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  • sandeep77
    03-20 05:53 PM

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  • ImmigrationAnswerMan
    06-30 07:36 PM
    Yes and no. Yes will probably get the PERM for BA +5 certified. But no, you will not be approved for an EB2 I-140 petition. You will still only be able to get an EB3 I-140 approved.

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  • zephyrr
    03-21 12:35 PM
    Yes, there is a certain amount of risk depending on the company you work for. If you work for a Fortune 10 which has a 100% track record wit 140s, your risk is mitigated.

    I agree that one should probably do it for compelling reasons.

    I think relevent part here is Q 1.
    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it�s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A above.
    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
    by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
    If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!

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  • xu1
    07-28 05:41 AM
    Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?

    Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

    Can someone please help?
    My EB3 perm took about less than 5 months from pre-app to approval, during which there was about 3 weeks of delay due to my own mistakes.

    Pre-app ad campaign for me took the lawyer about < one month for the job description, one month for posting, and two months for interviews and filtering and stuff, maybe another couple of weeks for final prep and filing. It was approved in less than 2 weeks of time.


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  • pappu
    12-30 11:10 PM
    Happy Birthday IV !!!!

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  • absaarkhan
    01-18 10:33 AM
    I have a very GOOD update on

    I posted this question On Rajiv Khanna's website on
    The question is on the Jan 17th conference Questions list.
    He answered my question.

    According to him even after you enter on AP, u can still work for the same employer on H1B, and he also confirmed that we can do a H1B transfer even after using AP, NO NEED TO GO OUT OF USA FOR H1B STAMPING.

    This is a very good info for me i was trying to get this info for a while now.

    Hope this will be useful to atleast some of us.


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  • dealsnet
    12-28 02:27 PM
    We are watching the processing date from Dec. 14 till yesterday. We did call them. You can see my thread for this matter. They talk about Nov. Date till recently. All of a sudden they come up with this with old date. see the link
    http://immigrationvoice.org/forum/showthread.php?t=16229 (http://http://immigrationvoice.org/forum/showthread.php?t=16229)

    Why did u give a negative marking for that?

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  • wandmaker
    12-11 03:00 AM
    I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post

    No, you will have file I-765 form with USCIS, you can do paper filing or electronic.


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    03-18 12:57 AM
    I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.

    I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.

    My questions:

    1) Can I start / partner with a friend who is a US Citizen?

    2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).

    3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc

    4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.

    5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.

    Any tips / advice from the experts will be highly appreciated.

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  • ikass
    05-29 08:35 AM
    Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.

    For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."

    Can IV help pass this request on Advocacy days?


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  • dilbert_cal
    04-06 02:03 AM
    Thanks for a very good analysis. I was hoping someone will do it and my heartfelt gratitude to you for stepping up.

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  • manand24
    10-22 09:34 AM
    See Signature


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  • bingl
    04-16 11:02 AM
    thanks weaseley ....
    We are in Kansas....I did show the 485 receipt ....they said 'its just a receipt' not an approval....and so they can't use that. I'll try calling USCIS for the letter. I hope it works since I don't want to waste money on an EAD which I am not gonna use.

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  • Ryall
    09-06 12:12 AM
    yeah I like the updated splash... and about my page... I know it is huge it is in NO way permenent... just something I am toying with, I'll end up only using elements of different pictures on that page for my splash.. plus I didnt compress the images at all - like I said VERY temporary. I'll let you all know when I update my splash along with my new site


    PS really cool new footer dan, also Lost - I think yours is great too, simple but VERY grabing effect!!!


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  • andy garcia
    01-17 06:53 AM
    That is all I did a couple of years ago.
    I took the passport of my wife and that was it.

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  • franklin
    07-05 10:39 PM
    If people want to send flowers, let them send flowers. I really don't see the point, but whatever

    But please - do we need multiple polls and threads about this? How many of the 200 that are apparently ready (although this number differs on the 3 or so other polls, and countless other threads on this subject) have done actual IV action items?

    Admins - please close this.


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  • inthehole
    07-25 03:50 PM
    I am trying to send AC21 letter to USCIS through my attorney. My attorney want the LC filing papers from my previous employer.(so that he can prove that my current job is same or similar)

    So if we change our job using EAD, do we need to have LC filing paper from our ex employer for invoking AC21?.

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  • sanju
    03-12 10:52 AM
    Here is another one

    really funny...
    but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.

    I decide to clean off the front patio. I start to the patio and notice mail on the desk that needs to be taken down to the Post Office. OK, I'm going to the Post Office . . .

    BUT FIRST I'm going to go through the mail that was delivered. I lay the car keys down on desk. After discarding the junk mail, I notice the trash can is full. OK, I'll just put the bills on my desk . . .

    BUT FIRST I'll take the trash out. But since I'm going to be near the mailbox, I'll address a few bills . . . Yes, Now where is the checkbook? Oops.. there's only one check left. Where did I put the extra checks? Oh, there is my empty coffee cup from last night on my desk. I'm going to look for those checks . . .

    BUT FIRST I need to put the cup back in the kitchen. I start to head for the kitchen and look out at my balcony, notice the flowers need a drink of water because of the extreme heat. I put the cup on the counter and there's my extra pair of glasses on the kitchen counter.

    What are they doing here? I'll just put them away . . .

    BUT FIRST need to water those plants. I head for the door and . . .

    Aaaagh!!! Someone left the TV remote on the wrong spot. Okay, I'll put the remote away and water the plants on my balcony . . .

    BUT FIRST I need to find those checks.

    END OF DAY: The patio has not been cleaned, bills still unpaid, cup still on the counter, checkbook still has only one check left, lost my car keys . . .

    And, when I try to figure out how come nothing got done today, I'm baffled because . . .


    I realize this condition is serious . . .

    I'd get help . . .

    BUT FIRST . . . I think I'll start a new thread.

    Fool its not me, its the AAADD I was recently diagnosed with.


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  • akhilmahajan
    09-14 03:22 PM
    Please if you at home and can listen to it that will be great. Is there a way to record it up?

    Being at work cant listen to it. I would have loved to listen to a dedicated and devoted personality.


    06-22 12:36 AM
    CIR 2009 RIP.....health care, economy , perhaps even iran etc are ahead of that

    08-07 09:15 PM
    I had my infopass appointment today, it was not worth wasting the 60 seconds. I go up to the IO, this lady is so rude she would just say my case is pending. I asked about name check she says that cannot be discussed due to security reasons. I called up customer service and could get to the second level that was an IO, who confirmed my name check is pending.

    Infopass depends on the IO or you could be in for some sour grapes ....

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