Sunday, June 12, 2011

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  • royus77
    05-02 11:41 AM
    I am in the same boat .I found a new job after my employer fired me ( Still in 1 month notice period) . Later he found another position and asking me to continue. He may not give me the 1 140 if i leave him





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  • abe1
    06-22 10:56 PM
    Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

    While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

    I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

    Could someone please advice?

    Thank you.





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  • ngaheer
    12-12 02:51 PM
    Hi all,

    This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.

    Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.

    So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.

    I would be eager to see what people say here.





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  • rameshk75
    02-12 03:36 PM
    Any inputs for me??



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  • Aah_GC
    06-19 08:37 AM
    Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.

    irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.

    Sure, guess I was a bit irrational :)!





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  • pd052009
    05-10 10:40 AM
    I just got PIO for my daughter in 6 working days. Compared to my PP application, this service was super fast.



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  • vin13
    01-08 12:59 PM
    radhay,

    My wife had only EAD and no other status and she was able to get the license in PA upto the validity of EAD.





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  • martinvisalaw
    06-30 11:25 AM
    If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?

    No, you can continue working in H-1B status, assuming this has not also been denied.



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  • gc_buddy
    11-18 02:35 PM
    Dear Members,

    One of the IV member recieved a phone call from Ombudsman office and is as follows.

    -----------------------------------------------------------------------
    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.

    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)
    ----------------------------------------------------------
    The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.

    With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters





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  • royjonny
    06-19 12:35 PM
    I am on my 7th year H1B. I got a 3yr extension from my current employer based on approved I140. I have the I140 receipt number but do not have a copy of 140 (my employer refuses to give it).
    I also do not have the LCA for Perm filing.
    My 485 has been filed more than 6 months ago.

    I do have the new I797 (till 2010) for my H1B extension from my current company.

    1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?

    2. Is I140 required to do EAD extension ?

    3. What are the consequences of not having an actual I140 copy with new employer in future.?



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  • solaris27
    10-03 09:16 AM
    anyone is ok





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  • vikramy
    10-20 04:46 PM
    My AP renewal recently got approved. It was never in this status.

    May be finger prints or some mistake. I know for AP you don't FP



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  • rsayed
    09-14 01:13 PM
    Your visa will be stamped for the required period - IRRESPECTIVE of your Passport expiry (the only condition being that your passport should be valid for the next 6 months).

    Upon expiry of your passort - you can travel with your renewed (or new booklet passport), though your US Visa remains in the old passport.

    You will need to carry BOTH your old passport (with the US Visa) and the new one, anytime you travel in and out of the US.



    Hi Friends,

    Please read the below query and post any information you have. Thanks in advance for your help !

    I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October

    My current H1 VISA is valid until Nov 2006.

    I am planning to get restmped based on my new H1 petition valid until Sep 2008.

    The problem here is that my passport is valid only until Dec 2007.

    In this case Can I get the new VISA stamped until Sep 2008?
    On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"

    Please post your valuable replies.

    Regards,
    Krishna.





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  • gnutin
    05-05 03:46 PM
    Thanks to everyone who responded. So in summary, it looks like:
    * I can own a business on H1B.
    * I cannot take any proceeds/profits from the business, but can use it to grow it further.
    * I can work for the business as long as I don't take any money from it.
    - Can a guru please confirm this?
    * The business can buy me equipment and accessories to work.

    As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.



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  • Flash-Matic
    10-28 10:38 PM
    How much do you expect the "earnings" to be?

    Dono depends how good we are togather and what we are doing but id like a decent amount





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  • javadeveloper
    05-27 04:54 PM
    I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.

    What if I-140 gets denied?Will there be any harm to the existing I-485?Need YES or NO answer Please!

    Our discussion should be like this

    a)I-140+Interfile together

    Pros:
    1.fast approval.meaning takes less time to get GC. Recommended if we are sure about I-140 approval.
    ..

    Cons:
    1.If I-140 gets denied I-485 gets denied
    ..


    b)Interfile after I-140 approval

    Pros:
    1.No harm to I-485 If 140 gets denied
    ..

    Cons:
    1.takes more time to get GC
    ...

    Add more pros and cons to each scenario...



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  • meridiani.planum
    12-11 12:26 PM
    Hi Everyone,

    Here is the scenario:

    Category: EB3-INDIA
    PD: APRIL 2004:
    140: Approved.
    485 filed on July 2nd, 2007 (of course, still pending)
    Changed Employer after invoking AC21 (without sending any documentation to USCIS)

    There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.

    Now, here are my question:

    1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?

    2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?

    3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?

    4) Does the scenario look too risky?

    5) Any one in the same boat?

    Thanks in advance.

    dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.

    New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.





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  • mingan
    12-19 01:51 PM
    I got 7 years of experience, i have submitted those experience letters while filing, what they are asking is that the job description is missing from experience letters.

    the companies which i have worked for they no longer exists.





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  • rotucan
    12-12 06:16 PM
    I have also OPT card with a A# and another alien number with 485.. I went to INFOPASS, the IO said that there is no problem.. the one in the OPT is a temporal number.... the new alien from 485 is the permanent:o





    ajz3
    12-06 12:14 PM
    Filed for i140 on march 27th. Upgarded to premium processing on nov 15th. Today is dec 6th and nothing. The reason I filed for i140 thinking, if they have started this process and people are filing, that means the ones who are in regular are going to get pushed behind ever more. But I havent received any reply yet. Will let you'll know when something happens. I check my email atleast 20 times a day hopeing for a reply. GOOD LUCK :)





    va_dude
    12-11 03:39 PM
    i guess you could travel when an EAD/AP is pending, not sure.

    But i don't think there's any way for you to get back into the country unless you have:-
    1. h1/h4 visa stamped, or
    2. approved AP (with the validity period of AP covering your return date)



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