Questions closed for Conference Call on Jan 25, 07

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change in priority date

My labor was filed on the 25th april 2001 under TR. In june 2003 i changed my lawyer and converted my TR labor in an RIR and filed it as a conversion case with the old PD. The application was forwarded to ATL dol and later forwarded to PBEC. Recieved the 45 day later with the new PD date of June 2003. sent in proof of the old PD with the reply to the 45 days letter. I recieved the labor approval, but again with the new PD ie june 2003. My question is what is the best way to get the PD cahnged to 2001.
 
Ac21

My question is about using AC21 when changing employer, I have an approved I-140 and I-485 pending for more than 180 days with company A because of name check, and now I joined company B with almost same job description.

Do I need to inform USCIS about this, if yes how soon till I have my 1st paycheck?
Will that delay my 485 approval any further?
And what if I don't do it in time and my 485 gets approved before that?

Thanks
 
Dear Sir,

I am currently on OPT status and my husband is a naturalized American citizen. He is a cab driver and is renting a cab weekly for 500 dollars. He does not receive pay stubs as he receives cash for the rides. He filed taxes for 2004 and 2005, both years for $35.000, however, still owes IRS some money. What kind of evidence should he submit along with the I-864?
What would be a valid proof of self-employment in his case?
When they say "taxes for last year," do they mean 2006? We should mail the papers by March 1st. Some people still file for taxes in April. Should he file for 2006 or will 2005 and 2004 do? Does he have to show that he paid what he owes to IRS or filing taxes is enough?

He has his naturalization certificate but does not have U.S. passport yet. Can he travel outside the U.S. with his native country passport and present the certificate as proof of citizenship?

Although I understand that the advanced parole can be used in turn of a visa, how risky is to use the travel document to enter the U.S. ? I would like to go back home but I'm afraid that they'll send me back at the port of entry. I have initially entered the U.S. on J1 visa and then changed status to F1. I haven't been home for almost 4 years now. When my mother applied for a tourist visa they denied her because "I did not keep my promise to return at the end of J1," which to me sounds unreasonable provided that change of status is allowed. I worry that they'll say the same thing to me if I present only the travel permit.

Once I get my green card and send my mother an invitation to come visit me, can they still deny her based on the fact that once I "did not keep my promise?" Will it be me or my husband the one to send her an affidavit of support? Are her chances for a visa higher if the affidavit comes from a citizen?

My OPT starts in mid February and expires on 2/13/08. I am thinking that by then I should get my green card and work on OPT until then. Is this the way to go or would you recommend also applying for the work permit anyways?

I consider hiring an immigration attorney to represent my case. Will I get my green card faster if I hire a lawyer? If I end up sending the papers myself and things go wrong, can I hire a lawyer afterwards or let's say, only for my interview? Or does the lawyer need to be on my case from the beginning?

Thank you very much!
 
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Done with interview at local office with case continued...

Hello Rajiv Khanna,

Here is my story.
Mine is EB2 with priority date of Jan 2005.
Applied 485, 765, 131 in sept with receipt date of sept 26th 2005 before the retrogression.
I am on my 2nd EAD..... but not using it, and still maintaining H1 status.
My 485 application was transferred to local office to DC, and i had my interview today. Interview went well and i had all the docs the officer asked for.
But at the end of the interview he asked me if the visa dates were current when i applied.... for which i said YES(since EB2 got retrogressed after sept 30th 2005). I said that i am positive that visa dates were available when i applied. He said he did not have the time to look into the previous visa dates to verify my application. He said if the visa dates were not available that time my 485 will be rejected.
Finally he gave me a letter which says

Your case was continued for :
(Checkbox) Other : no visa available (it takes 120 days before i can make an enquiry)

What does this mean? Can they reject my 485 ? I applied before retrogression and am on 2nd EAD.
Please provide your feedback on this.

Thanks
 
H1B Employer Requirements

Hi there,

I have held H1B status for the past year and a half. I am currently changing employer and have been out of status for the last 3 weeks. My new employer is an individual (US Citizen). She also has a dormant corporation set up but hasn't been used for anything.

She wants to know how to employ me as an individual and if it is possible to do this for my H1B without using the corporation. Will this work for the labor certification also if she employs me as an individual?

Thanks!
 
Regarding immigration to Canada

Hello!
Rajiv
I am green card holder and I am living in TX. I have applied for a permanent residence for canada in Buffalo office in Jan 2006. I already passed the ILETS. My case has been moved to Detriot office as on Dec 06. What does it mean for processing my application and how much time it will take to get PR for canada. Do you have any idea what month they are processing now and How many monthes it takes to finish the whole process. Please give me a clue. Thanks.
 
Moving to a new employer

I have a 3 year extension after completing 6yrs on a H1B based on an
approved I140.

Question:
Am I allowed to move to a new employer?

Thanks in advance
Matt
 
NIW consulor processing in India after I-140 approval

Greetings!!!
My I-140 NIW (EB2- Without labor) got approved in January 07.

I am working in a Research Institute and my contract will be over by June 07. Instead of looking for a job here on H1B1 (2 years more to go), I am planning to takeup a job in India in March, I got the info that I can still continue my GC processing through CP. whenever 485 dates become current.

Is it possible, and do I need some more forms to submit??
Thanks
 
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Do I file a second 1-140

I have been working with same employer since 2000. The labor for my GC wa s filed in Aug 2001 is still with backlog center in Texas

In Jan 2005 I filed another labor requesting the priority date from 2001. This labor has got approved in Sep 06, but the priority date of 2001 has not been granted

Meanwhile I applied for 1-140 using someone else's labor with priority date of 2003. I now have this 1-140 approved and cannot apply for I-485 since I am from India

I am given four choices. Please advise which one you think is best

1. Apply for a new 1-140 based on 2005 labor approval, asking them to re-capture 2001 priority date. I am told if we do this, we would have to request simultaneous cancellation of 1-140 of 2003. I am also told that it is possible that 1-140 gets approved with 2005 date, and the 2003 gets cancelled pushing me two years behind in the queue to apply for 1-485

2. Wait till my Aug 2001 date becomes current in texas and then apply for a new 1-140 and 1-485 simultaneously

3. Forget about using 2001 priority date, and wait till 2003 date becomes current

4. Any other suggestion you might have

Thanks

Anand
anu124@yahoo.com
 
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