Tuesday, June 28, 2011

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  • hineeta
    05-22 03:17 PM
    Our attorney told us to get documents ready to file I-485 as our PD of Jan 2004 might get current, hopefully. Unfortunately, my birth certificate does not have my name (at time of birth, name was not decided) but rest info is there. This makes for incomplete information on birth certificate. Here is what we have been advised to do (copied from attorney's mail):

    My question is has anyone got Nonavailability certificate in case of missing birth certificate from Delhi (my place of birth), India. If yes, please...........help me out and let me know how to go about it. My parents are not even sure which Municipalty branch to go to.......they are getting the affidavits ready, though.

    "Since your birth certificate is not available, you may obtain a Certificate of Non-Availability: This document is issued by a competent governmental authority confirming that the birth certificate does not exist. There is no set format for certificates of non-availability, but the document must indicate the reason the birth record does not exist, and indicate whether similar records for the time and place are available.

    You may also obtain a Affidavit of Birth: If a birth certificate does not exist, was issued more than one year after your birth, or does not contain all of the required information as stated above, a sworn affidavit executed by both parents (mother and father) may be submitted. "

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  • rajs
    03-17 08:46 PM
    cheaper than the life long of question
    what if i had done it

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  • fromnaija
    12-12 09:09 PM
    I am not an attorney but seeing as noone has answered your question here is my answer.

    Extension of H1 based on I-140 is part of AC21 and is intended for applicants who are in the USA in a valid H1 status. Since your H1 would have expired and you would be out of the USA, you cannot avail yourself of that provision. So, you will have to stay out for one year and then apply for a new H1.

    An attorney may answer now and correct me if I am wrong.

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  • yabadaba
    06-25 12:14 PM
    its not that complicated.. u could have signed the form last month and u can send it by july 2nd...it is not connected to anything.


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  • go2roomshare
    03-29 04:57 PM
    What I don't understand is why you are filing another I-140 when you already filed I-485? In any case you can use AC21 only after your 485 has been pending for more than 180 days.

    For PD porting you need to file I 140

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  • Munna Bhai
    11-01 08:27 AM
    Thanks for the information.


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  • manishcp
    09-07 10:49 AM

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  • justAnotherFile
    07-10 09:37 PM
    you can use OCT 02 EB3, file I-140, after it is approved you can port the Oct 02 PD for the EB2 application too. This way you will be current as soon as I-140 is approved, guaranteeed.

    EB2 will never go behing Oct 02.


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  • marcom10
    04-20 12:57 AM
    PS if you want a better laugh at that thing in my stamp IM me..southckid10..im on now :)

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  • krishna_brc
    02-02 05:01 PM
    Here is my situation and looking for any previous experience and suggestion from experts.

    I have my EAD valid for 2 years PD 05 EB2. I got a job from another company but vendor says I need to be in his payroll. Job wise everything is good. I want to join him on EAD.
    Here are my concerns

    1. Should file for AC21 or just keep quite till CIS sends a letter ?
    2. If I ensure my new job and old job responsibilities are same, am I safe ?

    Do you see any problems or advise me for anything.


    As long as New Job and Old Job are SAME/SIMILAR and assuming your I-40 is approved & 180 days passed, you should be perfectly fine.

    your previous employer is going to revoke I-140
    its better to file AC21
    just keep quite till CIS sends a letter
    END IF



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  • pappu
    02-01 10:32 PM
    also check a past blog i wrote few months ago--


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  • austingc
    08-07 12:01 PM
    I have probably a strange case .In 2007 when all the dates were current my employer filed I-140 & I485 at the same time in EB2 . I have received AP and EAD both according to standard procedure.I have maintained my H1B status. Then after a month or so I have received I-140 rejection due to different job requirement and I am overqualified for the job so my attorney interfiled new I-140 under EB3 without worrying about I 485 thinking since I 140 is denied it should nullify I485 under EB2 . In the mean time USCIS sent me a new I-485 receipt # . I got my I 140 approved in another six months under EB3 and now I have two I 485 receipt numbers as well as two A numbers. Both of the receipts when I checked the status show that it is under initial review. Shall I call USCIS and get rid of the initial I485 which is under EBII . Anyone had this kind of experience??

    I don't think you want to hear our openion to take action in your sitution. Talk to a good and reputable attorney to handle this case.


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  • quizzer
    11-04 01:10 PM
    what was ur I140 category and service center?

    what does the status show on uscis.gov and the last updated date (LUD)?


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  • loudobbs
    09-15 11:41 PM
    They dont show much of the cheerleaders in football games... unless it is a cheerleading contest......:p

    We know how much you like to be here in US - 300k Green Card petitions in July - madness, madness

    now do you expect everything to happen for you automatically and others do it for you when you sit on your couch gazing at the cheerleaders in a football game




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  • rc0878
    09-18 10:36 AM

    Just curious How Fast???

    I think it is better. Your EAD and AP will be processed faster because they are in CSC and your I-485 is in TSC, which is better than NSC.

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  • looivy
    12-22 12:45 PM
    could this be true?

    Repubs are the only one from whom we can expect support for legals.

    Dems didn't do sh%$ in first two years when they had majority in all chambers and now they are trying to make repubs look bad.


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  • paulinasmith
    08-11 07:06 PM
    Hi All,

    What is the priority date?There is an employer who filled PERM for me in October 2008 and the PERM was approved.I-140 was not filled.

    The employer laid me off due to bad economy. Can I still claim October 2008 as my priority date?


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  • Euinox
    05-20 01:10 PM
    I came to US in 2009 March (on H4 Visa) ,
    I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.

    Now I am on H4 till date.

    I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)

    Now I have inquired some other place and gone through different forums to get answer.
    Here is the query,
    If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??

    What kind of H1B petition I need to file and when it will get approved?
    Will this be a fresh H1B petition or something different?
    Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?

    Please help me in this issue. I will really appreciate your help.

    Any document/ link which shares light to similar issue is really helpful for me.

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  • sadshaq12
    11-18 04:03 PM
    Hi Gurus
    One question for you
    Can A2p the wages be pro rated ?

    if monthly wages for an employees is 1000 per month then it should be 12000 per year) company need to prove the ability to pay $12000 per year.

    but what if the LC was filed in mid year for example June 2005 and CIS RFE is asking to proof ability to pay (only One year) 2005
    can it been showed as June - december = 7 month and onwards

    $1000 x7= 7000
    is it good approch or no

    01-23 02:14 PM
    Dates are valid as of November 30, 2008. Texas is processing July 11, 2007 applications. Looks good. It means CIS finally has time to work on the deluge of applications they received in July 2007, even though the dates are not current yet. The approvals may still be far off, but at least we know that our apps are being worked upon.

    10-18 07:53 PM
    Whoops! Sorry, Mr K...guess I got a bit carried away creating themes instead of a single button. Trouble is, I can then never decide which of them I like the best!

    Thanks for the comments as well, folks.

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