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  • gc_chahiye
    12-18 12:49 PM
    I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.

    good point. Also keep in mind:
    - you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
    - recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.

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  • legalrights
    08-19 12:27 AM
    1) If one files I-140, I-485 and I-765 concurrently with Labor substitution, can he get EAD before the approval of I-140?
    ******Yes. Mine is a Labor substitution case and I got my EAD within Two months

    2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?

    *******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)

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  • HawaldarNaik
    03-04 06:07 PM
    Yes you can work from Home, i meant Home Country...:D

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  • nk2006
    07-04 04:00 PM
    Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.

    A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.

    Who knows how many more irregularities happened there during last two weeks.


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  • sathweb
    01-21 02:30 PM
    Dear IV Friends,

    Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.

    Please help if someone has any idea about the time taken to withdraw a PERM application.

    Thank you,


    Question: How can a pending application filed under PERM be withdrawn?

    If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.

    If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.

    Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?

    No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.

    (I think the same rule should apply for PERM and appealed case)

    EDIT: Sorry the following information seems to suggest otherwise.

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  • sobers
    05-03 09:18 PM
    In terms of fundraising IV crossed 100K ...that's awesome!
    I'm, and i'm sure a lot of others, are curious where we ended up with the May 1st drive...I think ragz4 mentioned 107K somewhere...folks?


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  • lord_labaku
    10-22 06:50 PM
    I am sorry, I dont know the answer to your question.

    But on the other hand, your friend, his hot shot MBA it in Wall Street? involving bundling mortgage based assets & leveraged options on those?

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  • fcres
    07-26 01:00 PM
    I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.

    You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.


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  • zico123
    05-17 01:53 PM
    According to BBC:

    The White House and the US Senate have reached a deal on an immigration bill that could give legal status to many of the 12m illegal immigrants in the US.

    Democratic Senator Edward Kennedy confirmed the agreement that would also establish a merit-based system for future migrants.

    US President George W Bush is expected to endorse the bill, which strengthens border controls, Mr Kennedy said.

    The proposal comes after months of bitterly fought debate over the issue.

    Points system

    After first paying visa fees and a $5,000 (�2,530) fine - and returning to their home country - illegal immigrants in the US would be eligible for the planned "Z visa".

    Holders of this proposed visa would have to wait between eight and 13 years for a decision on their permanent residency application.

    Another key component of the deal was the establishment of a "points system" that would emphasise new immigrants' education, language and job skills over family connections in awarding green cards.

    New limits would also apply to US citizens bringing foreign-born parents into the country.

    The bill also establishes a two-year temporary guest worker visa.

    Holders of this visa would be allowed to renew their papers twice, but would have to return home for a year between each stint, and would have virtually no chance of gaining permanent residency or citizenship under this program.

    The bill is expected to cause passionate debate in the Senate next week.

    Immigration reform has been one of Mr Bush's top priorities in government, after the so-called "war on terror".

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  • krishna_brc
    02-18 02:45 PM
    Should it not be OK to work for an Indian company (work from home - remote office)
    as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.



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  • acecupid
    07-05 01:22 PM

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  • rksaigal
    10-16 07:10 PM
    Wishing you all a Very Happy Diwali.


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  • rheoretro
    09-13 05:22 PM
    my american colleagues do know about immigration problem.....they dont give a jack.........afterall they dont even socialize much with co-workers....i am here in alabama.......i dont know how it is in other places...

    I can't help you because of your situation. Much better in other places.

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  • Jerrome
    10-18 05:56 PM
    I have got EAD and AP.I think i would not have got them if the 140 is not filled.

    I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.

    I wanted to know is there a way out.


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  • rpat1968
    09-17 06:07 PM
    My PD is July 2004,
    RD July 2, 2007 - NSC
    ND : Aug 9, 2007
    I-140 (EB2) approved in Nov 2006 (Single I140)
    NC Cleared Oct 2007
    Biometrics Updated by USCIS on Feb 2009
    Case Preajudicated on Apr 13 2009 after response to EVL Rfe received by USCIS.
    Last slud on Apr 14, 2009.

    I opened SR's on 3rd Sept 2009 to check the status of my I-485 and got a disturbing email that I am in EB3 category and visa not available. Opened another SR to clarify this but did not get proper reply. Also they said they cannot correct the EB category.
    Went for an infopass today and the IO told that my current EB classification is E37 and my spouse as E39. This means that I am in EB3. (See GC codes - GREEN CARD CATEGORY CODES (
    Look a like USCIS has put me in incorrect EB classfication. My Attorney said he will write to USCIS but I wanted to know if I can do anything to get this corrected.
    I wanted to know if anyone faced similar issue and how to fix this .
    Is there a normal/expedited way to contact USCIS-NSC to correct this type of issues?
    Because of this mistake I am seriously affected and losing precious time when the dates for EB2 are current.

    PLEASE HELP.:confused: :mad:

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  • kirupa
    04-22 05:22 PM
    sparky - I really like your third one. I haven't seen a lot of green stamps. Anyhoo, add some text like the dolllar/cent value of the stamp and I'll add it up :)


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  • tnite
    08-03 12:53 PM
    I got I-140 Notice returned as undeliverable.

    I got email notification on June 26 as approved and we will mail it to you.
    After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.

    I have a question the letter attorny got is pdf file or original by mail(post).
    Who will get the I -140 aaproval original letter?

    your attorney or employer (whoever filed it) will get the approval notice.

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  • ampudhukode
    03-24 07:01 PM

    This was his first job after graduation and has remained there since, so there is only one co to show experience from.

    I guess I will ask him to get something addressed for some other purpose like Tom suggested.


    Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.

    The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.

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  • absaarkhan
    06-12 05:54 PM
    What is "Letter of Acquirement’

    Can you please tell me what is "Letter of Acquirement’'

    My company is Acquired too, the New Employer just gave me a Letter Copy
    explaining the Merger, NO Official docs were shared with me.

    From whom did u get this letter.

    No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    "Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.


    01-09 01:46 PM
    it is not advisable to leave US while your extension is being processed. I would suggest waiting for it to get approved and then schedulingan appointment (in India) or in canada before leaving for india and get the new visa stamped.

    09-19 03:00 AM
    I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:

    1) Is it necessary to book tickets in India?

    2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?

    Please reply with your experiences.

    Thanks in advance!

    you can book from expedia/orbitz. We recently booked on American Airlines for parents.

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