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Monday, June 13, 2011

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  • Hewa
    07-27 01:07 PM
    Hi,

    My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".

    My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.

    Regards
    Kasi

    Use the latest (and valid) I 94. The one that came with the H1 extension.





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  • aamchimumbai
    07-23 09:43 AM
    my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.

    My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.

    Thanks again to all your responses.





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  • little_willy
    12-14 01:49 AM
    Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.





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  • Dhundhun
    11-24 05:13 AM
    Nihar, let me understand your problem and explain you, what might be happening?
    #1. You are doing MBA
    #2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
    #3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
    #4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
    #5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
    #6. If you are on dual status, your H1B will start from Jan 2008.
    #7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
    #8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.



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  • 123456mg
    02-17 02:41 PM
    Oh dear, I am so sorry to hear it. I would like to ask some questions to you: Are you leaving the company on your own or getting laid-off? Cause if you are getting laid-off then you can still maintain good relations with your I-140 sponsor so no problems will occur in future. If oyu are leaving because of some employment concerns and not keeping good relations then I am afraid, you will be forced to use AC21 with H1-B transfer as the only option. Request the new employer to sponsor you for I-140 so that you will continue gettin gH1-B extensions in case your old employer withdraws the I-140 pending application.

    I am not an expert and this is just my opinion.





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  • Imm_Exploited
    07-23 02:15 AM
    rdehar,

    I cannot agree with you more. The God-damn Labor Sub was the one of the main causes for the torturous retrogression of EB-based PDs.

    Some one correct me if I am wrong; the majority of members on these forums are from India and no one can convince me that this GC wait is NOT absurd.

    If the US is benefited from the skilled employees from India and they are not scared of these highly skilled personnel from overtaking the white Americans, starting their own businesses and demanding more moolah for their skills, they would have opened up the GC gates long back.

    Free Market My Foot!! If the US did not have me as a bonded slave (read H1B + pending EB status) since last six years, I would have been a millionaire here like any other high school graduate could be. The laws for immigrants here are more stringent than those that are prevalent in communist China.

    And one last thing, please nobody advise me to go back home because I am here in the US since it is worse in India. This is a nation of immigrants, and we all should sustain and reiterate it, time and again.

    Sincerely - IE



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  • bytegame
    07-17 04:14 PM
    Instead of flowers, lets make IV strong by contributing more to it. The battle isn't over yet. We may still end up living rest of our lives on EADs and APs.

    Again, pl. contribute!!





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  • mallu
    07-19 08:49 PM
    And ask many Indians,Chinese etc about their namecheck experience :-)

    But this won't be easy "Do you want us to compromise on national security", will be the first question asked . They will acknowledge the applicants pain and won't budge . "We know thousands like you are getting screwed for many years, but national security is foremost'.

    I really hope they rely on electronic documents and don't push paper from one office to another.

    First, I would like to congratulate each and every member of IV for having an effect on USCIS and successfully able to submit the 485 in July. The things that mattered were the unity and direction / advise from the core team. Its a victory by any standard.

    The next big problem will be the delay in FBI name check. With the very little workload they have there are backlogged cases from 2003. It is again like a black box (Hope you remember philly BEC). You can do anything you want but FBI wont budge. And with this extra 200K + applications, the situation would get worse and worse. You really do not want to get stuck here for years. The only thing that works is WOM, and thats not an easy thing to do.

    I would strongly urge the core team to consider this as an agenda along with ongoing effort of legislative solution of retrogression (Increasing the number of GCs). I would also ask all the members who were able to file 485 to read some of the forums (Yahoo namecheck tracker, immigration.com etc), and prepare yourself of what is coming. Right now, if you are unlucky, you get stuck, but later if you are lucky, you will get through.

    We will win at the end, because we have not done anything wrong. Just keep unity.
    Thanks

    I contributed $150



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  • ivjobs
    11-06 05:26 PM
    newbie2020 has taken the initiative of arranging the first conference call which was well received among the members. And one of the points he mentioned in the meeting is worth noting here.

    People who are driven towards entrepreneurship have expertise in one or the other field. However they may be looking for help in fields other than their area of expertise. That is where IV members can help each and build their successful businesses.

    For example, some of us may be experts in IT, few in Accounting, few in Marketing, few legal, few finance, etc. And a startup/business needs all these to become successful. That is where we can help each other and grow the businesses. And this is one intention behind starting the IV Entrepreneur yahoo group.





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  • roseball
    04-03 09:13 AM
    You can get a 3 yr extension. However, if you happen to go for stamping, I would advise to get it done in your new PP, if possible. Depending on which Indian Embassy's jurisdiction you fall under, you can apply for PP renewal within 1 year to 6 months of your PP expiry. Note that the renewal process might take anywhere between 4 - 8 weeks.



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  • franklin
    02-09 10:48 AM
    In light of recent efforts to find out how each and every one of us can help our cause, I'm starting this thread to find specific things we can do to help.

    Place trust in your core team. They are working on things that we can not know about.

    But what can we do? Other than just contributing? Each of us needs to take inititive in our own way. If 2 members in NJ can distribute flyers for a few hours - can't EVERYONE active here do something with a similar impact?

    * Remain positive and focused.
    Focus your efforts on contacting someone in the media, a friend, a fellow green card chaser. For every post that you make on this forum, write and email to send to someone. If you make a negative post about how things are hopeless, you write 2 emails to spread the word.

    Pick someone on these lists, and send an email. http://immigrationvoice.org/forum/showthread.php?t=2499 Pappu has another post somewhere with a huge list of media outlet emails. I can't find it right now for the life of me


    * Thinking outside the box
    Been frustrated by main media coverage of our issues? Want to scream when Lou Dobbs comes on? Have you thought of different mediums that could work in a different way? Distribute those flyers at a local commute stop, write to www.moveon.org, or one of the NPR stations.



    * Response
    Every time someone posts a new article on this board, make the effort to respond to the reporter involved in the article. Even with 200 active members, if ever reporter gets even 100 emails all about the same issue soon after their article is released.

    The general public don't know about our problem, we all know that polititcans are notoriously out of touch. Let's leave the sensitive influence to the core team, and we can help tackle the general public. When public opinion is loud enough, I can guarantee that people will start to listen.

    You know what blew away the politians in the last presidential election? The power of small, grassroots organizations - using the web to spread the word.

    Lets pull together on this.

    FWIW
    I'm EB3 - ROW





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  • srinivas_o
    09-16 02:11 PM
    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas



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  • valatharv
    07-16 10:54 AM
    Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.
    Thanks for replying...

    I have already renewed my passport in April 2010 and corrected father name ...

    I am worried for USCIS old forms before RFE for 485, my father name shows as <lastName> then <FirstName>.





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  • BharatPremi
    11-01 02:40 PM
    When I filed my 485, I gave My company address in all the applications. My company is in Washington State.

    But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).

    Also I move within california after filing 485.

    Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.

    That is what my company recomended me.

    I got my EAD and all other receipts to the company address.

    Waiting for AP and FP mails.

    I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.

    Hope this helps you.

    What you did is perfectly o.k as you are inviting your documents at your employer's address. With this employer you have a work history. But in case of giving your friend's address or relative's address as your address for USCIS documents purpose may create a problem if in future if you do not mention that address as your past residence address in the "Address History" which generally require for any back ground checks.



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  • IfYouSeekAmy
    01-13 07:48 AM
    I like all the faces!!! :p

    Ha Ha ;):D:o:):(:confused:

    Stop this spreading without proof.





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  • VA2008
    09-25 11:56 AM
    Great find! I printed and posted it my office.



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  • pappu
    12-18 09:07 AM
    Don't be too happy since it moved May 2001 for India. DOS is moving the dates solely based on the demand from the USCIS. They dont know what is DOL cooking ( or they dont care). The BECs have roughly done half of their work. Thats about 180K. Another 180K ( roughly) are pending. So once
    they all cleared we may get a better picture of the Plight of EB3 & EB2.

    My guess is that anybody who has a PD (India)

    Jan 2003-Dec2003 9 years
    Jan04-Dec04 12 years
    Jan 05 > 15 years
    as per present law.


    This also underlines the importance of an effective lobbying. We have to make this baby organization to a much stronger one. With lots of dollars and lots and lots of people. In my opinion we should have at least 75K active contributing members.

    One good thing is that people who came to US recently ( after 2004) and who apply PERM get things done in 8 months until I140. At I140 they realize they cannot move forward. They are slowly understanding the agonizing situation we are all in. I hope this will eventually turn in more people to immigration voice.
    Good luck to all
    babu

    well said.
    We have better chance of success if we are a stronger organization. Efforts by members need to happen everyday and not only on the day when senate/congress is in session and discussing a bill. We can achieve success if every member is actively involved in the action items.





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  • pd_recapturing
    04-21 03:23 PM
    Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
    According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.





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  • lsuk
    07-21 10:24 PM
    GCKarma,
    You can extend your H-1B up to three years, but if you use your EAD card at some point, your H-1B is void. However, you can always recaputure your H-1B time later if needed (and if counted within the last 6 years unless left the U.S. for one year) and will be eligible for your extensions later.





    doesntmatter
    05-20 05:21 PM
    Background:
    No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
    No Notice of Intent to Deny; Straight denial notice in around 8 business days
    EB2; Priority Date: Mar 14 2005
    LC: Approved Mar 2007
    I-140 Approved May 2007
    1-485 Applied Aug 2007
    First RFE: Only G325
    Second RFE: 4 Items
    1. Signature issue in Medical forms - redid the forms
    2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
    3. Travel dates since the first arrival at USA - furnished all of them
    4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
    What happened in that time?
    Was with Company 2 on L1-B
    L1-B was about to expire by Aug 29, 2001;
    Applied for L1-B extension on Aug 3, 2001;
    RFE on L1-B extension on Feb 23 2002;
    Response submitted for RFE on Mar 3 2002;
    NO RESPONSE TILL SEPTEMBER 2002
    Apply for H1-B with Company 3 on August 20, 2002;
    ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
    Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
    Obtained H1-B visa and travelled back June 2003;
    Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;

    FURNISHED THE COPY OF THE H1-B PETITION in my response.

    Denial Notice was sent out today (have not received it yet).

    Is it possible that USCIS finds me ineligible for AOS based on:
    Normal Eligibility Standards of AOS under Section 245(a)
    Alien must be �eligible� for immigration; and
    Ineligible classes
    Alien was employed in the United States without USCIS authorization prior to filing AOS application;

    If so:
    1. Will I be able to do a MTR or an appeal?
    Or
    2. Is a lawsuit the only way to go since I will not be allowed to appeal?

    How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.

    P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.





    mpgc
    10-16 04:56 PM
    Hi,

    My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)

    These are my questions:

    1. Do I really need to apply AC21 now?

    2. If I apply AC21 with Software Engineer title what could be the consequence

    3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?


    If anyone has better idea, please advise me. I'd really appreciate all your help.

    Thank you very much...



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