Saturday, June 25, 2011

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  • natrajs
    09-25 02:05 PM
    Wow, Very good one

    Thank Q





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  • gemini23
    08-02 01:41 PM
    Yes, you are correct. They just need copies at the time of application, they can ask for originals if needed later if there is an interview. But yes, still I got my orginials in courier.

    Gemini,

    Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.





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  • CatsintheCraddle
    05-04 01:14 PM
    My I-485 was denied April 14. USCIS said I only sent them a partial answer to their request for evidence.

    I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.

    USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.

    Please, if anyone has any experience with filing a motion let us know about it.





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  • whiteStallion
    06-16 06:48 PM
    I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.

    Once your I-140 is approved, then you lock the PD from that moment itself.

    I140 + 6 months = Change your employer, file new PERM & then new I140 but you get to keep your old PD from old PERM. Is it not the case ?



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  • GC_ASP
    07-20 07:39 AM
    If u r not married, its better to change the job using H1b transfer and use Ac21portability to continue the GC process ( new job should be similar). You don't have to use EAD. Once you start using ur EAD, you loose ur H1B status automatically and it would be hard to bring your wife on H4.

    Here are the answers for ur three questions.

    1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.

    2. I think you can get H1B extension using 140 approval.

    3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.

    I hope I answered the all your questions.

    one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.

    Never use AP if you are unmarried.

    This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!





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  • dealsnet
    08-05 11:17 AM
    I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.

    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;



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  • nramesh30
    08-02 02:04 PM
    Hello All,
    As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.

    "My brother entered into the U.S around 2004 with
    valid H1B stamping for company A. He was there only
    for few months . He didnt work on any project
    and he doesnt have any pay stubs. Before he left the
    US, company B filed for his H1B visa . After filing
    H1B he went back to india and later accepted
    a different position in singapore . H1B for company B
    was approved successfully after few months.
    Its been nearly almost 2 years since that happened .
    H1B for company B is valid till sep 2007

    Now company C filed for his H1 just few weeks before
    and it was approved successfully. He wants
    to travel to U.S now and start working for company C .

    He went to singapore U.S consulate for H1B visa
    stamping for company B. Unfortunately it was rejected.
    221(g) . Reason officer gave him was " u
    need to have 13 years experience to take up this job".
    My brother tried to explain to them . But they wouldnt
    listen. Also they retained all the H1B documents
    related to comapny B.Also they have put an entry in
    his passport saying 221(g) and the date.

    Company C is still asking him to travel to U.S , since
    he has a valid visa stamping with company A until Aug
    26 2006. My brother has valid H1B petition thru
    company C which is valid till june 2009.

    1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
    visa for company B), with proper H1B documents valid till 2009 from company
    C?

    2)Will there be questions at the port of entry ?
    3)Will there be any issues because of the 221(g)
    stamping in the passport (company B visa)?
    4)Any chance he wont be let inside U.S ?
    5)Can he show them the h1b approvals for company C ?
    6)Any tips to handle the officer at POE?
    7)If every thing goes smooth, will his new I-94 be
    valid till june 2009 (date on his company C petition)
    or just another 4 weeks (company A petition)?
    8)If by any chance if he is deported, will it affect
    his future prospects in the U.S?

    Any little help is also appreciated.
    I need answer mainly for question 1 and 8





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  • SGP
    03-25 03:02 PM
    Congratulations on your freedom.

    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.



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  • cygent
    05-24 02:24 PM
    Why can't every Indian residing in US come together and make a pledge to not work even for one day throughout the US. Then they will know how much they need us and how big impact they will have on their economy.

    Sureee mate! Then let all Chinese take away the jobs... Hahahaha!! Indians so gullible. Wat you think man? They are nothing in this country, they will be wayyy better off if you don't work for 1 day. 1st try & bring your family together, forget about rest of Indians. Hahahahaha.

    It's all about power in numbers - i.e. Whites, Hispanics, Blacks - in that order. Indians are a drop in US ocean, besides they all hate each other. So what are you gonna do? Hahahaha. Stupidos.

    PS: This website NOT just for Indians. So please take off your blinders. ALL OF YOU who assume that.





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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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  • luvschocolates
    07-02 01:41 PM
    I just spoke to a service representative at USCIS in Jacksonville, Florida, and he explained that the I-797 cancellation notice will be identical to the original we received, except that it will say "Appointment Cancelled- No need to appear at ASC".
    I explained that I already knew that but I was confused that my notice stated right below "cancelled" that I was to appear anyway.
    He said that this is how they do it, but the appointment is definitely cancelled and we should receive reschedule notices in the next 2-4 weeks. I explained that I could not afford to miss this appointment so I needed to be 100% sure that it was cancelled instead of just assuming I didn't need to go.
    He said due to a system error all appointments from July 5-10 were cancelled and would be rescheduled. He was very reassuring that those of us who received the cancellation notice were not going to run into problems because of all the confusion.
    So I guess we sit back and wait some more huh?
    I just thought I should share that info since I know there are quite a few here who are in the same situation and since our future depends on this it's not worth missing anything.
    Hope that helps some! Happy 4th everyone!:o





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  • wandmaker
    08-23 05:27 PM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

    You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.

    BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.



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  • kirupa
    11-21 11:47 PM
    haha - good point :P

    So, it seems like I will be unable to add the poll today like I had hoped. I got sidetracked with some other things. Apologies. Tomorrow is the new today.





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  • gc28262
    07-29 06:00 PM
    Lesson learned:

    Always note the rep id, date and time when talking to USCIS customer service.

    This information will come handy when reporting issues to Ombudsman's office.



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  • missedthecut
    02-09 10:47 PM
    I had the same problem couple of years ago and I live in california. My friend dropped me at the mexico border in san diego. Went to mexico and had my I94 changed till the visa expiration and came back to USA. Its very simple and you should not have any problem as you have valid visa.





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  • english_august
    06-08 07:58 AM
    For Postmortem, I think we should focus on one thing, how did that number 90,000 for reducing backlong of EB visas got into the bill in the first place? For illegal workers they did it by percentage to eliminate the backlog in 5 years. Why wasn't something similar done for EB visas?

    I am going to devote a considerable amount of effort in trying to figure that out so that when a similar bill comes around the next time, we know what's going on.

    On another note, I was surprised that how little support we got from the Indian-American community (if I am wrong in assuming this, then correct me)! Bill Gates supported our cause, Intel supported our cause, Google supported our cause; but the huge number of Indian-American tech entrepreanuers in the US? Organizations like TIE? I am not sure if the IV core team tried to solicit any help from them or not but I thought their support was deafening.



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  • MDix
    09-18 10:05 PM
    How do we know that there would be more FB Visa. This allocation is by law and whatever left by FB get distributed in EB.

    Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.

    Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..

    Lets find out if there is any thing in law.





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  • paskal
    11-09 01:16 PM
    I assume that all information provided will be kept private

    all contact info is for internal iv use ONLY!





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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.





    StukAtBEC
    02-16 10:19 PM
    Folks,

    I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.

    I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.

    I have the following questions:
    1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...

    I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC

    2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.

    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...

    Also, I'm looking for a good attorney to help me invoke AC21...Please advise!

    Gurus... please help me with your suggestions.





    Dhundhun
    07-10 06:30 PM
    On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
    In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.


    Basically the H-1B with company Y required Change of Status (COS). I am not familiar with this type of situation - whether you can get change of status done in USA or not. If not I think this is a case, which requires Visa to be stamped in home country.

    Could somebody throw more infromation on this? Thanks



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