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  • indianindian2006
    07-14 06:06 PM
    Can new company file amendmend to existing I-140...
    The company who filed my greencard got acquired within 6 months of I485 filing for me, They amend my H1 within 6 months window and now they are in process of amending the I140..

    My question to gurus is-Will he be ok if his new company amend the I140.

    Your case is a case of Successor in interest, his case is a case of different employer so according to me the answer is no.

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  • logiclife
    12-20 04:54 PM
    Please lookup 245(k).

    (k) Inapplicability of certain provisions for certain employment-based immigrants

    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien’s admission.

    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.

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  • dealsnet
    07-07 07:11 PM
    Today I have received my GC approval email. Dependants approval is awaited. I am in this country from Jan 2001. Good luck to all.

    No LUD till final approval. Last LUD on I-485 on August 2007 on finger print day. Last week I did call Nebraska by POJ method and speak with IO. She told me my file is off the shelf and in line for adjudication. I think EAD filing on June last week did the trick. (file taken from the USCIS's never ending shelf).

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    07-13 07:46 PM
    just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2

    reasoning was Oct # would be released so they r trying to capture as many # as they can

    I am april 2006 and it seems it will be a 1 yr wait foir me now.

    This is completely bullshit...... I bet on it that the dates will never come back to Augst 2005.
    He must have said Aug 2006 not Aug 2005.
    Whoever the lawyer is, he has no idea of how cutoff dates are calculated


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  • ajm
    11-02 12:40 AM
    NRC 2008 063585

    The request is in the complex track.

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  • cygent
    03-21 04:35 PM
    Hello all,

    How do you determine if the category filed is EB2 or EB3? How can you find that out from which document?



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  • alex99
    04-07 03:55 PM
    I was going through the flatcenter PERM data for year 2004.

    In the Coulm Last_sig_Event, some of data rows have value

    'Received Regional Office'.

    Anyboay has an idea what does this mean?.


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  • sidbee
    05-26 06:04 PM
    While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
    Officer : Sir what is your status in the US ?
    Buddy: I am on L1 visa
    I: H1B
    buddy's wife: L2
    my wife: H4
    officer: is anyone US citizen ?
    I: my son is (he was sitting in the car seat)

    Officer: (to my buddy) Is your visa still valid ?
    Buddy: yes
    officer: do you have documents to prove your status?
    buddy: i have some papers in my bag which in the the trunk
    officer: can you show me?
    (buddy got out showed him tax papers and answered some questions)
    officer: did they not tell you you are supposed to carry your papers while travelling?
    buddy: I came over a year ago so i don't remember
    officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.

    I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

    I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.

    Just out of curiosity.

    You were not asked to show any documents (your friend was)?
    May be because your son is a US Citizen...


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  • inthehole
    07-18 12:12 PM
    hi tapukakababa, can you please provide me with a number for USCIS nebraska SC. I would like to talk to them as well.

    Phone Number: 1-800-375-5283
    Options 1, 2, 2, 6, 2, 2, 1 (For english)

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  • lahiribaba
    03-10 11:44 AM
    You are partly right, but the problem does not end there. Lot of it has to do with the disorderly way the applications were/are being picked up. All the old applications were pushed to BECs and newer perm applications were picked up for processing. The dates were abruptly moved forward which allowed USCIS to approve newer 485 applications before the dates were pushed back. I am a victim of both these cases� Also, there has been a lot of wastage of visa numbers. If none of these happened I am sure the EB3 dates would have move forward without getting stagnated in 2001.

    well you got to re plumb once in a while dont you?

    the water and drainage system that worked 100 years ago does not work now ... or does it?


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  • sam2006
    04-05 12:03 PM
    I have done it also
    response were good from the staff members

    5$ per person who calls and posts his message here
    i know all the consultants and IT are busy
    please do it for a greater purpose in life

    5$ per person from today-2morrow

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  • nk2006
    02-19 03:07 PM
    I dont think this bill will survive in house - any bill with a set number of years residence as the only condition will raise the cries of amnesty and can get killed. In the current economic conditions, not sure if Obama administration will take any agressive steps to fix immigration issue - unfortunately they have far more urgent issues at hand. A bipartisan support could have made it possible but any bill which can be interpreted as 'amnesty' will sure raise emotions.

    Having said that - it seems useful (irrespective of if illegals will also get benefited or only legals get benefits) for us - any bill that can potentially take thousands of people from the waiting list can also benefit people with <5 years anyways - so it should benefit everyone. Hell....even if there is a bill that grants greencards after 10 years of legal residence - I am sure it will ease the retrogession a lot (from all the stories in IV, I am sure there are quite a few still waiting after 10 years of legal residence). Whether such bill can be passed in the near future (in 2009) is another matter and I highly doubt it.


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  • punjabi
    07-13 09:53 AM

    I suggest you do it right away. I mean, keep papers and application ready. And Fedex it on 31st July evening.

    Good Luck, my friend!

    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

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  • dilber
    06-06 03:53 PM
    We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.

    No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.

    Here are our dates for those interested in tracking.

    PD: Jan 29, 2004, EB2
    Ohio labor approved - Oct 2004
    45 day letter - Jan 2005
    Labor approved from Dalla BEC - June 2006
    I I140 regular, non concurrent approved - Sept 2006
    I 485 sent to Nebraska - July 13 2007
    EAD approved - Oct 2007
    I485 approval email - June,06, 2008

    Congratulations Bothi_Tree and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours


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  • uma_vishi
    02-24 12:10 PM
    i'm on L1B visa.I came to US on L1B in 2005 with one year petition and got extension
    for 3 years. meanwhile i left to India in June 2007. And then i came back with new L1B petiotion in Oct 2007 which is valid till Sep-2010.Now my question is

    1) Is my L1B stay reached to maximum or do i still have 2 years left with my new L1B.
    2) If i apply for H1 this year how many years of stay i'll get with H1B.

    Please help me with this madam as soon as possible.

    Thanks in Advance.

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  • a_yaja
    06-25 02:02 PM
    A lot of information has been posted regarding items required for I-485 filing. However, I was not able to find one that was broken down form-wise. Hence, I came up with a list after going through the three forms individually. Please help me correct it by changing wrong info/ adding any ommisions on my part.

    I-485 Check List
    � Birth Certificate
    � Copy of page with nonimmigrant visa
    � Photos � 2 nos.
    � Write A# or name with a pencil on the back of the photos
    � Finger Printing (this is done after the I-485 is filed)
    � Medical Exam Form (I-693)
    � Form G-325A (this does not have a check list)
    Evidence of Status
    o Copy of I-94 showing admission to the United States
    o Copy of approval of I129 extension (H1B extension notice) for primary
    o Copy of approval of I539 (H4 extension)
    � Employment Letter from Employer (original)
    Evidence of eligibility
    o Copy of I-140 approval (primary applicant)
    o Copy of Marriage Certificate (derivative status)
    � Filing Fee

    I-131 Check List
    � Govt. ID (driver�s lic. Or passport)
    � AOS Receipt (not required for first time filing along with I-485 form)
    � Photos � 2 nos.
    � Write A# or name with a pencil on the back of the photos
    � Letter explaining why you require AP
    � Filing Fee

    I-765 Check List (submit in following order)
    � Copy of I-94 (front and back)
    � Copy of last EAD (for renewal only)
    � Photos � 2 nos.
    � Write A# or name with a pencil on the back of the photos
    � Filing Fee


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  • curiouscinci
    10-17 06:33 PM
    Hi, I am working for Company ABC on L1 B, I-94 valid till mid2008.
    I will get married in Feb08 and bring my spouse on L2 visa here.
    She intends to work in the US. I understand that I can get her EAD.
    If her employer processes her GC . Am I eligible to be added on that.
    Basically, if her GC processing starts, is it possible for me to work here irrespective of my visa status.
    Kindly advise on this scenario. We both want to work in the US and I want to switch job provided she is able to continue to work also.

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  • luvschocolates
    08-21 11:52 AM
    I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
    Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
    If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
    My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
    Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.

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  • mirage
    02-04 09:56 AM

    I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time it could be few days in Washington!! please PM me.
    Again we are not creating any organization or anything, we are not going against IV's agenda. This is also a part of IV's agenda, but for now our sole agenda will be to bring a 2 line bill to remove country quota or increase the country cap(whichever can fly).

    PS : For EB-3 India, unless country cap is removed or increased, you can presume you GC application dead forever...For EB-2 India It'll be a long journey for people with PDs sooner than 2005...


    07-11 02:20 PM
    My details:
    Case # D-05175-8nnnn
    PD : 13th January, 2003
    SWA: WI/Non-RIR/EB3
    Never made to Regional
    45 Day Letter Recd & Replied: 05/2/06
    Job Posted on AJB: 04/12/07
    RI Received: 04/17/07
    Recruitment Period: 04/27/2007-05/28/2007
    Recruitment docs submitted: 06/28/2007
    BEC Online Status: In-Process

    12-27 09:03 AM
    I have a home mortgage and also a 529 for my daughter. The H1 approval notice is good enough. I guess one just needs to look around for other options.

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