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  • cygent
    06-10 07:44 PM
    Hi diptam,

    Don't forget, if you filed in PERM, your labor might be <365 days.

    I'm confused - Everyone who has a 140 is supposed to have a Labor and very likely that will be more than 365 days old. So why do anyone need 140 approval in that sense ?
    http://immigrationvoice.org/forum/showthread.php?t=19534





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  • ramnadhan
    12-13 04:49 PM
    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.

    Thanks,
    Ram





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  • nkavjs
    10-18 10:38 PM
    July 2nd Filer.
    RD : Oct 2
    Receipts mailed : Oct 8
    EAD cards : Oct 1oth issued.. recd. Oct 18th
    FP pending
    AP pending





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  • eb3_nepa
    10-02 01:04 PM
    But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.



    In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).

    In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.



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  • Rayyan
    07-28 03:01 PM
    Just wanted to let you all know I got my name change in the passport ( Indian Embessy NY)
    thanks for all your help





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  • Administrator2
    03-13 12:28 PM
    I have a question.
    How do I contact my senator ?

    I know his phone number in DC but was not sure if I just call him up directly on the phone number or if I do it differently. Any suggestions would be greatly appreciated.

    eyeopeners

    Please refer to the word document 'Guidebook: How to meet your lawmakers' at the top Menu

    Advocacy > Guide-Meet Lawmakers



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  • saibaba
    12-04 12:01 PM
    One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.

    He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.

    He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.

    Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?

    I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.

    Looks like he can get paid by the new employer by 1099, is that correct?.
    Also I�m skeptical about using EAD while keeping your H1 with original employer.

    I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?

    Has anybody done this? If so can I know what are the pros and cons?

    If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.

    Can someone pls share your knowledge?

    Thanks





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  • solaris27
    03-12 10:16 AM
    Congratulations



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  • gcdreamer05
    07-03 02:01 PM
    Please dont take risk travelling while the h1b petition is pending.

    I would advice not to travel during this case.





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  • deepakjain
    11-16 06:40 PM
    As has been discussed and responded to a million times on this forum, the answer to this question is, when you enter on an AP, your immigrant status changes to parolee, but your H1B continues to be valid as a work authorization document and you can still use it to work for the same employer.

    Thanks...

    Here you go:

    If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.

    If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.

    Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.



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  • SEP03NY
    08-15 02:57 PM
    one of my friend file I485 on 30th July, he got receipt notice. They
    have mention received on 2nd July.





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  • gbof
    04-08 07:40 PM
    are 2 locations based on states where you live.

    Dallas and Phoenix.
    If you live in:

    Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands.

    Mail your application to:

    USCIS Phoenix Lockbox

    For U.S. Postal Service (USPS) deliveries:




    USCIS

    PO Box 21281

    Phoenix, AZ 85036

    For Express mail and courier deliveries:


    USCIS

    Attn: AOS

    1820 E. Skyharbor Circle S

    Suite 100

    Phoenix, AZ 85034




    Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia




    USCIS Dallas Lockbox

    For U.S. Postal Service (USPS) Deliveries:



    USCIS

    PO Box 660867

    Dallas, TX 75266



    For Express mail and courier deliveries:



    USCIS

    Attn: AOS

    2501 S. State Hwy. 121 Business

    Suite 400

    Lewisville, TX 75067

    Yes, friend. My I-140 was approved from TSC and also my I-485 is pending at TSC and since 'm currently in Indiana, I had (reluctantly) mailed at Phoenix. Hoping for GC before EAD (wishful thinking). Amen !!



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  • coopheal
    09-07 03:17 PM
    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

    Yes where is my green card?





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  • seeking_GC
    07-28 07:33 PM
    This is the content of the email I received.


    Receipt Number: WACXXXXXXXXXXX
    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
    Current Status: Case Transfered to Another Office for Processing

    On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.


    =========================

    DSLStart can you please post the contents of the email you received?



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  • vicky007
    10-03 06:49 PM
    We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.

    Isn't it done before LC filing?

    Guru's please answer this query:

    I have been reading that the BEC would give recruitment instructions for pending cases.I have filed at the Philadelphia BEC in Dec 2004 ,the lawyer had advertised before filing, so will re-advertising still be required?? Please clearify its very confusing.





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  • Chicago Desi
    04-13 01:02 PM
    All visa stamping is now done outside US. As long as you dont travel outside of USA, you can stay legally till the date mentioned on your I-94 attached on I797. But, if your H1 extension is subjected to your visa interview in Islamabad, you have to go to interview.

    I dont know what DWI is, but whatever it is, do not hide it on your visa application. AFAIK, traffic violations are not criminal offences, but I might be wrong.

    You better have criminal record strighten out with DHS ASAP, one wrong info and it will become a huge problem.

    Good luck.



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  • snowshoe
    01-01 09:00 AM
    I just returned from my 4 days cruise with a stop at Calica, Mexico. Here is my experience with the Customs and Border Patrol officer at the Port of Miami:

    I told him that we had applied for green card and handed him the original AP approval notices. He went through our passports to look at our visa stamps. He pointed out that the Visa stamps in our passports had expired, he asked me if I still work with the same company, I answered "Yes" and handed him our new H1 extension approval notices. He looked at the documents (guess looked at name and validity dates) and then took all the documents to another officer.

    After returning to his desk he justed entered some data into their system (I think our passport numbers) and told us we were good to go. He did not take our AP notices and did not issue new I-94.

    (while embarkation the Carnival staff had looked at our AP notices and hence had not asked for our old I-94s).

    I wish all of us a very happy new year.





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  • shaifu
    03-28 10:37 PM
    Hi Friends
    My employee filed for H1 extension for me in oct 2007.Earlier i had been granted a 3 yr extension in 2005.Today USCIS reported that they needed additional information from me to approve my case and had mailed me a letter in this regard.Does anyone have any similar experience.I have my EAD and AP and my PD is Sept 05 in EB2.What information if any could USCIS be needing.Any suggestions are highly welcome and appreciated





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  • mps
    08-15 05:00 PM
    :p You just killed spirit of "AC21"

    :D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !

    I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let�s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?





    tnite
    08-10 09:02 AM
    Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.

    WHEN: Saturday AUGUST 11th

    LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)

    TIME: 1:30 pm

    IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)


    bump





    johnamit
    07-18 09:47 AM
    this window of opportunity to file 485 till August 17th will provide some interim benefits to most of us but we are destined to see long long wait before 485 approval. So I suggest we keep doing our efforts to get achieve other goals like recapture of unused visa number and things of that nature. We need a course of action to raise our voice which could include interaction with congresswoman, rally, letters from Hitech industry leaders and other things of this nature. I am hoping Core will come up with a plan soon.



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