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  • l8A
    10-05 10:27 AM
    I think you have period of 180 days after being out of status to apply for permanent residency. I'm not sure though. It would probably be your best bet to double check with a lawyer and get professional advice. Good luck.

    Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.

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  • bestin
    06-18 08:49 PM
    I have a 4 yr degree + approx 7 yrs experience before joining current company in US.My labor required a bachelor+5 yr progressive experience and did not mention about Masters.

    140 filed under EB2.

    I recently received RFE .In one of the point the officer has mentioned that the classicfication requires advanced degree and has asked me to submit academic record for advanced degree in addition to transcript+credithours+attendence for bachelor degree.

    I have been thinking that bachelor+ 5 yrs experience is ok for EB2.But now i am confused.

    Pls throw in some light.

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  • coopheal
    12-07 08:56 AM
    My lawyer mentioned that we have to be in same or similar position at the time filing I-1485 and when its being adjudicated. After filing and before adjudicating we can be in any other position.

    Is this correct?

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  • solaris27
    05-31 05:42 PM
    how can any h1b visa holder own 33% in LLC .

    I thought in LLC all members should be GC/Citizens only .

    Please clearify .


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  • Chiwere
    06-11 03:22 PM
    what about the people who are beyond their 6 year H1B term -extending it every year. The USCIS website does not provide any indication for those.

    Looks like it applies only to people with 6 year term expiring and labor applied/approved < 365 days. A very small subset of people perhaps but they needed immediate relief.

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  • jsb
    09-05 10:06 PM
    Today employer sent mail checks cashed.waiting for receipts.

    Jul 2nd Received by J Barrett at 10:25 AM at NSC

    My I-140 was approved from TSC in Feb 2007
    My PD is Jun 2003; EB2-India

    Just curious, why didn't you file in June 07? Your PD was current then? You would have been way ahead had you filed in June.


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  • Murthy
    02-21 07:49 AM
    Any Bank account gets deactivated if there are no transactions for a certain period.Call your Bank and find out.The best thing is always close all accounts before you leave.

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  • pmgthj
    03-13 09:53 PM
    Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.

    Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.

    Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...


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  • qplearn
    12-19 05:05 PM
    Not from the bathtub. ;)

    Post your experience with the call.
    My experience was very pleasant! They did not say it in so many words, but it was clear that they appreciated my call. I urge all of you to call Senator Cornyn. This is a really good idea, unless the core thinks otherwise (I am really not sure what the core thinks about this). Their staff has not received too many calls from supporters like us is what I could make out (but I could be wrong).

    And by the way, the call was made from just outside my office on a cell phone --- not from the bath tub this time :)

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  • gconmymind
    04-18 04:51 PM
    See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!

    So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

    EAD is just work authorization. You are an adjustee when 485 is pending and will get Immigrant status only when your 485 is approved.


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  • kaisersose
    07-02 04:11 PM
    Had they followed Kaiser's logic, they would not have approved my Feb app too as my Feb app is no where current, but there is hardly any sense to their order. Its as if the applications come in, they put it in crates and stashed somewhere. The crates are pulled in random order.

    I said they decided to process EB2 140s over EB3 140s because there were more approvable cases in the former set. I did not say they are approving 140s based on PD.

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  • tabletpc
    08-13 10:35 AM
    very law is suffixed with "Its not crystal clear".

    How to make a judgement out of this and risk ourself....???


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  • amitpan007
    10-19 04:33 PM
    These are the job codes from DOL and mine was 15-1031. I am in similar area Oracle Applications. Hope this helps.

    15-0000 Computer and Mathematical Occupations
    15-0000 Computer and Mathematical Occupations
    15-1011 Computer and Information Scientists, Research
    15-1021 Computer Programmers
    15-1031 Computer Software Engineers, Applications
    15-1032 Computer Software Engineers, Systems Software
    15-1041 Computer Support Specialists
    15-1051 Computer Systems Analysts
    15-1061 Database Administrators
    15-1071 Network and Computer Systems Administrators
    15-1081 Network Systems and Data Communications Analysts
    15-1099 Computer Specialists, All Other
    15-2011 Actuaries
    15-2021 Mathematicians
    15-2031 Operations Research Analysts
    15-2041 Statisticians
    15-2091 Mathematical Technicians
    15-2099 Mathematical Science Occupations, All Other

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  • Dhundhun
    06-26 01:02 PM
    If you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485

    No. FP for EAD is catagory 2, FP for I485 is catagory 3. I have not seen any LUD on I485 for getting FP for EAD.

    As suggested by "mittal_a" it should be due to AC21 or some other routine stuff.


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  • GCwaitforever
    06-20 02:39 PM
    I sent my reply with subject: "LA Documentary - Not in the area".

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  • ssdtm
    12-14 12:55 PM
    Unfortunatley Dems have not shown much zeal which conveys that Immigration Reform is one of their important agenda.

    CIR is much more comprehensive and volatile with far reaching impact. It generates lot of heat and polarization. Due to ploitical sensitiveness both parties are not discucussing too much on it.

    On the other hand, reforms for highly skilled immigrant are subtle in front of it. That can be done without much political heat, and that should be one of our selling point to senators/congressman. ----Vote yes for the reforms - "It has not much backlash, while delivers strong economic gains to the industry, and humanizes the existing program".


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  • silvinhaphn
    05-05 02:32 PM
    I saw the notice on the website that my AP was approved but I haven't got even the approval notice yet, I thought It was strange. It was like that with you guys? Do they send the notice together with the card?

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  • akhilmahajan
    07-13 07:22 AM
    Also invited 15 other friends to do the same.

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  • whitecollarslave
    03-31 02:41 PM
    I have transfered or renewed H-1 multiple times. Never had a situation where an employer will not provide the salary slip. Who is your employer?

    09-16 04:38 PM

    So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.

    My ramblings anyways....

    You are right on target....EB2/3 reform is the only bone that CIR lobby has to get
    support for CIR. And they will hold EB2/3 reform hostage till that time.

    08-21 11:43 AM
    I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
    I came to US through Company A in June 2000 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until March of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.

    During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.

    I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want “a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary”

    Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
    I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.