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  • matreen
    10-12 11:32 PM
    Thanks. Can someone get me USCIS contact number to get the status on receipts.....





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  • belmontboy
    12-12 08:06 PM
    sorry if i am wrong..
    How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
    i just dont trust these consultants..

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7e3355fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD





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  • TUnlimited
    09-15 09:05 PM
    We have received our I-485 receipts(me and spouse). On my receipt just below "Amount Received" there is a this tag called "Section". It is answered as "UNKNOWN" on both of our receipts.

    My friends is answered differently. His is from TSC and mine are from NSC.

    Does any of you know what does "UNKNWON" mean and what consequences it might have.

    Yeah! What the hell does it mean? I have the same thing - UNKNOWN...





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  • h1vegas
    06-24 02:24 PM
    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance



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  • snathan
    05-11 06:10 PM
    Hi,

    I have attended for H1b renual in toronto on the 2nd of May. The VO decided to do some additional review on the application. He took the Cleint letter, vendor letter and I129. Still havent heard anything from the consulate.

    I am not sure if I should stay in Toronto or travel to India. I have taken only single entry visa to canada.

    So, do you know if there is a canadian consulate in Hyderabad. If there is one, how much time do they take to issue a visitor visa.

    Also, most importantly, how much time does it take for the 221g processing.

    I would really appreciate if someone could share their knowledge.

    Thanks

    Where are you staying in Toronto. If you are staying with any relatives...you should try to stay there until you get the papers back from the VO.





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  • furiouspride
    08-03 06:22 PM
    When I open this post the AD on the top of the page said "zero calorie noodles" ha ha I could not resist I had to write a few lines...

    Dude - Life is too short, eat drink and be merry :p when you become 80 - even if you have 6 peck no one is going to want to look at you :D

    (do some workout like fun sports (Gym is for the dedicated ones) to stay active)
    Eat drink n be merry is all good. Just that you cant overdo it. O/w you will be on your way out @ 40 or worse yet, will have to deal with diabetes, cholesterol, hypertension etc. in the later part of your life. Key is to eat right and exercise. Cliched I know but I don't see too many people around sticking to this simple rule :)



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  • abhijitp
    06-21 01:59 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100





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  • satishku_2000
    06-15 11:08 PM
    Dude i think you have WAYYYY overestimated the processing times!!

    I think I might have ....I will not be surprise if they establish BECs for all of these ...:) BECs for AP, BECs for EAD and BECs for 485 ...

    The guys who dint have experience with BECS in labor stage will see what BEC means. People like me have to experience more than once ...

    If CIR passes in its current form forget about GC for 15 more years ....:D :D :D :D :D :D :D :D :D

    This is what an american friend of mine mailed me back when I told him that I can finally apply for my 485..

    "Glad to hear.

    but.... correct me if I'm wrong but that doesn't really mean anything does it?
    doesn't that mean that you're just moving from one line (where you can somewhat see your progress) to another line (where there is no update)?

    I'm not sure what the 3rd stage means. it's waiting for another 5 or 10 years or something right?
    any benefit or anything?"

    Afte that I explained him I will get certain benifits like EAD and AP blah ... Here is is response

    "well that's cool then. :-)
    glad to hear.


    So... this means another 3 to 10 years of checking a website every day or... do they not let you do that?
    :-)
    Just wondering if you'll have any sanity left by the end of that time.
    "



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  • Anders �stberg
    June 17th, 2005, 05:37 AM
    Nik, your pictures look fine to me. I think it's my Magpie that is a bit problematic, on my screen the blacks and greys look a bit washed out in your version,





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  • nemu777
    09-17 03:38 PM
    Hi Vani,
    I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th. Have u been able to get in touch with USCIS regarding your application. Pls update.



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  • roseball
    03-17 11:52 PM
    You can try re-sending the pkt with a label in bright color with text "Not to be opened by mailroom" so the package can be opened by an IO..Include a cover letter with the details/proof of your earlier application....You can give this a shot but its solely upto the IO to decide whether he accepts your application or not..In the meantime, I would also start a fresh LC process....Sorry about your situation, but there is nothing you can do.....One more case of lawyer screw up......





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  • crazyghoda
    05-06 02:54 PM
    Wearing a badge and walking around doesnt have that much impact. What would make an impact would be if someone from IV was a speaker at the conference and highlighting the issues and wait times faced my legal immigrants from India and China.

    Presenting a case study of 2-3 immigrants - one who came and was successful and one who got fed up and went back and became successful would drive home the point nicely.



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  • GCOP
    08-22 01:21 PM
    EAD Renewal RD: 6/24/08 at TSC

    Still Waiting for EAD Renewal Approval





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  • gchandu
    04-13 08:31 AM
    Hi dammu

    Dont expect a success story with DOL for every complaint. If you are genuinly working in US per labour skill set with your h1 filed petetioner then you can expect something from DOL when you make a complaint. On the other side, if you have not been working for 6 months there is no point in you making any complaints...check with your employer and by now your employer should ask you to leave to your home country per law....

    Thanks
    Chandu

    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?



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  • mali03
    05-25 08:17 AM
    Called Sen Bingamna's office! funny to call him against his own amendment but tried to put it diplomatically...hope it works!





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  • desi3933
    07-06 11:53 AM
    This is a very basic question and I need answer on this as early as possible and guidance from you.

    I came to this country in Dec 2001 on H1B Visa.

    I never applied for green card since then.

    Now on Dec1,2007 my H1B expires so I will have to go back to China.

    If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?

    Am I even eligible to do so?

    Can I go to Canada and still work in USA (Since I live close to canadian border)?

    If you have gone for out of US vacations etc, you can claim "absence time" to extend H1 beyond Dec 2007. For example, if total time outside US is 3 months then you can extend H1 until Mar 1st 2008.

    This gives little more time to get I-140 approved and file for 3 year H1 extension based on approved I-140.


    ______________________
    Not a legal advice.



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  • vnandster
    04-13 01:12 AM
    Only my lawyer got the RFE - We didn't.





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  • delhiguy79
    10-23 01:07 PM
    Thanks for ur reply... but i ve already bought the ticket...so shud i buy another one-way ticket :confused:





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  • Milind123
    07-26 12:51 PM
    spoke to the lawyer and they said they have experience last month of filing a I485 similar to mine at Nebraska and had no issues.

    So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.

    Fingers crossed

    Good luck! Even if your lawyer is wrong, Nebraska will send the application to its correct destination.





    EB-VoiceImmigration
    02-24 08:50 PM
    Moving to the Faster Lane : Changing EB3 to EB2

    We at the Murthy Law Firm receive many inquiries as to whether it is possible for an individual with an employment-based, third preference (EB3) case to change to the employment-based, second preference (EB2) category. As explained in this article, it is possible for many some people to make this transition. When combined with the potential to retain the priority date from the earlier employment-based (EB) case, this can be a powerful tool for qualified individuals to obtain permanent residence, or the "green card," much earlier.

    EB3 Cannot Simply be Changed to EB2

    Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, "No." The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.

    New EB2 Case Filing Based on Minimum Job Requirements

    It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one's own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.

    New EB2 Filing Permissible with Job Change

    It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.

    Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.

    EB2 Filing can be with Existing or New Employer

    As explained above, in order to move from EB3 to EB2 it is necessary to start over with an entirely new labor certification. This often is filed through a new employer, when an individual has moved to a different job.

    It potentially could be filed through the same employer that filed the EB3 labor certification. This could be appropriate if one obtained a promotion or otherwise moved into an EB2 job. If filing through the same employer, the employee ideally should have completed the minimum years of work experience for the EB2 position before starting work with the current employer. This is because there are legal issues and potential restrictions when relying on the experience gained with the same employer to qualify for the new job. These issues should be analyzed and discussed with an attorney experienced and knowledgeable immigration law.

    Transfer of Earlier Priority Date to New Case Filing

    The greatest benefit to utilizing the strategy of re-filing comes in the potential to retain the priority date from the EB3 case. This option exists if the EB3 I-140 petition has been approved. If so, then it is possible to request retention of this priority date in the later-filed EB2 case. This means that it potentially is possible to transfer the earlier EB3 priority date to the later-filed EB2 case with a new or the same employer. In many cases, this means that the individual could have a current or closer-to-current priority date, thus saving many years of waiting to become eligible for permanent residence.

    There are some issues with respect to retention of the priority date if the I-140 has been revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or misrepresentation.

    Is Earlier EB3 Filing Made Vulnerable by Filing New EB2?

    Most people inquiring about this option are concerned about any potential risks to their current EB3 cases. There are some procedural options with respect to the final step in the re-filed cases. However, it is possible to process the new case without risk of disruption to the EB3 case. This assumes that all information provided in the course of the prior filing was accurate.

    A new labor certification filing, even if not approved, would not disrupt a prior approval. The same holds true for an I-140 filing. Conversely, approvals of the labor certification and I-140 do not disrupt or displace existing approvals. It is possible to have multiple approvals of labor certifications and I-140s for the same individual. Even when the request to retain the earlier priority date from the EB3 case is granted, the prior EB3 case remains undisturbed. There is nothing transferred or taken away from the EB3 case in the process of requesting that the EB2 case be assigned the same priority date.

    At the final stage, there are options as to how to complete the case. The pros and cons should be discussed with a qualified immigration attorney. It is possible to proceed with the cases essentially in parallel, allowing for two cases and two potential avenues for eventual approval of permanent residence. The best way to proceed depends upon one's situation and, ideally, should be analyzed to consider the risks and options. What is helpful to most people, however, is that they do not have to risk their current EB3 cases to try to move to EB2.

    Conclusion

    At the Murthy Law Firm, we have successfully utilized the strategy discussed in this article for many of our clients by filing for each a new EB2 case with the same or a new employer. While it requires starting over with a new labor certification, for many it offers a significant advantage in terms of timing when the earlier priority date can be retained. MurthyDotCom and MurthyBulletin readers who wish to explore this option further should contact the Murthy Law Firm to help them with this process or for a consultation to determine whether it is appropriate for them.

    Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved





    anilsal
    03-14 09:32 AM
    This topic seems to be gray for H1B holders. What is allowed and what is not.

    * What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".



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