Friday, June 24, 2011

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  • papajon
    06-18 02:23 PM
    Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?

    The lawyer said H1 can be extended while the appeal is still pending.

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  • desi3933
    08-06 12:53 PM
    I have 3 years degree (15 year education). I am not sure if I can file on EB2.
    You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.


    No, you can not. As one must have a single degree that is the "foreign equivalent degree" to a United States baccalaureate degree

    Please refer to similar case vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    US Permanent Resident since 2002

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  • martinvisalaw
    03-09 12:30 PM
    My understanding is, while your AOS is pending, you're in parolee status.

    You are only a "parolee" if you used Advance Parole to enter the US. Some people don't get AP, or don't use it.

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  • txuser
    03-10 03:57 PM
    Thats a valid question... sorry, but Im not sure on that - You'd probably need to check with an attorney...

    In my particular case, they filed for H1B transfer in Premium Processing.... So, I was told that the H1B transfer will be adjudicated prior to the L2 petition..... Eventually, the H1B transfer got denied and I got the L2 approval notice a couple of weeks down the line.

    I also believe that you can file for the L2 COS immediately after you come to know that your H1B petition has been denied. An attorney would be able to comment on whether this is legal or not.


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  • royus77
    05-30 09:36 PM
    Please help....I am in a little bit precarious situation here...

    I am frustrated working for Company A and I have a job offer from Company B..

    My question is if
    1: my I140 is approved from company A and
    2: have H1b extended for 3 years for company A
    3: get the H1b transferred over to Company B and then

    leave the Company A and join Company B
    Now Company A revokes I140

    Will by H1B with Company B still valid?

    If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .

    Just check with the attorney before moving I just gave my advise based on my research in the forums.


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  • viswanadh73
    01-03 02:53 PM
    hi i have a question here:

    suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
    Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
    so whose application processed first? is x's or Y's for final GC process.
    thanks for your answers.


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  • viswanadh73
    01-04 03:21 PM

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  • cygent
    12-31 05:25 PM
    My Friends,

    I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.

    I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!

    It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.

    I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
    {PayPal Payment Sent to "" (Unique Transaction ID #85N48789NY4311439)}

    And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.


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  • phigi
    08-18 11:36 PM
    Also, at this point there are some questions lingering around your 'consulting' agency. I'm pretty sure a 4 yr. degree from an accredited college/university is considered equivalent to BS here. I really have suspicions on the real cause that's being presented to you.
    You may want to check if your agency is employing others and if so, get in touch with one of them and gather facts.
    I am no expert on saving your status, hence I am not commenting.

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  • tb2904
    12-21 07:47 PM
    1. Fly directly to your home country - No transit visa required and no valid US visa required

    2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa. Please read my above post for the past expereinces.


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  • Leo07
    10-23 03:00 PM
    It's mandatory to file AR11. best part is, it takes less than 2 min to file it online.

    Here is the Link to do it online:

    1. For the A# in the form, Should I leave it blank?
    I left it blank, as I do not have a A# I'm on H1-B. Read the FAQ here:

    2. I wrote down the address where I go to "Work" everyday.

    3. One more thing that you'll need to know: On the Next screen where you click the "Update", You will be presented with:"Yes, I have a pending application with USCIS and "No, I do not have a pending application.

    Here I selected : "No", Since my H1B and 140 are already approved and I did not file for AOS, yet. So, in that sense, I do not have a pending application with USCIS. if you've filed for AOS, then obviously you;d select "Yes".( Sorry, I don't know what happens, if you select "yes")

    Hope this helps!

    I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.

    Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.

    If I file the AR-11 now. couple of questions.

    1. For the A# in the form, Should I leave it blank?

    2. For the section "I work for or attend school at : (Employer name or name of School)"
    I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.

    Please help...Thank you in advance.

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  • masti_Gai
    11-07 12:45 PM
    Mail this letter to your parents...
    when they are at POE they can hand over this letter to the immigration officer so that he can be sure that your parents won't be a liability in US


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  • immigration
    03-12 09:22 AM
    MN. You can call and tell them that you are using ITIN and will update with SSN when you have one.

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  • Googler
    02-14 04:24 PM
    "Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
    (1) never been authorized by Congress;
    (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
    (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."

    What a fabulous ruling this is.

    One question for Lazycis:

    # (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."

    As far as I can tell even (1) and (2) only apply to Naturalization applicants.

    So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision ( Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.


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  • glus
    01-20 05:04 PM
    Does that mean we are no more after the goal of I-485 provision (attached to appropriation bills in Feb) due to lack of contributions? There has been several posts even in other forums saying that IV has dropped this goal, and I tried quite a few times now to get some form of confirmation/denial from any of the core members, but without any luck yet. Also logiclife's announcement was removed from the home page!!

    It does mean that me need more funds. IV has not announced it has dropped the I485 idea. Now a lot depends on us, the members.


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  • 485_se_dukhi
    09-22 10:51 AM
    Very good article!!


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  • hemanth22
    06-20 04:43 PM
    Please advice on the usage of A number

    I came here as student and OPT before, the OPT had a A number

    In my approved I-140 i had a A number, both the numbers are different

    While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number

    Which number must i put in the field


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  • wandmaker
    10-30 12:19 PM
    I heard walk-in is the best way to advance. ASC can accommodate, if they have low volume for the day

    Is FP Prepone possible

    If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.

    If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.


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  • pnjbindia
    04-11 06:26 PM

    When I applied for my wife's AOS 3 weeks ago as a derivative, my lawyer also wrote in the cover letter to consider my case in cross chargeability.
    But I have not seen any LUDs on my case yet. One point is that , may be I have to wait till my wife has got her FP cleared? Or can I get my case approved before hers? My FP is cleared....

    Do you think they can give me the GC before my wife? Or they both have to come at the sametime... she is my AOS dependent, but i am using her country for cross chargeability.... any thoughts....

    Blog Feeds
    09-12 09:40 AM
    AILA Leadership Has Just Posted the Following:

    Today's guest blogger is William Stock (, member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer

    Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.

    The first trend is captured in this blog post ( by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.

    More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here ( are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley ( - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).

    The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop ( in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.

    While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.

    More... (

    07-13 10:57 AM
    If she has an EAD she should be fine with the status, if she does not have one, may be u could apply one for her

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