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  • LondonTown
    03-07 11:33 PM
    i missed the second part of your question.

    i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
    Hope this helps.

    Stemcell: My 140 was also denied and immediately thereafter 485 was also denied. We appealed 140 which is currently pending, we have never used EAD. My lawyer told that if 140 will get approved as a result of appeal, we can re-open denied 485s.

    Are you saying that your friends 485 was NOT denied though his 140 is denied? Please re-confirm with your friend and let us know.





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  • Texascitypaul
    02-23 06:15 PM
    No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.

    The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.

    I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
    __________________


    Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.

    Thank you for your time it is very much appreciated,

    Paul





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  • little_willy
    09-14 03:45 PM
    The interview with Jay about the rally just started.





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  • andy garcia
    05-21 02:09 PM
    Are you sure? it is going to be too much pain....


    Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)



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  • sampatvijay
    01-14 01:15 PM
    :) CONGRATULATIONSSSSSSSSSSSSSSSSSSSSss:)





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  • yabadaba
    04-17 02:58 PM
    the perm user manual is pretty detailed.

    What happens is whenever an application is created... a case number/application number is created with T as the prefix (T-123-4567)

    as soon as the information is filled out, everything is updated, all boxes are checked and the lawyer submits the form/application... the case number/app number changes to (A-123-4567 or C-123-4567) for either Atlanta or Chicago (based on where u live).



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  • sheryn
    09-04 12:20 AM
    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)

    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)

    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)

    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)

    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)

    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)





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  • cagedcactus
    05-02 01:54 PM
    I just received an email from my lawyer that my I 140 was denied.
    The reason stated was my company is not able to prove the funds to support my salary.
    I am on 5 year of H1-b. Exactly one year left.
    I dont want to stay with same company if I have to file fresh in PERM. What are the best options available for me now?
    If I transfer the H-1, do I have enough time to get approve in PERM and a new I 140 to file extension for three more years on H1-b?
    please help....



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  • khans02
    10-03 03:00 PM
    Applied for labor February of 2004 in regular then changed to RIR in September 2004. Got 45 day letter in May. Finally got labor approval letter yesterday October 2nd.

    I have a question - is there any premium process for I 140 or 485?

    Thanks

    Saeed Khan





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  • webm
    02-14 09:28 AM
    "If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current."

    I heard it is based on ND(Notice Date) not RD(ReceivedDate) of 485.

    HTH,



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  • chanduv23
    07-09 02:51 PM
    OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.

    Yes butter them and sound pleasing, approach them as if you need their help. Praise them like anything. Make them feel on top of the world. Just keep kissing their ass till u get the work done.





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  • jojet
    10-26 11:16 AM
    thanks pamposh to answer my quesion



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  • Munna Bhai
    02-08 11:59 AM
    You want to keep your 140 intact for 2 reasons:

    1. To port the priority date for future use in a subsequent Greencard petition.
    2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.

    First, about 1:

    There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.

    In a nutshell:
    Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.

    About 2:

    If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
    Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.

    About preventing 140 from being revoked:

    I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.


    Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??





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  • calgirl
    08-07 11:46 PM
    When did you contact the Senators office and how long did they take to retrieve this information for you?

    Thanks.

    I have filed for my EAD and 485 in july 2007. I have not got my EAD due to Name check (dont know why they cannot issue EAD bcos of name check).
    Well in my case USCIS did not give me any information.
    So i had to call the senator office. Their office contacted the TSC, and got the information that my case is pending Name check.
    Now i know my case is pending name check, whenever i call USCIS, they submit a request to provide me an update and ask me to call after 1 month, 2 months and like that.
    So i have stopped calling USCIS and directly call the Senator office.
    Infopass does not show any appointment dates in Altanta region. So i am relying on the Senator office.
    So may be you can try calling the Senator office and ask them to followup with your case.



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  • Bhaskar_80
    06-10 04:16 PM
    Mr. gnutin,

    I really appreciate your help on this regard.

    Thanks a lot!





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  • rockstart
    08-03 09:41 AM
    You have two options. One is forget the current GC and take new job re-start your GC.

    The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)

    The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.



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  • Canadian_Dream
    11-30 05:52 PM
    Generally the I-485 approval has the following message:

    Current Status: Notice mailed welcoming the new permanent resident.

    On XXXX, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.



    Thanks a lot guys..

    Below is the online status

    ************************************************** ********
    On xxxxxxxxx, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    ************************************************** ******

    One more question, if she travel to India on Advance parole, with the approved status in online, will that be any problem?





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  • h4visa
    07-27 01:46 PM
    After EAD is approved, H4 can work anywhere in any job.


    Thanks much Jasmin.





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  • desi3933
    05-20 09:51 PM
    ...........
    Is it possible to have EB2 category and old priority date without refiling new I-140?

    No. You need 2 (or more) approved I-140s to port PDs.


    __________________
    Not a legal advice.





    snhn
    04-13 11:58 AM
    Hello,


    I am in my 8th year of H1b visa, getting extension on the basis of a pending labor . My visa notice came in today.

    My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was

    sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.

    I cam to know about it because it says on my I129 application. It basically says that I am

    not eligible to extend my stay in the US therefore have to travel outside the country. My

    wife petition,, well all she received was a letter from INS stating that her H4 application

    can not be renewed because of my petition. I also states on that the H1B petitionore has a

    criminal recore which is inadmissible in US. the only criminal record I have is some

    traffic violations and a DWI from 2000.

    Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been

    able to travel out 2 times. I have never tried to get the visa extension in Pakistan

    before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension

    approved last year. They never said anything abou that. I hav not been involved in

    anything else either.

    none of the conversation my lawyer has had with them, it does not specify what the criminal

    record they are talkin g about. I have even talke to INS about it and they dont know either.




    One other question. Can I still work even thought my visa is not extended per say. INS only

    send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.

    What are your thaughts.

    Am I illegal right now.

    Thanks!

    N





    vasa
    07-16 11:50 PM
    yes, everyone at hill knows that we pay taxes/abide by the law and still gets screwed because we dont have any representations!...
    why is NumberUSA and other groups on CNN/FOX and other channels and our story is just passing comment..

    we need to confront these people with fact check; like there is a thread for Lou Dobbs fact check.



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