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  • satyachowdary
    03-09 07:44 PM
    Can some one suggest a good lawyer in NJ/NY areas to handle my AC-21 case.

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  • rameshvaid
    10-16 09:47 PM
    Do the right thing. Don't try to find a loophole.

    It is possible to convert from B1 to H1, I did the same in 2002 but he can not work till he gets his H1 approved. Simply applying and getting the receipt notice will not make him eligible to work and if he works and is caught he will be deportrd and will not be permitted to come back ever again. He will be under H1 cap also and will have to apply when next year quota opens. You also said that he got all his H1 papers then why he wants to risk it. Best route will be to get H1 stamped in India and come here.

    Considering if all that is done, he will still be exploited by his employer if comes on B1 and will have no legal status to work. It takes anywhere between 3 -6 months to get the H1 approved here in US. I assume he is going to work for a desi company or consultant, no American company will encourage this route. He can not get is SS# also till he gets his H1 approved and no question of getting Driver's Licence.

    Tell your friend to weigh pros and cons before he decide to come on B1..We all know what we are going through with this broken immigration system..

    Good Luck..


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  • dilipcpa
    08-19 07:19 PM
    My EAD is approved for 2 years last week, Today my attorney sent me I-140 reference answered is due by 1st Nov,

    I will really appreciate your advise. My I-140 is filed for Accounting analyst.

    My PD date is in Dec. 2006

    As per Reference:

    1) Please provide evidence (in the form of official academic transcript) of any additional education the beneficiary has obtained prior to Dec. 2006

    2)The other one is for Company 's ability to pay and for my payroll records after PD to current. (This is not an issue as my firm is financially sound)

    My I-140 is filed under skilled category, with 3 years eqiuvalent Bachelors degree, evaluated by degreepeople.

    I have additional 2 years certification corses in business adminstration not considered by my attorney.

    I will appreciate if some one can provide me better attorney to handle this case.

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  • unseenguy
    06-24 08:29 AM
    You are worrying about nothing. Have fun and enjoy life


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  • jkays94
    05-17 07:33 PM
    My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

    The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.

    Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc

    Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :

    In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.

    While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :

    Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (
    A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.

    Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.

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  • pd052009
    09-13 02:55 PM
    I think your postings in EB3-EB2 discussions made you infamous.


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  • pmpforgc
    11-01 02:49 PM
    Dear Friends

    My I-140 (Sch-A cat-II, recipt date 08/24/2006, upgraded to premium on Oct-25) got approved on Oct-30, 2006

    My I-485 was also filed concurrently. I already got finger printed 09/06/06 and there were LUDs on I-485s after that on O9/07/06 and 09/14/06.

    After my I-140 approval on Oct-30, My and my families I-485s has LUDs on 10/31/06 and 11/1/06.

    Based on your experience, does the recent LUDs on my I-485s suggest some type of approval process?

    Can you share your expereiences and knowledge and tell me what these recent LUDs on my I-485s means?


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  • shar533
    05-23 11:03 AM
    Mr Aggarwal
    Thanks a lot for clarification. So that means I dont have to worry about anything and if USCIS approve my case that shall be for 1 year and 4 days.


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  • codehari
    04-09 12:46 PM
    I did the same cruise with just Drivers License.

    As ship travels in US waters no need to have VISA Stamping...

    Unlike Alaska cruise ships leave US waters and enters Internationa waters, so you need VISA.


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  • hopefulgc
    03-14 10:09 AM
    Ask for 3 year validity also.
    Also if the guy is renewing ead/ap, it can and should happen electronically.

    I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
    Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..


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  • anilsal
    08-05 03:24 PM
    Probably that is what will happen. The last 45 days have been extremely stressful on the applicants and lawyers. I hope USCIS ignores some simple mistakes.

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  • omved
    07-17 06:48 PM
    We should thank them all who worked for the cause. An official thank you gesture from IV would be sufficient I guess...


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  • nozerd
    01-20 11:51 AM
    Core team,
    Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?

    No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.

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  • ImmiRam
    09-13 04:57 PM
    I am sure you are well aquinted with IV and EB process.

    You proudly keep profile incomplete....
    Post a "noval" idea about law suit in first few posts (most likely you have another IV handle too).....

    still wondering why you are so "famous"....

    The rudeness some of the members display here amazez me...Yes, my profile is incomplete, but I still went ahead and made donation...not that I a, bragging but it speaks about commitment. Since my profile is incomplete, it gives you right to be Rude ? And why cannot I post about lawsuits in first few posts ? I dont get what you are trying to convey. Am I missing something here? I thought we are all professionals here, guess I am wrong.


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  • optimystic
    09-10 04:43 PM
    Glad you liked my thoughts. Just felt this might be a novel and practical campaign rather than doing flowers again or something else.

    I think IV can even have such cubes available as IV merchandice and people can donate via a 'Send a F cube to USCIS' button probably !

    << BEGIN: Shameless request :
    If you liked my ideas please give me some green dots so I could become eligible for IV chat. :)
    END : Shameless request >>

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  • Singer
    11-22 08:33 AM
    Hello VictimOfGc,

    Thank you for your first reply.
    I gad lost my password and read your previous post only yesterday.

    As you know, the decision of denying my husband's and mine I-485 could not be not appealed. I have also never stated the uscis denial reason, as I did not have it when I posted my question. They have stated that we had traveled abroad without Advance Parole, so they were considering that we have abandoned our GC petition. We came back to the country with my O-1 visa and my husband O-3.
    The first problem raised by a friend of mine lawyer (I did not have a lawyer retained anymore) was that uscis violated my constitutional rights. They SHOULD have sent me an official letter back in August stating that they were reopening or intended to reopen my 485 case! Nothing was sent. Beside my I-140 and my RFE on the I485 I did not receive anything else. So even if legally they were "right" to deny my 485, uscis has comited SO many mistakes on my case that I have been told they could let it slide on this one.
    From that moment on I have decided that I will fight them till the end and that I would not pay them one cent! Because at the end of the day, it is all about money and more money in their "crooks" pocket. I contacted my Congresswoman, my Senator, and a Congressman from another state than mine. I had gathered all the proofs and all documentations for the last 3 years and posted them on a server, so everyone involved could review them. Those three elected officials called them and spoke to uscis congressional liaison. This went on for two weeks.

    Friday the 13th we received our green cards!


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  • god_bless_you
    04-24 06:07 PM
    Your day too will come soon when it is decided to come..
    God bless you, ALL

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  • rnanchal
    12-09 01:27 PM
    Time for the infighting, squabling, derogatory remarks and narrow mindedness to reach new heights

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  • desibechara
    08-01 07:35 PM

    I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.

    I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.

    I am getting experience letter from first employer but second employer where I worked for 4 months has no record.

    Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.

    Please let me that is risky or will come back with RFE?


    10-13 04:08 PM
    I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?

    daily jobs
    02-11 06:07 AM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.The actual category determine at the stage of I-140 as you ask USCIS to consider the case as EB2 or EB3 but to ask the EB2 or EB3 at I-140 stage the job description as well educational requirements should be filled in labor such a way so you can support the EB2/EB3 at I-140 stage.:eek:

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