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  • vivid_bharti
    05-26 11:29 PM
    Very nice!!!! You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
    The credit card may not be charged, may be charged twice or a valid CC may get rejected.





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  • ivar
    06-30 08:34 AM
    I had a copy of approved I-140 (EB2) with PD Mar 06. I had to file for new labor in Apr 09, after i got my labor my lawyer filed for new I-140 with a copy of earlier approved I-140. I remember she was saying that they will also write a cover letter to recapture earlier priority date (I don't have a copy of that). So i believe porting can be done easily when filing new I-140 rather than after I-140 approval (i am not saying you cannot do after new I-140 approval but it takes extra effort, time and energy ).


    In the interest of others in a similar situation can you post the exact process that you or your lawyer finally followed to get a successful porting of PD?





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  • GCapplicant
    06-15 11:57 AM
    Hi guys,
    I just want to ask a question:Should we take Medical exam now it self or wait until we receive any letter from them for Medical exam...Can we attach it along with our forms





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  • Macaca
    02-05 01:57 PM
    As I have argued in another post, this does not mean that the office is not aware of the problem. I think it means that they know the problem but don't have a good answer. This is a common strategy when you don't have a good answer.

    I put the line "I am not requesting H1B quota increase" as my first line. I still got the above rant. The last line says they will keep EB GC issue in mind. They know the problem.



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  • vjkypally
    03-26 12:39 AM
    can you please let me know what RFE was about, PM me if you dont want it to be public.Its more than 7 months for me too.Applied : Jul 7, 2007
    RD: Jul 13, 2007
    RFE: Mar 6, 2008
    Yet to reply to RFE..





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  • pappu
    05-01 09:50 AM
    Not sure if anyone experienced this, but on 2 computers this site, antivirus software detected a virus & my work PC (protected with McAfee) is not booting up, IT said my hard drive has been corrupted. My laptop survived with a freeware anti virus. Please don't give me reds, this is what happened to me, I just wanted to warn any unprotected members of IV.

    This happened with me too yesterday and I wondered why it happened. I did get an alert message asking for this 'Trojan Horse ' to be put in vault'. It happened exactly while I opened this link and went to this site. Someone should send email to the owner of this blog to alert him.

    My computer crashed several times after that and I had to reinstall OS to get rid of this virus. I am now in the process of installing all softwares again. All my strong anti-virus defense systems failed to stop this virus.



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  • Vlora
    10-23 05:41 PM
    No; the 485 approval and name check are two different things. Even after 485 is approved and your PD is current, you don't get the GC until the name check is cleared.

    Interesting, Murthy's report (http://www.murthy.com/mb_pdf/apr2304.pdf) makes a different interpretation. qplearn, could you please clarify your sources or shed some more light on the issue?:confused:
    For the record, filed I-140 and I-485 concurrently (EB2) on June 21 at NSC. Got FP, my wife got EAD.





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  • Macaca
    09-19 01:10 PM
    Thank you very very much!

    Sent $100 earlier and an extra $200 now.
    Google: 172399199441976

    If you have not contributed yet: This is money well spent. Changes has started to happen already, thanks to IV. Just renewing AP, EAD, H1B every year will cost a lot more than this.



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  • amsgc
    06-20 02:26 PM
    Dude,

    The update was posted last night for members who signed up: http://groups.google.com/group/goivgaiv?hl=en


    Same here. GA chapter google groups member





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  • waiting_4_gc
    07-14 11:30 PM
    http://www.petitionspot.com/petitions/loudobbs

    I plan to send this to all Time Warner/CNN executives once I have enough signatures.

    Dear pmb76,
    I just signed it with one suggestion.



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  • Dj-Studios
    05-15 04:54 PM
    Sweet! You wanna set rules or me?





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  • chanduv23
    03-16 01:38 PM
    well - for the antis - the ONLY post they liked seems to be "pack your bags and go home". Lets not try to force ourselves to satisfy them.

    Now, when it comes to out of status issues - lot of people do genuinely fall out of status. There is nothing called exploiting the loophole unless someone breaks the laws.

    It is obvious that one must not be on bench, or after layoff without a job. There is no room for loopholes.

    We have always seen that USCIS does treat every petition for renewal on a case to case basis. Grace period (considerable) has been considered for genuine cases.

    Infighting is common - it happens everywhere. People seldom change.

    See - IV is not something like a freedom movement or asking for rights for poor or downtrodden - IV is basically a group of immigrants who are skilled and well educated who want to lobby for a change in system and sort issues. Everyone here has their own selfish motive and that's why this infighting among eb2 vs eb3 , MS vs BS, India vs ROW et al......

    So lets not worry too much because antis paint all of us together because of actions of some people. If people realize and change - well it is good for all - otherwise - "we cannot make the horse drink water .." you know what I mean



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  • Ramba
    01-10 06:27 PM
    If he stayed for 180 days and used AC21 then AC21 WILL protect this person

    Not exactly. That person has more leverage, even if he/she does not worked 180 days after filing 485. How? If that first guy worked considerable period of time with that employer in H1B status, and if that guy was working with that employer when that (fradulant?) employer filed LC and 140, he has a strong intent to work for that employer. In no court employer can win. Even if that guy left with in 2 months after 485 filing date, he is so safe.

    Read the recent AC21 memo. It clarly says one can leave the sponsering employer before 6 months of 485 pending, if the intent is strong in both parties at the time of filing 485. The AC21 rule is that, a if 485 is not adjudicated in 180 days, it is a valid one for a new job which is similar to the orginal one. That does not mean that one has to wait atleast 6 months to change the job.

    Here is the part of memo

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.





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  • maverick_neo
    08-14 01:44 PM
    I have applied for Advanced parole at the end of July 2007. My H1B visa is expired, but my H1B petition is still valid. Should I just take the risk of traveling and try to get H1B visa renewed to re-enter ?

    OR should I just keep waiting for Advanced Parole to be approved ? I can wait until end of November 2007. But I am not sure whether I should plan to travel in Dec 2007 or not. I dont know how long its going to take to get the approved AP.

    Any thoughts ?? Do any of the July filers who have filed for AP know what time frame should we expect for approval of I-131 (AP) ?


    :confused:

    Thanks in advance



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  • vamsi_poondla
    11-08 07:54 AM
    What if France is at par or worst than USA for immigration/visa purposes? Your fresh start may become rotten there too.

    France is not that bad if you can learn French (that could mean hate English..just kidding).

    All the best for your business school decision. It is a great choice.

    Vamsi





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  • abhishek101
    02-08 11:43 AM
    Hello guys,

    My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
    1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
    2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
    2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
    3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
    4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?

    Others, please feel free to add to the list of questions.
    Thanks
    1. You can walk to your local SSN office and ask them about the lockdown on SSN.

    Ideally if you are near 40 quarters of SSN contribution I will stay here few quarters longer to make it to 40 quarters. This way even if you are in India you will get some money when you retire ( few 100 dollars are not bad). ( I know about SSN and its problems but still there will be something there)

    2. There is nothing in 401K laws that says you can withdraw the money before you turn 59.5, but you can try to establish a case of hardship and see. The predefined cases are here

    401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)

    2.1 The Penalty is not 40% it is only 10%, (usually the way it goes in 30% tax + 10% penalty gives a total of 40% loss). But as someone suggested you can withdraw it in phases and not pay the taxes, in that case you will only pay the 10% penalty. I will consult a tax attorney to get more information on this.

    also r2i websites are great help.

    Good Luck



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  • tabletpc
    09-19 03:26 PM
    :D:D:D:D

    When I look at my PD, I feel I am going to have some US citizen grand sons/daughters too. Anti-immigration groups call this "Anchor Child".





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  • bugmenot
    03-17 01:03 PM
    I Agree, good post, one of the more beneficial ones in here, continue posting articles that you think are of benefit to the community irrespective of the source or what some others think.





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  • dummgelauft
    04-20 09:48 AM
    All of of this, writing to the president, congressman/congresswoman are fine, but PLEASE, PLEASE make sure, that the following are adhered to:

    (1) Address the President as "Honorable Mr. President", and not "Hello Mr. Obama"

    (2) Please please please apply spell check and make sure that your letter/email/fax is grammatically correct. All of us claim to be "best and brightest" and "highly educated", but having seen the composition skills and grammar usage of a lot of us here, on IV, I would higly recommend having another person, who is more competent in the PROPER use of English language, take a look at whatever you write.

    (3) It would make sense to send letters (several thousands of them, if possible), to the President, on the same day. Even if a handful of these letters make it to his desk, each with same/similar content, but from different people, he just might notice it enough.





    JunRN
    08-26 06:02 PM
    Just thinking, is approval of EAD also meant that I-485 is accepted?





    manojp4
    06-15 03:01 AM
    I am in a similar situation too. Getting married in August. Planning to file my I-485 in July and get my spouse here on H4 visa in the first week of September. It seems (from some comments in this forum as well as elsewhere) that the dates may not retrogress for August, but there is a very real chance they will retrogress for September.

    You can "add" your spouse to the I-485 (note that technically it's not "adding", but filing an entirely new I-485 for your spouse) anytime before your GC gets approved (and after you get your I-485 filing receipt), provided the priority date is still current at the time of filing. But with the possibility of a big retrogression looming, this could be a long wait for some people.



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