Friday, June 10, 2011

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  • vikki76
    07-19 08:36 PM
    If you have copy of approved I-140, then your priority date would be mentioned there.





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  • skp71
    05-06 10:10 AM
    If that's the case why should they pre-adjudicate 485s? Lot of guys getting REFs whose PD is 2003. If USCIS wants to approve after 3-4 years, they would not preapprove 485s. That logic won't work out.


    If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.

    So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.

    I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.

    My 2 cents.





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  • angelfire76
    04-01 03:29 PM
    "===============================================
    It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.

    If travel is a must, it is advised to the employees to carry the following supporting documents:

    1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
    2. The usual check list for H stamping and employment verification at the US port of entry

    The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
    "===============================================


    Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
    I wonder which attorney sent this.





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  • gimme_GC2006
    07-31 10:42 AM
    Hi,

    I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.

    So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?

    This is my second trip on AP.

    Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?

    Adding to this, my PD will be current from Aug-1st :(

    Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)



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  • satishku_2000
    12-21 08:05 PM
    There are so many things that come into picture such as ability to pay , proferred wage , qualifications of individual , requirements for the job.

    Can any one predict when will 2008 PDS will become current for people from India whether Eb2 or EB3 . As far as I can predict it really does not matter if some one is looking at PD of 2008 and from India , one is there for a long time if congress does not act.





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  • string_235
    12-05 05:29 PM
    Hi,
    My company has applied for my wife's L1B to L2 conversion on 28-OCT-2008 at Vermont Service Center. Anyone knows how much time typically it takes for this request?

    When we are checking USCIS website, we are getting the following message continuously. My wife called to USCIS and USCIS said, case status is valid only in the system and the person does not know why that error message is coming.

    "Validation Error(s)
    You must correct the following error(s) before proceeding:
    Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."


    We are thinking that probably lots of applications are pending and that could be the reason. Once they pick up, it will be changed to Case received and pending and finally a decision will come.

    Do you know if this is something we need to worry about that something might be wrong which might cause a long delay? Actually my wife is pregnant and she can travel back by air only till January 15th, 2008 at the maximum. So we are just worried.


    Do you know how much time it takes normally for this sort of application too? Also if at all, a rejection comes, will there be any legal way she can stay back till couple of months as she will not be able to travel back that time?


    Greatly appreciate your help in this regard!!!!



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  • Sunny33
    12-28 02:25 PM
    Some times airline people don't even bother to collect the I94. It happend to me twice and I still have those old I94s. I think they will just collect it if you have it on the passport. They will scan your password for your depature entry which is more important. I think you should have not any problem.





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  • Matt Peru
    08-16 10:42 AM
    Hi,

    My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?

    By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.

    Please throw some light on my case...


    Thank you very much.



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  • abhi2001
    02-24 04:06 PM
    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.





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  • harlyharly
    06-25 06:12 PM
    Any updates on the RFE? wish you have solved problem. Realy want to hear about it cause I am in the same hot water now.

    Friends,

    This is my first post.Any inputs would be highly appreciated.

    My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
    off from my company on March 13 2009.My company lawyer told me that
    they wont send anything about my GC application but they will have to
    send notification revoking my H1B to USCIS as per the law. I guess
    this could have triggered my RFE. I applied for EAD immediately as an
    AOS applicant and got it on march 31 2009 ( for 2 years)

    I recently got an RFE asking me to re-submit G-325A ,Current
    Employment verification letter and proof of employment after march 13
    2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
    my suspicion about revoked H1B triggering RFE). Right now I don't
    have a job and it doesn't look like i will get any before may 31st
    2009 (the deadline for answering the RFE). What are my options?Here is
    what I read and thought

    Option 1:I have an EVL from my last company dated march 2 2009.Can I
    send that ?In my G-325A I would though need to mention the exact dates
    with no present employment.Can it lead to automatic denial and make me
    illegal? Should this be an option? My assumption here is that the RFE
    is just to complete the documentation and that the case will be
    adjudicated when my date becomes current.Before that I should be able
    to get a job and send the paperwork.

    Option 2:I also read on Internet that I can send a future intent of
    employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
    possible language of that be? This can give me time till my date
    becomes current (which should be good enough to find a new job) .

    Option 3:I talked to a consultant and he is ready to give me a EVL .
    For this he would need to put me on his payroll ( obviously at a big
    cost) .He said that i would have to be on his payroll for atleast 3
    months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .

    I really don't know anything beyond this. I would really appreciate
    your opinions on the feasibility of these options or any other ones
    that might exist. Right now I am lost and dont know what works best
    for me.

    To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?

    Thanks and really appreciate any input.



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  • amirani
    03-06 01:42 PM
    Thanks for all the information and support, I really appreciate that.

    I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.

    I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.





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  • ashkam
    03-09 08:59 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

    If she's not working anymore what does the I9 form have to do with anything?

    To the OP, no, she doesn't have to do anything. She is automatically transitioned into AOS status (assuming the I-485 was already applied when she stopped working).



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  • gondalguru
    06-19 11:45 PM
    Please help me as I am in big confusion.

    I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.

    I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A

    Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.

    Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.

    Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.

    What should I do?

    Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.

    Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.

    As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.





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  • belmontboy
    03-05 02:13 AM
    Ha ha ha....I can see "someone" standing naked.......

    good naked or bad naked?? :D



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  • javaconsultant
    04-30 02:35 AM
    Guys,

    I am not 100 % sure if one can change employer after approved I-140.
    But this is what I checked with lawyer --

    -- Can transfer H-1 to new employer and can file new labor with new PD. Also can pursue your GC from old employer as long as he doesn't revokes it since GC is for future job.

    -- Can simultaneously pursue GC from both employers if previous employer does not revoke it.

    Also one sticking point ....H-1 extension with new employer if you are on 7th or 8th or 9th year extension... not sure how does it work....this check with a lawyer.......





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  • xlxoel
    06-09 04:36 PM
    I sent the pictures last TUESDAY, I was expecting my online status to change to: WORKING ON THE CASE before the do the approval, but nothing.

    I need to leave ASAP for Europe and I dont know how long is it going to take for them to mail me the TRAVEL DOCUMENT

    Anybody did a RFE of two pictures? How long did it take since you sent the pictures?

    Thank you



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  • keepwalking
    05-14 03:30 PM
    My priority date will become current on June 1st 2011. I will add my wife to green card process on June 1st 2011 (she is in US in H-4 status now). My I-485 is with Texas processing Center.

    If I leave my sponsoring (green card) employer after 3-4 months of getting my green card and join another employer or have my own company, does it affect my wife's green card process assuming it takes 6-7 months for her to get her green card.





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  • paskal
    06-24 10:00 PM
    i think you mean I-864
    correct me if i'm wrong but we do not need to file this form, read the instructions on this link on who needs to file this form, an EB petitioner is not mentioned anywhere i can find:

    http://www.uscis.gov/files/form/I-864.pdf


    I-485 instructions are very clear on who needs the I-865 form.
    the documentary needs are very simple, in fact, the form is so damn simple i'm wondering why i'm paying sooooo much to my attorney.
    NO tax forms are needed per my reading, check for yourself.

    http://www.uscis.gov/files/form/i-485.pdf





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  • sathishav
    05-16 08:47 AM
    I am also in the same situation and I asked my attorney. He said that if we can get notarized affidavits from Parents then it is sufficient. So get the format from your attorney and get it signed by your parents. They need at least 2 affidavits who were present at the time of the birth.

    That is right. Each attorney has their own format, get your attorney's format and send it this.





    sri1309
    11-04 07:01 PM
    Please delete this thread, Admin.

    We believe this guy did it by mistake.. pls dont shout at him..





    rpat1968
    09-06 03:43 PM
    You should get yours in 1-2 days

    My wife received her FP notice 2 days ago and I am still waiting for FP notices for me and my daughter.