Monday, June 13, 2011

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  • girishvar
    08-12 07:27 AM
    People who follows Gotcher school of immigration follows CP over AOS. more details @

    I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!

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  • loveNpeace
    08-02 10:29 PM
    okay thanks for your replies..let me reiterate my situation.
    I have an Indian passport and I recently got my conditional GC (based on marriage to a USC).I am currently on a holiday in Australia .I got my single entry,3month visit visa to Australia,which was stamped across"Not valid for further travel" at the Sydney airport.

    Now my concern..I need to visit India in Sep and I was wondering if I could leave for India and return to Australia without having to apply for a visit visa again,now that I have my GC.
    Do I need to apply for visitor visa again to enter Australia ,eventhough I have a US GC (which enables anyone travel any country without a visa) and Indian passport.
    Please help answer my question....

    Thank you

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  • chumki
    12-17 07:06 PM
    My situation is I got LAID off.

    I had to change employment.


    Should I file Ac-21 ?

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  • lvinaykumar
    09-07 08:29 PM
    Well me almost in the same boat, have not applied EB2 140 yet, not sure what the process is


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  • starscream
    01-13 12:40 PM
    Hi oaktree,

    My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.

    My company's lawyers were certain that the denial was in error and hence they filed MTR.

    Is there anyway of taking advantage of the old priority date application that was denied with a new application.
    If you make a new PERM application you cannot use your old priority date.

    Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.

    I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.

    Dear Attornies,experts

    My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..

    Can I have multiple PERM applications from multiple employers at the same time, with different position titles?

    Is there anyway of taking advantage of the old priority date application that was denied with a new application.

    I almost lost 2 years in priority date because of this denial...

    Please suggest...

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  • Fugu
    01-11 03:02 PM
    The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.

    The company could file for your husband's PR while he is outside the US, and this is worth discussing.

    Thank you for your reply.

    The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.

    Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.

    I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.



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  • Paisano
    04-16 01:28 PM
    It is WITCH HUNTING brother.

    Below is the link about a case where an approved I-140 is going to be revoked because of this.

    140 Revoked on April 2nd.Out of country currently.Re-Entry on AP? (

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  • Munna Bhai
    08-28 07:52 AM
    I have an apporved I/140 and RD of I/485 in May 2007 under EB3. The PD is april 01 which is unavailable per current VB. My H1 is expiring in Jan 08 (9th yr extn.) Should I get my H1 extended and also can I do it myself? Kindly advise if I go for premium processing for H1 extn., can I get it extended for 3 yrs? Any related link for extn. be appreciated. Thanks

    yes, you can..infact complete immigration process you can do yourself without any lawyer but only for 1 year as your AOS is pending. Search this forum, you will find an email from one of member who has given complete list for H1b extension.


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  • TexasGC2011
    04-07 04:46 PM
    I was trying to use the Free Conference Call service to ask a question to the lawyer but was informed that the access code 388991 is incorrect. Has it been changed? If so, can someone provide the new code.

    Thank you very much for providing this invaluable service to the entire community.

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  • satishku_2000
    10-17 02:00 PM
    u should just do a walk in and see. i did a walk in with my wife and the guard did not even look for the date. just walk in and see what happens.. dont say u r there to prepone...if they see the date at that time..request/beg them based on ur circumstances.

    I did mine in Southern california and the set up is staffed by very few people and they were exceptionally helpful. I think just walking in may work.


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  • gc_dream07
    08-11 12:36 PM
    PD : March 2006
    RD : July 2, 2007

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  • misfortune13
    03-16 08:49 PM
    I love joining to this forum


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  • bluekayal
    09-08 01:19 AM
    approving 2 I-140s , one based on Schedule A priority date - 2006-- and then another one using the prior labor date 2004. And then when it comes to adjudication, refusing to accept the 2004 priority date.

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  • shaq
    08-11 09:34 AM
    Pd - 01/30/06
    Rd - 09/10/07


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  • pappu
    04-12 01:16 PM
    Please add Immigrationvoice links on other related topics in it. I tried doing that some time back but then saw them removed.

    Any wikipedia experts here?

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  • sw33t
    11-04 11:52 PM
    Alright folks:

    I need your help. We have 87 registered members in the Texas State Chapter and we have decided to shoot for 100 by the end of this week.

    If you are from Texas or know someone living in Texas, I request you to urge them to sign-up with the Texas State Chapter.

    We have some exciting events coming up and please use this opportunity to get notified of local events, critical updates and action items.

    Existing texas members, please keep this thread alive!

    GO OPERATION 100!!!!


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  • palemguy
    11-05 06:11 PM
    Mine is July 3 rd recieved date from NSC. My AP was approved on October 8, 2007. I got it my mail on Nov 2, 2007. I haven't get my EAD yet.

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  • qualified_trash
    12-12 03:43 PM
    You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.
    very true!!

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  • kiwi
    06-22 09:32 AM
    This is from my attorney:

    All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
    EAD card copy for OPT if you had any;
    All the visa stamps for reentering the States;
    All H1b approvals;

    I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.

    "Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the doucments are to prove your entry is legal and your stay is as legally approved.

    June 2nd, 2004, 01:30 PM
    A little update; I was asked to send some of these pictures to Sveriges Ornitologiska F�rening (main ornithological society), and the pics are now on their home page ( with a short story ( . No biggie, they accept user contributions, but flattering just the same. I can now sort of say I've been published! :) Maybe the link to my home page can lead to something (uhh, no pun intended).

    You HAVE been published!!! Congratulations!!! And, I noticed that for all the pics on the home page, yours is ...BY FAR....THE BEST!

    You just moved up a notch (or two) on that mountain you are climbing. Great Anders!

    10-22 06:04 PM
    Thanks a ton Elaine! Your help is very much appreciated.

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