Thursday, June 9, 2011

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  • transpass
    03-23 05:07 PM
    Hello gurus,
    need little help from you guys. Right now i am on H1b.
    I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).

    I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
    so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???

    H1bdude1

    As far as I know, the OPT A# is different from what you will get from filing 140. Once you receive 140 approval notice, it should have the A# which you can use on 485...If you don't have one or don't know, leave it blank...





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  • va_dude
    05-07 04:05 PM
    Yes i did see a LUD on the uscis website for my 485 a couple of weeks back.

    So i guess the LUD stuff still works irrespective of the "chimps" using "champs".





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  • hopelessGC
    11-10 01:26 PM
    I'd like to know the answer to this one as well. There are people who have invoked AC-21 and would like to know how they went abou this.





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  • psk79
    05-27 01:13 PM
    Also, Can anyone tell if we can mail both AP/EAD in the same package to the same address? It shows differnet PO Box numbers for teh EAD TSC and AP TSC.

    Thanks.



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  • DSLStart
    01-28 01:02 PM
    Not to disappoint you but in this case appeal does not have a good chance. Look at the link here (http://www.eichorn-law.com/CM/IntheNews/6.1.10%20Xpedite%20Technologies%20-%20BALCA%20affirms%20denial%20for%20travel%20requi rement%20in%20advertisements%20but%20not%20in%2090 89.pdf)...



    Hi,..
    My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
    Reason - travel language in the notice of filing but not on form 9089.

    Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?

    As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
    thanks,..





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  • alterego
    10-27 07:58 PM
    I think the lawyer wants her to get the h4 stamped so she can stay in status in case of any problems with the 485, especially since you are maintaining your H1b/AOS pending on which she is a dependent.
    Since she has not used the H1b or got it stamped and since you have applied for 485 before it was to take effect, she is safe with your dependent 485 AOS and H4 status. Cancelling her H1b will benefit you guys from any confusion at the consulate. Either way the AP will allow her to return in AOS without problems.



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  • sri1309
    11-04 07:01 PM
    Please delete this thread, Admin.

    We believe this guy did it by mistake.. pls dont shout at him..





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  • deardar
    02-08 08:20 AM
    Who are comming from USA ,did have particular consulate to attend.

    How long have you been in usa ?
    Is this your first time revalidation ?



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  • pom
    04-28 11:34 AM
    Originally posted by cybergold
    Hey Pom, where is Senocular's Robot, it was a very nice one. Deeply sorry :x I've fixed it now...





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  • jungalee43
    08-27 02:52 PM
    Dear Attorney Prashanthi Reddy,
    Thank you very much for your reply. It helps a lot comforting and relieving tension in the family.
    The denial notice is clear on revocation and withdrawl. My previous employer wrote to them one day after I resigned. He did not waste any time in that.
    Surprisingly the denial notice is silent on the two RFEs and our replies and evidence submitted. It mentions when the I-140 was filed, approved and then the date my first employer advised them to revoke. And then it says "based on forgoing disccussion it is ordered to deny..."
    Once again thanks a lot for your reply.



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  • Redeye
    04-09 03:05 PM
    First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.

    I have I-140 approved with more than 180 days with I-485 pending.
    I still have valid H1.
    Can someone be with their sponsoring employer on H1 and start business on EAD part time.





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  • perm2gc
    06-20 12:09 AM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote
    he can file but if you are thinking the dates will current until your perm LC is approved may be wrong.



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  • pmamp
    02-26 09:24 AM
    Can someone please throw some light on this? Thanks





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  • ski_dude12
    05-04 02:34 PM
    Thanks for the reply.



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  • uma001
    03-26 02:13 PM
    90 K





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  • kishdam
    10-18 05:08 PM
    My employer is not giving me copy of Labour certificate. I know all numbers. Do I need a copy of AC21

    I'm not an expert but thru these forums got the understanding that you dont need a copy of labor cert (if you have its even better). Most employers dont share that anyway - except maybe the desi consulting companies (we may not like them but sometimes for GC purposes I feel that they are ideal companies - atleast they understand what we are talking about).

    Regarding I140 - I am not sure but saw conficting opinions - some thought its OK even without a copy of this one too but some suggested its better to get one. In any case having the case numbers would help I guess.

    Is I485 receipt may be needed.



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  • abhijitp
    01-26 05:46 PM
    Did your write your letter?

    15 minutes of yout time could save you 6-12 years of waiting!





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  • Ramba
    09-16 01:20 PM
    The GC is based on good faith intention to have a permanent long term employer-employee relationship between sponsor and beneficiary. There is no prescribed time period to define �permanent� or �long term� in any law book. Each lawyer has their own interpretation. As most of the GC is thro sponsors, the sponsors has more power. If sponsor can able to successfully demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship, used employer just to get GC, then it may be a problem that leads to revocation of GC too. This is mostly possible in future employment category peoples. If any one worked for long term with sponsor before (or after) getting GC, then it is difficult for sponsor to demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship. Further, as AC21 gives 180 days as a time period for changing employment, 6 month period (either before or after getting GC) may be sufficient to work for sponsor.





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  • sagar_nyc
    08-15 11:28 AM
    Ramesh,
    Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.

    My advice to you is consult with good attorney.


    Here is my situation:

    My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.

    Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.

    Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).

    Questions:
    1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
    2. Can i join with company 'C' by invoking AC21?

    Please share your thoughts and experiences.





    kaisersose
    06-26 09:01 AM
    Hi,

    I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.

    I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

    My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

    Can any one suggest me on this?



    Thanks
    h12gc


    If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.

    Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.





    Springflower
    07-17 12:38 AM
    Thank you for your reply. Yes, I have signed all the forms and included all the documents. Wrote a cover letter listing all the documents in the packet(like Affidavits, W2's, Passport copy etc.), but in a hurry forgot to sign the cover letter.



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