-140.


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  • logiclife
    03-09 12:39 AM
    Thanks to first few members who have volunteered to help with membership drive.

    Getting more and more people on board with immigration voice goes hand in hand with fund raising we need to broaden our base to have more voices and more dollars.

    IF you lose sleep over retrogression or backlogs, email me at so that I can reply back to you with a pdf file that will enable you to help us better.


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  • martinvisalaw
    07-28 11:50 AM
    Is there a maximum limit for duration one can stay away from USA and come back on Advance Parole ?

    No, no maximum. You just have to have had the AP in hand when you left the US.


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  • agt
    05-23 08:12 PM
    Thanks for your reply.

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  • Dhundhun
    04-09 02:49 AM
    You must be filing under (c)(9). That is AOS pending.

    I feel that your current status is "Entered into USA using H1B Visa". I needed to e-file for my wife and mentioned "SPOUSE/CHILD OF H-1 THRU H-3" for that.

    Since no one has answered your question, I am just providing information, what I have done. It may not be accurate. I hope no one puts "RED" marks for this. RED marks have become pretty common for providing any suggestion.


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  • Prashanthi
    05-08 04:15 PM
    Yes you could request that the same I-485 be used for your new I-140, as one member has suggested, you could also ask for the priority date of the old I-140 to be ported to your new I-140 if you are worried about priority dates for EB-1. Provided the old I-140 is not revoked.

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  • kaybeedee
    11-05 12:06 PM
    My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.

    In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.

    Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?

    - I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?

    - Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485

    Many Thanks !!!


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    07-08 08:49 PM
    you can file 2 i140's.. ( I Have 4 in total)

    I filed 2 (EB2 Eb3) based on my perm (already approved) and another set of EB2 EB3 based on my old labor (in process)

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  • GCBy3000
    02-12 02:36 PM
    If you have approved labor and 140, why you want to file EB2 perm?

    1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.

    2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.

    Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.

    I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.


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  • desigc
    12-22 05:03 PM
    Contributed $100 to IV.
    Reciept #87H393384E9981342

    I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
    My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?

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  • glus
    02-27 09:21 AM

    That was exactly what I was looking for.

    What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.


    That is a different story. I you have been terminated, and the termination was beyond your control, get a letter of termination, keep it in a safe place for the time you get naturalized, and move forward.


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  • meridiani.planum
    05-05 12:26 AM
    I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
    Also what docs should be send after efiling, if any?

    rejected. Meaning they will return it with your filing fees:
    02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD

    * We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees

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  • amit1234
    08-27 08:19 AM

    can any lawers give me reply?

    Thanks in advance

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  • desitechie
    05-03 11:19 PM
    I have applied EAD renewal to AZ lock box. It was delivered on Mar 29. I have not got any receipt so far. Also check is not cashed.

    Now it is 30 days and I should be able to call USCIS.

    I have two questions:

    1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?

    2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?

    Thanks a lot.

    Sorry about your plight. did you use USPS express mail? Do you have the name of the person who received in the Chase lockbox?


    12-27 11:00 AM
    anurakt, thanks for the update.

    There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.

    The caption should be catchy and should convey the info....some thing like "by the people and for the people".

    update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)

    12-30 01:20 AM
    about time ppl came forward to share the burden & not let just the core/a few others carry the load alone - i was thinking we should be able to raise a million every month with wider participation (20000+) at lower $ levels like 50/100 so its sustainable. but lets see how far this goes - cant affrd 2k rightaway tho

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