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  • shishya
    09-27 12:43 AM
    Folks,
    Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.

    Thanks!
    Shishya




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  • gcformeornot
    04-07 01:01 PM
    AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)




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  • corleone
    03-19 11:18 AM
    How will an I-140 gets cancelled just because he left the company. GC is for future employment, that should have nothing to do with the current employment. Same with Place of work issue, place of issue on H1 has nothing to do with I-140
    As amit has suggested approaching Senators will do wonders (atleast for some)

    GC is for future employment but I-140 is not GC. I-485 is Adjustment of status to Permanent resident (GC).
    If you leave the company prior I-140 approval. I-140, I-485, EAD & AP are canceled.
    If your I-140 is approved and I-485 is pending for more than 180 days, then and only then, you can switch company using AC21 while still keeping your I-485 pending.
    Mind you, I-140 is not your application, it is employers!




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  • nareshg
    10-05 01:11 AM
    Hi,
    what is your online status after RFE. Does online status change to "RFE" from "Received and pending" once we get RFE. My employer dont tell me much about my I140 status or RFE but I have receipt number. I can check online

    Thanks.

    When I spoke to my lawyer 2 weeks back or so they said that it at times takes 1 month to get the RFE by mail....sounds strange I got my EAD a week or so after the status changes online....to approved..

    I have to ask them again as to what is happening, have not heard back from them....

    my current status as of 10/4/2007 says...

    Current Status: We mailed you a notice requesting additional evidence.

    On August 29, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.

    Hoping that as it is 140 it is something to do with the company and the lawyers will take care of it, hopefully it is not to do something with my case individually....



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  • reddyram
    07-19 01:36 PM
    There are too many If's and Buts over here.
    If you confront your company telling them you want to leave , they will immediately summon you to return back to India. There is NO WAY where you can be in US, X fer H1 and keep them happy..IMHO ..I doubt any.They have very strict dictum because this the biggest fear - ur using them instead of them using u .
    So u can respectfully return back to India , to keep them happy and then start all over again OR
    u can do some hunting :
    <> Prev WIPRO employees "Jumping" record. What happened to them
    <> Date some HR , BA pass , aunty over there . "Make her happy aunty " every day and night :D and then she will tell u , in realistic terms how ur company pursues cases like u so u know what is the likely outcome.




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  • Better_Days
    06-14 02:18 PM
    While some people are taking it very easy, she needs to come to the realization that she is a *suspected* criminal that is being investigated.

    DO NOT, UNDER ANY CIRCUMSTANCES, SHOULD SHE TALK TO THE POLICE WITHOUT A LAWYER PRESENT.

    Does not matter if she is innocent. Does not matter if she is Mother Teressa. Check below for a lecture on the same topic by a law professor and a police officer,

    Law prof and cop agree: never ever ever ever ever ever ever talk to the cops about a crime, even if you're innocent - Boing Boing (http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html)

    It is a long lecture. Almost 45 minutes but it can save you a lot of headache one day.

    She should be proactive and get a lawyer. Explain to the lawyer the situation with the green card and how a simple arrest record, even if later she is found innocent, can cause problems.

    Once this is over, she can sue the jerk that caused her so much grief.

    I agree, most of these cases blow over with time but better safe that sorry.

    Best of luck.

    Hi Friends,
    This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.

    Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.

    My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
    We know she is genuine and did not do anything but my question is any problem in green card process?.

    How to prove my sister is not commited such kind of activity. Please try to help me on this

    Thanks
    Ramkrishna



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  • hkimmi
    12-22 01:39 PM
    If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.

    once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

    So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.


    Check in the Sheela murthy chat session dated : December 18, 2006 and search for "my employer cancels I-I40?"

    Looks like we can port the priority date ..., even our employers cancels I-140....




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  • SAP
    04-07 03:36 PM
    Folks,
    can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?

    Future GC labor PD : Dec 2002
    Category: EB3.
    I140 : approved 2004
    I485: RFE on expired medicals; new medicals submitted.
    EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)

    Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
    your postive comments and if you have been in this situation pls tell me how you managed.

    Thanks
    SAP



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  • w000f
    05-19 12:30 PM
    Good information but I feel that it doesn't matter anymore. Even if your visa number is up, your application will probably still sit in a warehouse while the acting director or whomever, keeps using the FBI namecheck backlogs to blind everyone of their inefficiency. :( Frustrated to a point of numbness.




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  • chi_shark
    07-24 03:49 PM
    so, we are not out of the woods yet? its just that they (USCIS) can now say that they have gone through x number of apps... i wish they clarified this really well...
    but thanks for answering the really important question!

    Sanjay:

    Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.



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  • webm
    04-21 01:24 PM
    I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.

    Good luck to everyone.


    Congrats!! dude...:) really a magic...


    -----------------------
    EB3-I Oct 1,2001
    485 RD June,2007 --TSC (waiting/hope)




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  • spam
    01-04 12:08 AM
    Hi,

    I just joined this forum. It really looks neat for just 4 days of existence..

    In my view, we need to really differentiate this forum from lot others out their, the name of which I don't have to mention. One way of doing that would be making this an "action forum" than another information forum. As a starting point we should have clear vision and mission statements.

    Vision should be strong and action oriented. Not like "helping the immigrant community." I would propose " Inspiring/Organizing legal immigrants to realize/understand their rights and play their part in securing/achieving them.." or something like that.

    Mission statement should be the priorities (again actions/tasks/goals) per year, set in the beginning of every year..

    I propose the following for this year:

    1. Making sure Retro relief is put in and passed in the Immigration reform bill
    2. Identify and tie-up with at least 2 high power partners
    3. Some relief for people affected by FBI name check -- This could be long shot, but I am putting it anyway because it is close to my heart:-))
    4. Others..

    I will stop my onslaught and get ready to hear your good/bad comments..

    Thanks



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  • mishras
    05-14 10:49 AM
    This is not a joke, we have received this querry, and are seeking some helpful advice.




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  • nyckings
    10-15 03:41 PM
    Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.

    I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.



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  • enggr
    03-17 03:56 AM
    Friends,

    My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.



    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "


    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.

    Enggr:

    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar




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  • chapper
    11-11 01:26 AM
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  • go_gc_way
    05-13 10:25 AM
    That's really an idea , need a thought by all... pros and cons.

    Specially a forum like IV, and then I believe it will be another effort to get it there.

    Given retrogression has some what a known issue, does any one think ... this will be mentioned any way in the address.




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  • gc_in_30_yrs
    11-21 01:16 PM
    I saw the following status on I-131

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Document mailed to applicant.

    On November 21, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.


    Does it mean that I-131 is approved?

    Yes, I guess.




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  • jonty_11
    10-30 06:21 PM
    if they ask explain teh situation calmly....and tell them your attorney has filed to get u a new approval after he dsicovered ur mistake..Keep phone numbers of ur employer, attorney handy if needed to call them and confirm u are legit!!




    sekasi
    11-30 02:16 AM
    I think I misread the OP about moving from the flash IDE to flex builder although I strongly prefer both FD and FDT to flex builder..

    and no Jeff, it wasn't directed at you although I'm sure you have no idea what you're talking about either :P




    gxr
    10-02 09:14 PM
    sush - What's the LUD on your 140 ?



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