Monday, June 13, 2011

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  • suryamnb
    12-03 09:41 AM
    Friends,

    Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
    Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?

    Thanks!





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  • saddaypally
    09-30 10:34 PM
    Hi All, I am on my H1B on the verge of my 5th year's expiration, in 3 weeks. My Labor was applied with Jan 2008 priority date and my Fragomen Attorney mentioned that as long as the labor was applied before the 5th year on H1B, I should be able to get 1 year extensions until my Labor gets approved. The issue is what happens if my Labor application gets screwed for some reason? I wouldn't be able to get extensions on H1B andhave to return home. To alleviate that situation, I was wondering if I could apply for another Labor through a 3rd party company as a future employee and depend on it if anything goes wrong with my Labor which is awaiting approval. I just heard from a consulting company that a clause has been added to the rule which permits companies to apply for Labor for candidates on a future employment basis and this would prevent them from applying for such cases. Is it true? I want to know my options to make necessary preperations in either case. Any insight on this issue would be very much helpful and appreciated.

    Thanks,
    Shravan





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  • ndbhatt
    06-23 12:11 AM
    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.

    There are several hundreds of people who missed July 2007 fiasco, including me. Unfortunately, nothing can be done on humanitarian grounds. Only thing is wait in never-ending queue until you turn comes or wait for favorable immigration policy changes.





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  • pappu
    11-02 04:10 PM
    I had written 2 long posts in the past detailing my own views on how to hire an attorney and how to deal with them when you hire them. You may want to go through them in the threads. If someone can dig them we can try to create a thread dedicated on 'advice when you hire an attorney'. I have myself seen enough bad attorneys (both big and small firrms) and the posts were written based on my experiences and experiences of my friends.



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  • memyselfandus
    06-03 08:59 AM
    Since i had to spend US $ 70 on passportport photos during july 2007 filing, i wrote my own app to format passport photos. some of my my friends and i used it for filing AP the last couple years. i can email it to any of you if you want it. just PM me.
    you would need .NET framework(minimum version 2.0) to run it.
    it supports indian passport photos too (3.5 cm by 4.5 cm) :)

    I have used this site to generate several times.





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  • abhishek101
    05-16 03:34 PM
    My wife received her green card on Friday so I think it is the latest info.

    It comes by priority mail (in priority mail envelop), but no signature is required. No white envelop as old timers are suggesting.

    Also the USCIS is extremely fast now a days. My wife received her green card in 5 days after finger printing (Finger printing on May 6; approval on May 9th; Green card received on May 13th) so when your dates become current and your case is straight forward you should have it in few days.



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  • pappu
    02-10 10:42 AM
    http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/AC21_FAQ
    We have created this area for the topic. You can also add useful info to it to help others.





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  • Shivani
    02-23 11:36 AM
    Hey,

    Thanks for the response.

    One quick clarification:

    a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?

    b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?

    c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?

    Again thanks guys! Have a great day...

    Shivani:)



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  • ufo2002
    09-11 04:50 PM
    EB3 RoW is 3rd biggest group... so not everybody is Indian after all!
    Just j/k, :p





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  • simple1
    06-05 08:09 PM
    Looks like everything in GM is on sale.
    http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news

    Saturn is sold for $100 to $200 mn.

    Who knows GM may sell the retired brands for 1 or 2 mn.
    http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand

    Now the important question.
    Did tatas overpay for jaguar and landrover ? Looks like they did.



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  • swamy
    05-04 11:20 AM
    i'm afraid this has potential to turn into a big headache when theres a job loss. the only slightly useful, if one can call it that, byproduct of the ginormous delays are ppl get sometime to port to a new job but if this is implemented they may make it mandatory for you to inform & then harass you abt it.
    why cant they clarify the regulation first and interpret it properly before indulging in these things?





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  • nikh
    11-30 03:58 PM
    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.

    You are right, there are thousands of people who are waiting to file as soon as PD becomes current. But, those new fileres wont compete immediately (or for current fiscal year) becoz they had to go through the standard processing times before approval (document verification, name check, finger printing etc). By the time they are peadjudicated, it is likely that fiscal year 2011 will be ended.

    My point is there are enough visas available (40040 for fiscal year 2011) for the preadjudicated filers plus the filers who are close to preadjudication (total of 33850). SO, USCIS has to move dates drastically at least 6 months prior to end of fiscal year 2011 in order to help those who are waiting to file in EB2 category. If that does not happen visas will be either wasted or made available for EB3 filers.



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  • nish
    10-06 04:24 PM
    Hi,

    I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
    My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?

    Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa

    Please advise

    Thanks...





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  • urpal
    06-22 08:11 AM
    Hello,

    I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.

    Thank you



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  • Fugu
    01-11 03:02 PM
    The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.

    The company could file for your husband's PR while he is outside the US, and this is worth discussing.

    Thank you for your reply.

    The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.

    Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.

    I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.

    Thanks





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  • sridharnarasimha
    04-09 08:32 PM
    I went for H-1 renewal after 10-year completion. All set for 13 years on H1B. I also renewed my EAD but do not plan on using it. I did not renew my AP after the 1st year. My employer pays for H1 renewals but not EAD and AP renewals. So it was a no-brainer for me. Visa stamping is an hassle, but it is worth the trouble when considering the money saved in not applying for AP for 3 of us in my family for 3 years.



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  • Dhundhun
    04-29 11:14 AM
    Have you sent the renewal papers to the right location? If not, after Mar 26th receive date, the applications will be sent back to the applicant - to be sent to the correct lock box.

    USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Yes I sent it to correct address Lockbox, AZ. Thanks for asking me to confirm.





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  • Refugee_New
    06-12 06:30 PM
    Try taking help from local senator office or even one of lead political figure(example first lady). A request from them makes things move faster.

    Thanks for your response. Do you have any idea how to proceed further?





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  • Gator
    04-09 11:38 PM
    On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".

    According to the attorney, the RFE was responded to with necessary evidence.

    On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.

    Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?

    Please advise.

    Thanks





    tnite
    11-07 09:59 AM
    Mine rec date is july 2nd and notice date july 27th. Have got EAD, but not AP yet. Though I noticed two LUDs on my AP, 10/24 and 10/25

    I received mine on Nov 3 and my ND is Sep 8.The surprising thing is my AP was approved & mailed out on Oct 31 based on LUD whereas on the AP it is Oct 10 (expires on Oct 9,2008 )which means I received the AP for 11 months and not for a yr.
    See my signature for more details.





    satyasaich
    06-10 04:26 PM
    I applied for EAD renewal for my spouse. Earlier also i did renewal myself , but online.
    This time however i applied manually but forgot to send both front & back of EAD. Instead i just sent front side only. Check was clearly written, photos with A#, Copy of 485 (both sides)
    May be a silly question, will it be any issue?


    Copy of 485 receipt
    Copy Front and back of current EAD
    Photos with A# and name in the back (With Pencil/Felt Pen)
    Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks



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