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  • mrajatish
    04-17 03:41 PM
    Agree with you - my wife's PERM approval got lost in mail and she had to apply for 140 with an electronic copy as DOL will not issue a new approval notice.

    Mine, of course is languishing in BEC.

    The inefficiency of DOL is really incomparable - they are much worse than USCIS.





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  • StuckInTheMuck
    07-11 06:26 PM
    Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
    Thanks
    It was in Jacksonville (FL). When I was called inside for EAD FP, I gave the lady (who was taking the FP) a copy of my I485 receipt notice, and told her that I still haven't got FP notice for that, even after 11 months (I am a July 2 filer). She briefly talked to her superior (it seemed they are well aware of this issue), took the code-3 (combining code-2 for EAD and code-1 for I485) biometrics for me and my wife, and stamped on both our original EAD notice and the I485 receipt copy. She also told me to ignore the separate I485 FP notice that will be mailed to me (apparently the machine generates this notice automatically when my file is accessed, but haven't got it yet).





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  • appusheth
    03-19 12:21 PM
    No. The check was with the new fee but dated 2005. As per law, checks dated older than 6 months are VOID.





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  • arrarrgee
    07-13 09:19 AM
    I wouldn't be ....I think hez adding more value to the country then i do...i dont see any reason why he shouldnt get his green before mine:confused:

    Damn I am going to be pissed off if he gets a green card before I do.



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  • americandesi
    08-11 06:32 PM
    On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1’s or GC’s.

    On rare occasions, USCIS revokes previously approved GC’s in case of fraud.

    Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.





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  • svr_76
    10-15 10:43 AM
    What do you mean Our Own people?

    By initiating the process of Green Card (with the eventual intent of accepting a US citizenship) arent we differentiating ourselves from "them" the people from the other country.

    It is the inevitable that all need to accept....we might spent half a decade or more to gain the permanent residence here...only to find that when we get that, the lady-boom is shining over the land whose very credentials we have been planning to shed, so then it will be time for us to line-up with the Indian consulates trying to get PIO card using Premium Processing.... ???

    I fail to see why this topic is a "discussion" topic on this forum?



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  • lonedesi
    01-09 01:57 PM
    Is anyone's I-140 being processed at Vermont Service Center? Any updates from that center, regarding processing, transfer of case from VSC to TSC/NSC? Please post updates.





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  • imv116
    06-06 05:36 PM
    Hi S.Hoosier,

    Subject to the AC21 restrictions, like what? Could you please elaborate?

    Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).



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  • crystal
    04-28 03:08 PM
    What possible reasons , you think you might get an RFE on h1-b extension?





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  • nashim
    08-15 08:50 AM
    It is not mandatory to join GC sponsor company while it is under process but it is mandatory to join after approval. Better to consult an attorney.



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  • txh1b
    08-25 02:33 PM
    AC21 is complicated enough and you need to have a qualified lawyer (get a second opinion from one) if your company lawyer is the only one that is looking at it.

    1. These seem different to me and I am sure the job descriptions under the ONET page would also be different for these SOC codes. This would mean your AC21 will be risky.
    2. This sounds more like a same/similar position.
    3. You could do that. Your employer should be ready to give you a letter that your profferred position upon approval of GC is an Engineer position. If there is any mention of a manager, USCIS may be wondering why anyone would take a demotion (sorta) after the GC is approved.
    4. You can but employer tailoring the description to fit your needs might be bordering to fraud.
    5. a. You will retain your old PD.
    b. This is a gray area. You are technically not qualifying under AC21 however, it is possible as AC21 filing is not mandatory. If your case gets in audit, you will run the risk. Calculate the risk/reward and act.
    6. This sounds repetitive as #3.





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  • kevinkris
    11-10 02:50 PM
    Guys,

    I think they are doing it across in NY.
    This is really stupid. Most of the people will not have valid stamping on an expiring passport.

    San Francisco was fine. They gave me for 10 years in January.

    Don't know what their policy now.




    Hi friends,
    My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
    They said that they will NOT accept
    - valid unexpired EAD
    - valid unexpired AP
    - valid 485 receipt
    - even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
    ...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
    In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

    I will appreciate if anyone has a solution to this problem. All answers appreciated.

    I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.



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  • on_h1b_since_1998
    02-08 12:51 PM
    I am new member to this forum. My friend referred me here.

    I have a very unique case scenario and need help if anyone is aware of this.

    Background :
    I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
    working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
    2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
    the option of concurrent filing but did not use which i regret till date). Since the X case was of
    no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
    I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

    Issue :
    Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
    The letter's main content says
    "THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
    FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
    PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
    It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
    to terminate the registration of any alien who fails to apply for an immigrant visa within one year
    following notification of the availability of a visa number".
    Letter is Dated Dec. 3 2006.

    Question :
    I want to know if this will in anyway prevent me from using my old case PD with my current case?
    My interpretation of this is that only the registration with NVC gets cancelled but the
    underlying LC and I-140 approved are not affected and I can still use the old PD on my
    current case. Pls. help.





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  • yagw
    09-26 07:27 PM
    This is disheartening...

    Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).

    That said, don't wait for USCIS. Be proactive and do all you can. I would suggest

    1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
    2. Open an SR.
    3. Do the above for your dependents if any.
    4. Make infopass (you have already done this).
    5. Contact local congress man/woman.
    6. Send mail to CIS Ombudsman
    7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.

    (more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)

    Good luck.



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  • GCneeded
    05-26 11:20 AM
    Thank you core Team for all your efforts
    Thank you QGA for the great work and helping us out in a big way.
    Thank for all the senators for making this happen.
    Last but not least ,A BIG THANK YOU for the family of core members who had to put their social life on hold when the core team was working for our cause.

    We are ready for the next battle with the core team and QGA in the lead.





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  • HereIComeGC
    03-26 02:07 PM
    I wish this date business was like the money market - we could have done some Technical Analysis, drawn some Fibonacci expansions, looked at Bollinger Bands, plotted the MACD and RSI along with the Fast & Slow Stochastics and PSARs with the Pivot Points and trend lines ...

    But it is nothing like that... it behaves like every day is a news day - and hence - all analysis fails ... things work on sentiments...

    Even NASDAQ could be more predictive than this...

    I beg to differ my friend. Stock market now a days is also run pretty much on sentiments without logic. One day up 300 next day down 300...pretty much like USCIS!!



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  • willIWill
    07-15 03:44 PM
    Hi Friends,

    I received an RFE last week. There were 3 points in the RFE.

    The first point in the RFE says,

    Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.

    Second Point and Third point are respectively

    Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)

    Employment verification letter stating the offer still stands as per EB visa petition.

    A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.

    My question is concerning the first point.

    Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?

    Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?

    Appreciate your suggestions

    Thanks in advance.





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  • hsbaluja
    09-24 01:48 PM
    Backlog... This word is not in dictionary of USCIS.
    USCIS never think of backlog. For them new filings are like subscribing to them and it generates constant revenue for them when people file for EAD, AP etc..

    USCIS Slogan... KEEP FILING, YAHE HAI RIGHT CHOICE BABY





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  • Anders �stberg
    July 15th, 2004, 06:55 PM
    I can't stop thinking about how the picture would have looked with the mother bird in focus and the young OOF... it didn't occur to me at the time but it would have been very cool to try to preset focus for the approaching bird... I hope they are still there tomorrow...





    digital2k
    08-06 02:20 PM
    *





    nareshdin
    04-08 02:52 PM
    Hi,

    Have you hear anything from USCIS after you sent your FedEx reciepts?

    I am also in the similar kind of situation.

    I had applied for H1 extension in month of Jan 2009, and got RFE in the month of Feb,
    later my employer sent the required documents asked by USCIS.
    On Apr 3, H1 B extension status has been changed to "Denial Notification Sent",
    and yet to know the reason for Denial.
    My present H1 is valid till mid of next month. Now my employer is re applying for new extension as my I-94 valid for another one month. Can any one suggest if you see any risk if same employer re applies for extension again? If so let me know any other options.

    Thanks..



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