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  • logiclife
    04-12 12:08 PM
    Here is the link to wikipedia article on Immigration Voice:


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  • Anders �stberg
    April 10th, 2004, 10:23 AM
    That's a good theory Fred, the gulls seem to get in a frenzy for instance if there is food around, so it wouldn't be unlikely that they get careless enough to fly into things.

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  • gcpool
    03-12 06:29 AM
    The above is right. But make sure its applied all over the application. If not the application will be returned to you. Use the above argument in the front and then attach both the I-140s and then mark on the I-140 which is original one and which ones priority date is being used.
    Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.

    It can be done at I-485 stage.

    Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification


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  • dealsnet
    05-07 01:35 PM
    Do not use some one's profile, if you want answer from any one. To make a new profile will take less than 10 minutes. If you don't have 10 minutes, then how other people spend their time to answer your questions. You want free advice, but you are not willing to join IV. This all shows the mindset of the people.
    Any way using some one's username and password is highly illegal. Ask IV moderator for permission to use some body's account. is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!

    the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!

    today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!

    i cannot reveal my identity or share my personal information in a public forum other than my location which is India.

    My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!

    if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.


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  • mp70
    07-19 03:51 AM
    Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.

    The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.

    Thanks MP70

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  • sankap
    07-20 01:10 PM
    We're in a unique situation. My wife and I married in India and didn't register our marriage; we're now citizens of country X. To get our marriage (and birth) certificate, we went to the local Indian consulate, which provides these services. But we were told that, since we're no longer Indian citizens, we should go to X's consulate. Is there a way we can get the certificates? How about registering our marriage in the US?

    For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through Is there a quicker solution?


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  • sasidhar79
    07-01 01:51 PM
    Now matter what , no other country has balls or guts to accept huge number of immigrants like US does, yes do you huge volume it is slow but the govt. is more aware of the fact that high skilled immigrants add to the benefit of their country compared to Canada (conservatives in liberal skin- because they have undocumented race based limitation), Britian(high skilled immigrants are usually colored therefore anything colored is considered not British) and Australia (how can a decent high skilled immigrant be accepted by bunch of outback thugs).

    Please observe all these countries' immigration policies in this day of economic downturn, all of them are actively shutting their doors except USA (comparatively). I think USA is more closer for me as a home after India, I got misled by Canada but after what happened in their Alberta Province's AINP program for H1b holders I realised that Canadian pasture is really not green it is just an illusion.

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  • istrategist
    03-19 10:54 PM
    First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?

    1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.

    2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.

    3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.

    4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.


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  • rique71
    05-17 02:56 PM
    ok thanks

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  • ujayra01
    05-10 08:03 PM
    I did apply PIO for my daughter 3 weeks ago and it's still processing. This is NY consulate. The status simply says couple more days!


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  • Becks
    02-17 04:51 PM
    It has been discussed many many times in IV and most of us have expert (!) knowledge about this I guess. Anyway go for AC21 with H1 Transfer if your new company can transfer H1. Otherwise go for EAD since you wont have any option.

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  • vsuri
    02-15 09:49 PM
    Bank denied a consumer loan ,after approval due to immigration status specifically they said no loan unless you are a citizen. i am a permanent resident , leaving in the US for over 15 years. Applying for naturalization this year. Also the same bank had approved a consumer loan 2 years ago and now they say "oh we made a mistake then". Case or no case? I think I have been discriminated against.

    Federal Trade Commission [FTC] indicates at:
    Mortgage Discrimination (
    "[A lender cannot] consider your sex, race, or national origin, although you will be asked to disclose this information voluntarily to help federal agencies enforce anti-discrimination laws. A creditor may consider your immigration status and whether you have the right to remain in the country long enough to repay the debt. "

    The above information is relevant to Mortgage loans, but other loans may be subject to similar anti-discrimination statutes.

    Follow the "If You Suspect Discrimination" section of the above web page to file a complaint.


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  • sammyb
    10-12 04:58 PM

    guess we are the only two on this thread .. isn't there anyone else in LI ... :confused:

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  • kondur_007
    08-16 06:29 PM
    Hello everyone -

    I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:

    1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?

    2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.

    Original title - Transportation Analyst/Engineer with 55K as salary

    New Title - Director of Transportation Systems and Services Engineering with 135K as salary

    Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.

    Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.


    I am not a lawyer, but to the best of my knowledge I can answer as follows:

    1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.

    2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.

    Good Luck.


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  • Ramba
    05-21 06:09 PM
    We are chasing behind so many stuffs at this important time. We should forget about the merits or demerits of point system. It can be good or bad. We should forget about how Z visa holders get more benefit than us. It is something not in our control and big politics behind everything in the bill. Therefore, we should not concentrate on this as it is not our objective. We should focus only to eliminate retro in EB ASAP. We should try to bring a simple amendment to the bill, so that retrogression in current EB ends ASAP.

    A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.

    We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy

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  • smisachu
    11-29 10:05 PM
    Consult a lawer. But you better tell the truth. The system is such that they can dig in all records.


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  • manisha5
    07-17 05:45 PM
    Hurrah!!! :D
    You guys did it.

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  • @ndy
    05-10 10:43 AM
    A lot of lawyers do not charge money for every question you ask if you are their client. You can easily email them and ask questions or post on their intranet. It is part of their service that helps them get more business.

    If your employer is their client, then of course the lawyer may not respond to you. Why should he?
    My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)

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  • gcformeornot
    02-01 08:55 AM
    I came to US on h1b in 2007.
    I got my labor substituted in 2007 in EB3. My priority date is December 2004.
    I got my 140 approved in january 2008. Its been 2 yrs since.
    I dont have EAD.
    I dont know when the date will be current. But the problem is,
    My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
    if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
    How much time its taking now a days to get the Labor and 140 in EB2.
    ANy help and advice in this regards will be very much appreciated

    so you came to US in 2007 and u substituted labor with PD 2004. how much did you pay for this?

    11-30 09:39 PM
    Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn�t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it�s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.

    The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.

    01-20 02:24 PM
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