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  • uma001
    12-07 03:05 PM
    My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.

    Which position did your brother apply for and which technology?. 55 lakhs is too high for a person who has only 6 years of US experience.





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  • Janisaris
    12-18 07:47 PM
    I also see lot of LUDs on my I485 application. We filed our application on July 19th but the receipt date is November 1st. We received all our EADs and APs within 3 weeks and got our FP done on December 5th. Since then I am seeing bunch of LUDs on my I485. Even today they accessed my file. I am EB3 India with PD May 2004. My I140 was approved in 2006 and got an LUD on November 11th.

    Just letting you know that you are not alone.





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  • lazycis
    10-29 03:02 PM
    I found out (via attorney) that the right way to do it is to send a new G-28 form to USCIS. Put your name as a petitioner and as a representative, check box 4 (other) and write "I would like to represent myself in all matters related to my I-485 filing".





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  • coopheal
    02-10 02:15 PM
    5 Years should be fine.

    The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.

    Or

    As soon some one pays the federal tax for half a million dollars will be eligible for GC.

    With a minimum of 5 years of stay in the US and on any employment visa.

    All this employer sponsorship, labor, 140, 485 are BS.

    This is how it is all over Europe.

    In your sim city you can make these rule. However for the real world support IV initiatives for the best results.



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  • FinalGC
    11-09 08:54 AM
    Munna Bhai:

    You better get your 140 applied ASAP and hope that you get your approval before March 2007. Then you can apply for H1 for 3 years. I was in a similar boat and I got my 140 about 1.5 months before my H1 was expiring (8th year). I then used Premium Processing and got H1 in 4 days.

    It will be tough call if you can get a 1 year renewal...check with your lawyers


    Get moving fast man





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  • GCBy3000
    09-25 02:33 PM
    If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.

    Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?

    Any idea, whether this is possible?

    I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
    It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
    So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.



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  • leonqiu
    06-14 07:40 PM
    First, Congrats to everyone and IV Core Team!!

    Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).

    My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.

    My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?

    Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.





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  • varumo_varatho
    12-24 03:59 PM
    H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions.

    You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.

    Best of luck on your 140




    Cheeers !



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  • MeraNaamJoker
    09-15 01:30 PM
    First thank GOD for pulling you out of this mess.
    Instead of blowing the money in strip bar or any place like that, send it to India and ask them feed any orphans. You will be blessed more......





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  • jonty_11
    07-23 11:55 AM
    CA is expensive...I am sure more than PA...but the decision is yours man...However, I do not think this is the right forum for such questions. If you have issues with GC retrogression then fire away.



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  • gunsnkars
    10-17 12:10 PM
    Contract - Corp-to-Corp - Slave
    Contract - W2 - Slave
    Contract to Hire - Independent - Slave
    Contract to Hire - Last but not the least "SLAVE"

    "Any one with genuine answers"





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  • hopefulgc
    03-28 11:04 AM
    also, category selection (eb2, eb3 etc ) is not persistent in the session



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  • Aah_GC
    06-17 03:52 PM
    What my Attorney (Prashanti Reddy - who does free sessions on IV) said

    This is exactly right, if your I140 is revoked, you might as well get a NOID. So, make sure you keep all your GC-sponsored employer's releiving letter, paystubs for the post 180 days of I485 application. That is the only proof that you were employed legally with the GC-sponsoring employer for that 180 day period.

    On the AC21 - technically even if you are unemployed and yet have a similar / same job waiting for you, you should still end up getting your GC. I would strongly recommend to make the best use of AC21 and progress in your career.





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  • Templarian
    08-27 11:16 PM
    Double posting bump this thing.

    I just noticed we don't have a <3 hmm (to keep it traditional or actually a severed heart is the question).



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  • GCMan007
    06-09 01:20 PM
    That's encouraging, thanks for the info
    What is the InfoPass # to call. I'm in the same boat. PD: Dec 2003 EB2





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  • wandmaker
    10-29 12:43 PM
    If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?


    Please help...

    Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.



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  • Sachin_Stock
    09-18 10:40 AM
    I understand that the surrounding politico-activities are important, it was just the title of the thread "LIAR...." which drew my attention as if it was something related to IV/immigraition reforms of utmost concern. After reading the content it was not anywheres close to it.

    However I appreciate the information posted.





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  • vin13
    01-21 08:41 AM
    You can go for any reason. I recently got back using AP. They just verify if your AP is valid and let you in.





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  • gjoe
    08-21 02:35 PM
    Here you go. Are you one of the air signs ? :D

    If your answer is yes I will guess you sign





    gc_on_demand
    03-25 02:16 PM
    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.


    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?





    VMH_GC
    07-17 06:03 PM
    I pledge $100 right now to IV. I will make the payment tonight.



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