Kamis, 30 Juni 2011

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  • ivuser9
    12-02 12:01 PM
    What are the docs requested by the VO? Plz update us. I think once you submit all requested docs,your processing will resume

    Good luck





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  • ArkBird
    05-21 04:55 PM
    Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
    The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:

    PS - Sorry for the Title. But I am just quoting him.

    EXACT same thing happened with us in Feb. The person taking FP told my wife that we will get our GC in April but the cleaver part was that she never mentioned they year!!! :)





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  • Ann Ruben
    07-05 09:02 PM
    It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.

    If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.

    Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.

    Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.

    I hope this information is helpful,

    Ann





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  • paskal
    07-18 12:47 AM
    the problem is not with his opinions
    sure he has a right to them
    the problem is with the "facts" he shouts out.
    even when he is wrong and is told so, he repeats them
    this was nicely shown in the "hansens disease" episode
    that time the southern baptists and the national press finally spoke up.



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  • frostrated
    07-06 03:33 PM
    Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.

    Using AP has no relation to using EAD. I have confirmed this with my attorney as well.

    you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.





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  • stuckinmuck
    02-11 12:02 PM
    Hi desi9333, let me answer your question in general and note that this is not a speculation on the OP's case. A common reason for L1 denial could be that the USCIS determines that the petitioner isn't really in a 'specialty' occupation. For example, if his job description mentions java programmer, then he is more likely to get denied since we know there is a surplus of java programmers in this country (US citizens, LPRs and our favorite H1Bs). Since I was on an L1 visa, I know the purpose was really 'specialty' occupation which means you need to be an expert on something that's not easily available in the U.S.

    To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.



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  • kalyan
    02-12 01:45 AM
    The statistics showed that $39Billion were sent to India by NRI's (not including enterprises) for 3 quarters of 2008

    I believe 70% of it might be from US. I have a smalll share in it.

    Without EAD insight, job at risk, i dont see any reason to invest in US either in House or new Car.

    They should give some incentives to Legal Immigrants while the Illegals use free state subsidies, they provide most thing illegals than Legals





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  • gc101
    07-20 06:01 PM
    Hi,

    What does 'RIP' Labor Substitution mean. Pardon my ignorance.

    gc101.



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  • hyderabad123
    04-27 08:08 AM
    Hi mhssatya,

    Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.

    I had interview on Mar 30th on I-485 Interview,

    Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.

    Before itself I moved new employer uncer AC 21 portability.
    We applied MTR on I-485 and thet is approved.
    After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
    Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.

    Thanks





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  • lacchij
    08-10 12:36 PM
    I got my receipt numbers from the checks... I issued my personal checks where checks address is different that 485 address.... I hope this is clear... Please don't worry too much...everyone will get the receipts soon...



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  • lostinbeta
    10-04 01:11 AM
    You have your main rectangle in layer 1.

    You keep Layer 2 selected

    Hold CTRL and click on layer one

    This will select the area of your rectangle on layer 1

    Your marquee however will be on layer 2. So nudge the marquee as it says, then fill it.

    Keep Layer 2 selected still and then CTRL+Click on layer one to again select your original shape.

    Delete the selected area in layer 2.





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  • bigtiger
    06-30 05:33 PM
    Hi All,

    By reading the AILF pdf:

    http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf

    I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.



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  • gcwait2007
    12-06 06:43 PM
    My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.





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  • a1b2c3
    09-23 06:07 PM
    same issue nsc rejected one time second time accepted



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  • pappu
    12-16 01:25 PM
    There is a possible solution to this. I do not wish to post it as everyone may try to misuse that route and thus block the avenue for deserving people. If you have been denied, you can contact IV.





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  • shana04
    05-28 11:59 PM
    I am a July 2007 filer and he expects an RFE for employment verification on my case.

    I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)

    And RFE for current residence proof



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  • yabadaba
    06-22 03:23 PM
    Do we have to send our application to one of the centers based on where we reside/work?
    yes:

    2 options:

    1. current law allows u file at Nebraska
    2. direct filing memo says that filing can be done at Texas or Nebraska based on the state u work in from 07/30/2007..however they are allowing people from now till then to do the same.





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  • Ennada
    01-13 10:21 AM
    Hello Immi Gurus,
    Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    2) Can they cancel my approved i 140?

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Thanks so much for all your help, Thanks ...

    I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.

    In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.

    Good Luck.





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  • sunofeast_gc
    01-14 01:38 AM
    I work for company A (Big American company), my EB3 LC and I-140 is approved (PD March 2003). I am in 7th year of my H1b and 2 months ago I got 3 years extension of my H1b visa based on approved LC and I-140.

    I got a offer from company B (small American company) and C ( Indian consulting company). I am thinking to join company B they are ready to apply my case in EB2 category but I am not sure about the job security in company B, so I want to apply H1 extension through both Company B and C .

    I have two questions:

    1) Can I get extension of 3 years from both company B and C based on my EB3 LC and I-140 Approval from Company A.
    2) If I join company B now, can I join company C in future incase something wrong goes with company B.

    Any help will be highly appreciated.

    Thanks,





    surabhi
    06-02 10:50 AM
    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

    tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

    To my mind, going out of country and reentering is envitable in either situation.

    1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

    Attorney should confirm this.

    2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

    3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

    In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status





    yabadaba
    06-28 03:13 PM
    ^^^



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  • vjone
    08-28 03:17 PM
    Good post.
    I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?

    Or is someone giving out the secret to a quicker GC in the donor forum?

    Or is there the address of the shop selling GCs?

    Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!

    Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.

    Don't gimme reds for this, it was only worth 0.02 - not enough for donation!

    Chill, Peace!





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  • paskal
    03-15 06:17 PM
    The maximum duration of a J-1 is 7 years but the visa is issued 1 year at a time (royal pain). Therefore there is nothing such as a transfer. When residency is over, if you get a fellowship the program files with ECFMG the necessary papers to prove that it's an accredited program etc It is ECFMG that sponsors you not your program/hospital. Each year the program informs ECFMG on your progress and based on that a new sponsorship for another year is granted.
    After my first fellowship i was board certified. In order to specialize further I (and my new department) had to convince ECFMG that there was some merit in the whole proposal. anyway long story, they did sponsor me and I did another 2 years thus completing the entire 7 year period.

    As for GC, my employer just started the process and insisted on choosing an expensive corporate lawyer they have worked with before. She is in no hurry and I don't know when I will even have a priority date let alone a GC. This is after 11 years here. such fun....





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  • cbpds
    08-20 02:04 PM
    dont go and get caught in swine flu

    I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.

    Thanks,





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  • singhsa3
    08-19 10:59 AM
    Agreed and those kind of things should be shunned. There should strict self regulation regarding solicitations
    I can see +ve in your thread, but some of us take advantages, for example amway is the best, and there are more.



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  • WaldenPond
    02-09 11:03 AM
    Hello,

    Could anybody please post the latest going on with today's hearing - Committee on Government Reform Hearing: U.S. Competiteveness.

    I am not able to find any news/update on this.

    Thanks,





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  • raj1998
    05-20 09:55 PM
    Its been real fast. Yesterday I received my Approval letter, today I received my Card in mail.
    Application was approved on 13 may after opening SR on 6th may. So canceling INFOPASS... :)



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  • yabadaba
    01-26 10:59 AM
    If you want to track how fast are they processing - you have to go by "Notice Date" because that's the day they first saw your Application. If you want to charge AC21 or calculate iVisa Bulletion's Retrogression do by "Receipt Date" for calculating "180 days Portability" etc....

    In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.

    Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!

    Good Luck folks!!
    TSC is june 21st for I-140





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  • ArkBird
    06-08 01:53 AM
    u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again


    Could not agree more with you on that... Devil is gone. Now the Deep Sea!!!

    Love my(our) life.....



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  • go_guy123
    05-14 06:13 PM
    It is time to pass the DREAM Act.

    DREAM Act is held hostage up by the CIR advocates just like skilled immigration.

    But the repeated failures will weaken the CIR coalition as some Latino organizations
    like MALDEF have grudgingly started thinking about piecemeal options.

    Dream act gives GC to illegals brought here as children by illegal parents. But then why shouldn't non-USC children of H1B get
    GC before non-USC children of illegals. It is extremely hard to justify illegals are ahead of line of legals. But legals themselves
    are so massively backlogged that asking illegals to go to the end of the line behind legals means nothing (practically) for illegals
    amnesty advocates. H1Bs/EBs will put up with the country quota pain but La Raza et al will never buy that.

    In fact, it is hard core anti-amnesty camp that is using the "piecemeal" strategy and winning again and again by ratcheting up the pressure through piecemeal bills like REAL ID act, Arizona law and its copy cat in different states.





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  • gondalguru
    06-20 11:52 AM
    I thought that you can use AC21 only if you work for employer and I-485 pending more than 180 days and then you leave the employer to work for somebody else.

    Is it possible to use prior employer's I-140, Empolyment offer letter - and file I-485 for future employment--- wait 6 months and then use AC21 clause to get greencard - All these while working for company other than original employer who file I-140?



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  • thakkarbhav
    09-15 12:49 PM
    Congrats...Book the ticket and fly to india to give big hug to your wife and son and motherland...





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  • Beemar
    12-09 12:46 AM
    Thanks for many soothing words on my plight. But everybody is missing the point here. I am not complaining about red dots. It's the filthy language that was used in the comments that I am appalled at.

    I guess admins can surely read all the comments that are being posted along with these stupid dots. They should at least expose the person. I mean, IV is a serious web site, isn't it? How can it tolerate such behaviour? In fact IV may be exposing itself to libel if it does not take any action.



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  • chmur
    08-01 12:45 PM
    Now that H.R 5582 has cleared Judiciary sub - commitee and moves to Judiciary Full Commitee, I think we all need to focus our "Call/Fax" campaign and overwhelm the fence sitters with calls etc .

    1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.

    2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.

    This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way





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  • vxg
    06-25 12:34 PM
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  • GCmuddu_H1BVaddu
    05-19 09:03 PM
    Dude snathan,

    I am not responding to you for this response, I have seen your responses before.

    You definetly need to consider taking this How to Communicate with Diplomacy, Tact and Credibility (http://www.amanet.org/training/seminars/How-to-Communicate-with-Diplomacy-Tact-and-Credibility.aspx)

    Take it easy buddy, trying to help you....



    Then whats the purpose of AP....?





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  • greencardfever
    07-19 11:49 PM
    I'm in the same situation sundarpn and I've got the exact same 3 questions as you have. Could someone please answer them.

    Thanks.



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  • gcformeornot
    12-31 02:19 PM
    who are not so very lucky as me... please boast for this thread....





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  • alpa
    02-24 04:36 PM
    I have few questions regarding the visa and green card process.


    1. Which documents are required to convert H1 to H4 while being in USA?

    2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?

    3. What happens to my green card process if I convert to H4? I have my I-140 approved.

    4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

    Thanks and Regards,
    Alpa





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  • vnsriv
    03-28 10:25 AM
    Well Jnayar & Berkeleybee,
    Thanks for your help.





    mahujam
    07-29 03:13 PM
    how did you find out ?





    Dhundhun
    07-16 03:53 PM
    If the processing date is July 17, on what basis they are selecting files which has reciept date July 30...

    In case of EADs, we saw that for straight forward cases, they sent card in even 2 weeks, where on website Processing Date used to be reported 90 days before posting date.

    So perhaps the simpler cases, which they though to be complete, while receiving FP feedback or Name Check feedback - just a guess - and yes while Processing Date is July 17, people of much later dates got approved. This is despite USCIS telling that applications will be processed in order.



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  • nozerd
    02-08 11:12 AM
    Does anyone know if Transit visa is needed while travelling with Air India via London.
    Asking since you dont change planes in London... you continue on same flight.





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  • fionaapple20
    11-27 03:56 PM
    My questions that I posted in a similar thread:

    - Can one be unemployed and just wait out the 180 days before invoking AC21? Can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?

    - Can one transfer to another employer on H1 (but let USCIS know after 180 days have elapsed)? Can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?





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  • vijay1974
    07-29 06:06 PM
    I think they should change the title on their page to How may I harass you? :)





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  • Stan09
    07-17 11:35 AM
    Anyhow, this is not the point. The point is - except but official fees employer MAY request reimbursement for H1B. My employer charges me with $4000 for h1B expenses (and those 1500 are not included into this amount). And I have not seen bodyshoppers stupid enough to include this provision into contract _without_ making special references as to which court and under which state law will be used to resolve possible conflicts. Bodyshoppers are very smart in everything that concerns money.



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  • factoryman
    06-19 05:56 PM
    go to forum. Click on my name in the user currently online. My profile will come up.

    Then click on 'Find all posts by factoryman'., or something like that. The tile of the post is 'Final Word on Adult Vaccination'
    Only one MMR is recommended by CDC and these recom. are current till Sep 2007.

    Ok I found the link of yesterday. (http://immigrationvoice.org/forum/showpost.php?p=86250&postcount=133)

    Center for Disease Control (CDC) USA – Oct 2006 to Sep 2007
    Recommended adult immunization schedule
    Vaccine – Age Group – Dose(s)
    TDAP- (all ages) – 1 dose Td booster every 10 years
    MMR – (19-49) – 1 OR 2 doses
    MMR – (50-64) – 1 dose
    Varicella - (19-49) – 1 OR 2 doses
    Varicella – (50-64) – 1 dose

    Straight from Horse's Mouth (http://www.idph.state.il.us/about/2007adult-schedule.pdf)(the CDC link is not working):


    same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.

    Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????





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  • gconmymind
    04-07 03:54 PM
    Does it in any way affect my Naturalization Application?

    There is another thread on this. Please search. It seems there is a USCIS address in Kentucky where you need to send it.



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  • vvincent72
    08-16 04:59 PM
    As per me, you really have to do "nothing"

    1. You continue working with your present employer
    2. Let the contract company get your H1B approved
    3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
    4. Wait for 6 months
    5. After 6 months you will get EAD.

    I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons

    The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485

    Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?

    All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?

    Does this hanging I-129 petition affect the 485 / EAD that we have filed.?

    Thank you!





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  • abhijitp
    07-18 07:00 PM
    I think if you got the I-140 approval before mid-August you should be able to apply for AOS. If I were you, I would keep everything (birth certificates, medical exams, photographs, etc) ready and even the application forms completed.



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  • waiting_4_gc
    07-31 06:44 PM
    My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.

    My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.

    Thanks

    I think you will receive receipt notice for EAD and AP provided you file them.However I had a question about the forms.

    Are you going to send old version of I-765 and I-131 or new version of the forms?
    And you can file EAD and AP applications with old fee till August 17,2007, right?

    Please PM me as am also filing EAD and AP, we can share the knowledge





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  • alien2006
    07-11 07:54 AM
    Well i just sent a message to my lawyer and this is the reply i received.

    "If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

    Pls comment:)

    Yes your lawyer is correct. You count towards the cap only once.

    On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.



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  • jvordar
    04-17 08:18 PM
    guys have a question for u..
    i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
    now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...





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  • walking_dude
    01-28 07:22 PM
    Your situation is exactly like mine. Got OCI for first kid and PIO for the second.

    Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.

    This question is specific to Indian nationals with children born in US.

    Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?



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  • njboy
    09-11 01:38 PM
    -----------

    This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
    --------------

    not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..





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  • FredG
    May 1st, 2005, 07:27 PM
    Spinning wheels on your 3rd and 4th shots in particular, with a blurred background, would give a very clear feeling of a dirt bike roaring into the air and the expectation of a dirt-spewing landing.Actually, he did get just that. But he was panning so fast that it took several hours for the blur to catch up with the rest of the image.



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  • somegchuh
    10-26 01:11 PM
    I hope they mail it back because that's something I definitely need. I didn't know they will look at my I797. I wish I had known this before my wife went for visa stamping. There's alway a new kink, isn't it :-)

    My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
    maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.





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  • GreenCardLegion
    03-25 06:36 PM
    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor.
    My 485 was filed way back in Sep 2004.
    My 140 was approved way back in Nov 2004.
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.

    2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
    2005 W2 – shows 57,000$/yr
    2006 W2 – shows 50,000$/yr
    2007 W2 – shows 58,000$/yr
    2008 W2 – shows 67,000$/yr

    Never changed employers nor job titles.

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?

    Thanks.



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  • gconmymind
    11-05 03:50 AM
    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
    I am in almost the same boat, with the exception that my receipts have not arrived yet!! :mad:
    Only saving grace is that I am EB2 and my priority date is May '04, so hoping the bulletin to be current for me in a few months so I can file for my wife..keeping my fingers crossed...





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  • meridiani.planum
    04-17 02:11 AM
    Hi

    I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.

    I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.

    my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.

    I will appreciate advise from any one who has gone through this similar situation.

    AC-21 for LC subsitution is same as AC-21 for non-substitution cases. same rules, requirements and regulations apply.





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  • singhsa3
    09-05 07:31 PM
    Come on people, we are less than 2 weeks away from our destiny.
    All you have to do is to rise from your daily chores, just for one day and help make this event successful.





    jayleno
    10-08 02:30 PM
    Yes I did.
    Did you take original 485 receipt with you?





    lghtslpr
    02-09 12:56 PM
    we can set up web fax with the same content.

    Please just do it! Then let people know here and there. I'll try to get the word out too.

    (This is a grass roots effort, so there is little top-down orchestration.)



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