Wednesday, June 15, 2011

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  • ajay
    03-14 09:30 PM
    Dear members,

    If you have received letters from USCIS asking for $5K for your FOIA request, Please fax a copy of that letter to Immigration Voice.

    We want to collect those letters and proceed with some big effort on this issue. It is thus important that we have lots of such letters from members.

    Please note the fax number

    Fax : (202) 403-3853

    or email the scanned copy to info at immigrationvoice.org

    Time is short and we need letters in the next couple of days if possible.

    I also just emailed.
    thanks.





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  • ntpatil
    04-26 05:17 PM
    Thanks UKannan,

    That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.

    Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.

    Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.





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  • Jbpvisa
    07-07 12:33 PM
    I give highest rating.





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  • fromnaija
    12-08 04:52 PM
    I think AP can also be mailed to a person who is not in the U.S. If that's the case, you could re-apply for AP once your old expires. Please verify with an attorney.

    AP could be mailed but the applicant MUST be in the USA at the time of application.



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  • eilsoe
    10-03 01:25 PM
    Allright....

    SPAM*MATH.ACOS(POW(INFINITY,INFINITY))/2*3+SIN(INFINITY+1)


    ::::eerie laughing is heard briefly, then a loud choking sound::::


    ::::mistyfying silence covers the land::::





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  • GC_LOOKIN
    05-08 11:27 PM
    I think if iam not wrong its not based of the priority date or anything else. Its just random
    we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..



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  • gc_chahiye
    10-05 05:08 PM
    If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.

    I agree with Ramba here. Go with EB3 now and get the I-140 approval so you can lock in the PD. After a few years can apply again in EB2 (through this, or some other employer) and port the PD over. Best of both worlds.





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  • deardar
    07-13 08:13 AM
    and marry a celebraty



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  • paskal
    07-08 10:18 PM
    nice job





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  • seeking_GC
    07-28 02:08 PM
    Hi Everyone,
    My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.

    Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?

    One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??

    Appreciate peoples inputs.



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  • GCAmigo
    07-23 04:41 PM
    My PERM was filed last November & Audit was replied in Feb'08.. still no no news..





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  • english_august
    07-09 07:56 AM
    Please refer to this thread:
    http://immigrationvoice.org/forum/showthread.php?p=103700



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  • anilsal
    01-20 08:56 PM
    A passport is provided to an individual as a sign of his citizenship.

    I wonder why they are doing 1 year passports.





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  • snowshoe
    12-18 08:53 AM
    Raj,

    Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.

    Can you please let me know:
    - which Mexican consulate did you get your Mexican tourist visa?
    - did you take an appointment before going to the consulate?
    - what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
    - did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.


    Thanks again.

    Buddy

    When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.

    Thanks
    Raj



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  • sr1973
    08-06 12:28 PM
    The only LUD was on my 140, which is on 7/13 - There was no LUD on any other applications H1, EAD, AP - One LUD today after the status change. Hope this helps.

    Wandmaker,
    Wondering if you ever checked if your namecheck was cleared or not.





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  • number30
    04-21 12:50 PM
    Hello Everyone!

    I need opinion on whether one can change location after labor is approved for one area.
    Let�s assume one is working for company X in city A. Labor is approved (I-140 is filed) and company wants you to relocate to city B.
    How does this impact GC process?
    Do you have to start again?
    Or one can carry PD from prior Labor?

    Your inputs will be greatly appreciated. My husband and I are trying to decide the best strategy going forward since our latest fiasco with labor due to negligence on lawyer's part.

    Best


    In future(i.e. after getting green card) if your company has an intent to bring to back to same location and you are intending to original location you are fine.
    Also AC-21 allows you to change the job and location.



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  • dummgelauft
    05-07 12:11 PM
    To all of you who get the adrenalin rush on seeing a LUD...

    When you dust a bookcase, you may take the books out, dust them one by one and then put them back in to the bookcase. That does not mean that you READ all or any of the books.

    Do you get my drift...
    Stop getting excited and opening new threads on LUDS. These mean diddly squat.
    None of this means anything, so long as YOU YOURSELF are not holding the ACTUAL GREEN CARD, with YOUR NAME and YOUR PICTURE on it, in YOUR OWN hands.





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  • EB-VoiceImmigration
    02-24 08:50 PM
    Moving to the Faster Lane : Changing EB3 to EB2

    We at the Murthy Law Firm receive many inquiries as to whether it is possible for an individual with an employment-based, third preference (EB3) case to change to the employment-based, second preference (EB2) category. As explained in this article, it is possible for many some people to make this transition. When combined with the potential to retain the priority date from the earlier employment-based (EB) case, this can be a powerful tool for qualified individuals to obtain permanent residence, or the "green card," much earlier.

    EB3 Cannot Simply be Changed to EB2

    Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, "No." The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.

    New EB2 Case Filing Based on Minimum Job Requirements

    It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one's own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.

    New EB2 Filing Permissible with Job Change

    It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.

    Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.

    EB2 Filing can be with Existing or New Employer

    As explained above, in order to move from EB3 to EB2 it is necessary to start over with an entirely new labor certification. This often is filed through a new employer, when an individual has moved to a different job.

    It potentially could be filed through the same employer that filed the EB3 labor certification. This could be appropriate if one obtained a promotion or otherwise moved into an EB2 job. If filing through the same employer, the employee ideally should have completed the minimum years of work experience for the EB2 position before starting work with the current employer. This is because there are legal issues and potential restrictions when relying on the experience gained with the same employer to qualify for the new job. These issues should be analyzed and discussed with an attorney experienced and knowledgeable immigration law.

    Transfer of Earlier Priority Date to New Case Filing

    The greatest benefit to utilizing the strategy of re-filing comes in the potential to retain the priority date from the EB3 case. This option exists if the EB3 I-140 petition has been approved. If so, then it is possible to request retention of this priority date in the later-filed EB2 case. This means that it potentially is possible to transfer the earlier EB3 priority date to the later-filed EB2 case with a new or the same employer. In many cases, this means that the individual could have a current or closer-to-current priority date, thus saving many years of waiting to become eligible for permanent residence.

    There are some issues with respect to retention of the priority date if the I-140 has been revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or misrepresentation.

    Is Earlier EB3 Filing Made Vulnerable by Filing New EB2?

    Most people inquiring about this option are concerned about any potential risks to their current EB3 cases. There are some procedural options with respect to the final step in the re-filed cases. However, it is possible to process the new case without risk of disruption to the EB3 case. This assumes that all information provided in the course of the prior filing was accurate.

    A new labor certification filing, even if not approved, would not disrupt a prior approval. The same holds true for an I-140 filing. Conversely, approvals of the labor certification and I-140 do not disrupt or displace existing approvals. It is possible to have multiple approvals of labor certifications and I-140s for the same individual. Even when the request to retain the earlier priority date from the EB3 case is granted, the prior EB3 case remains undisturbed. There is nothing transferred or taken away from the EB3 case in the process of requesting that the EB2 case be assigned the same priority date.

    At the final stage, there are options as to how to complete the case. The pros and cons should be discussed with a qualified immigration attorney. It is possible to proceed with the cases essentially in parallel, allowing for two cases and two potential avenues for eventual approval of permanent residence. The best way to proceed depends upon one's situation and, ideally, should be analyzed to consider the risks and options. What is helpful to most people, however, is that they do not have to risk their current EB3 cases to try to move to EB2.

    Conclusion

    At the Murthy Law Firm, we have successfully utilized the strategy discussed in this article for many of our clients by filing for each a new EB2 case with the same or a new employer. While it requires starting over with a new labor certification, for many it offers a significant advantage in terms of timing when the earlier priority date can be retained. MurthyDotCom and MurthyBulletin readers who wish to explore this option further should contact the Murthy Law Firm to help them with this process or for a consultation to determine whether it is appropriate for them.

    Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved





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  • lostinbeta
    10-20 02:13 AM
    Very nice as usual edwin :)





    tnite
    10-05 09:32 AM
    My self and my wife both are on H1B. Both are working for different companies.

    I filled I 485, EAD and AP through my company, for my self and my wife.

    Questions:
    1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

    2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.



    Your help will be really appreciated. :)

    Check this thread http://immigrationvoice.org/forum/showthread.php?t=14138
    The questions are the same.thats why someone asked whether you're related to eadguru





    CHHAYA
    04-20 01:19 PM
    I filed on March 10 2011 at texas service center, check was cashed on 3/15. Hope that helps.

    Thanks.



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