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Tuesday, June 7, 2011

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  • WeShallOvercome
    07-26 12:29 PM
    I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.

    1) Is it safe to change one's residence(different state) ?

    2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.

    Thanks


    It is advisable not to move until you get fingerprinting notice.

    The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.





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  • abhay
    10-29 03:20 PM
    Thanks Man. I am nervous now :mad:





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  • gotgc?
    08-06 11:27 AM
    Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.

    What can we do about this? It is way outside the processing time. My lawyer submitted an inquiry to USCIS in Jan 07. In Feb 07, they came back and said it requires an additional review. No updates since then except an LUD update last week with 07/28/07. When I spoke to my lawyer, she said she can file another inquiry in august..because she says we have to wait for 6 months before we file another inquiry..

    Just curious, whether you are doing anything different to follow up on this case...?





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  • NikNikon
    November 10th, 2004, 10:10 AM
    This was the first thing I thought too but then if he can't maneuver within the menu doing a firmware update may be impossible.



    I would try downloading the software update from nikon and reinstalling it to see what happens.. it is fairly simple.. there are "A" and a "B" programs that need to be loaded independently... the instructions on the site are straightforward... I have had D-70 since they came out and have had no problems.... If your local retailer will not stand behind the camera it seems nikon should... isn't there a year nikon warrenty?



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  • dilbert_cal
    09-26 06:15 PM
    this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.

    Cool down yabadaba. No need to generalise stuff.

    There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.

    OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.

    Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.

    OP - If you can provide more details about your case, it will be helpful.





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  • kumar_77
    12-17 10:12 AM
    Hello ,

    can you please give some details ...like your 140 Status , eb -2 , or eb-3 , PD ...SUB etc..


    Thanks



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  • deba
    06-14 07:52 PM
    What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.





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  • ravi2patel
    07-23 11:29 PM
    Thanks guys..i did approach another attorney and he said i should be OK as i have a clean record, that i should not get stuck with the 'semantics' of company mergers which happens all the time.

    Having said that my current attorney is not asking for more money..so i am confused. But with the Aug.17 deadline fast approaching i will at least complete the paper work and wait for further advice from you kind folks. Thanks



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  • pappu
    03-29 02:37 PM
    My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..

    If he is ROW EB2 he will get his greencard soon. I485 processing times are reduced to 4 months average per USCIS Director.





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  • same_old_guy
    05-22 05:13 PM
    Checking out this section of the bill :

    (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
    for an employment-based visa filed for classification under
    section 203(b)(1), (2), or (3) of the Immigration and Nationality
    Act (as such provisions existed prior to the enactment of this
    section) that were filed prior to the date of the introduction of
    the [Insert title of Act] and were pending or approved at the time of
    the effective date of this section, shall be treated as if such
    provision remained effective and an approved petition may serve
    as the basis for issuance of an immigrant visa. Aliens with
    applications for a labor certification pursuant to section
    212(a)(5)(A) of the Immigration and Nationality Act shall
    preserve the immigrant visa priority date accorded by the date
    of filing of such labor certification application.


    It says something about preserving priority date. Is there any provision to port the priority date from old system to new system. I am sure there would some sort of concept for priority date in the new system.

    Now if we can transfer our priority date from old system we would definitely get some benefit in the new system. Any comments ?



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  • manderson
    05-24 01:08 PM
    we need to be on front page of CNN, FOX, MSNBC etc. if we want to make a difference.

    By the way , i did send several emails to CNN. But looks like we are gonna have to wait till someone covers us in media.

    just make sure it's not Lou Dobbs!





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  • qualified_trash
    10-05 02:11 PM
    I used to work with someone who is a Canadian citizen (but originally from France). he once told me that every close friend of his applied and got through except for him..........

    I think he continues to apply every year.........



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  • amsgc
    04-17 08:36 PM
    The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.

    It is always good to wait till the new application is approved, and the approval notice has been received, before you give your two weeks notice.

    on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..





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  • indyanguy
    10-17 06:48 PM
    If you open a company on EAD, you are eligible for any positions that pay by W2 right?



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  • immi2006
    10-21 11:40 PM
    I do not think so, even though you have two application , there will be only 1 A# for each applicant.

    We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.

    We did not apply for EAD and AP, through my wife. I applied from my side for both of us.



    OK, everyone knows that double I485 was not a good idea. However, many people had done it and I was one who was thinking of it, but did not do it. As per my attorney's advise, stopping a check issued to a governmental entity is not legal. On these grounds, I decided not to file 2nd time.

    I guess the best way would be to withdraw the second petition. One can do that by writing a letter stating the reason for withdrawal and sending it to the appropriate service center (with tracking number.) Of course, the reason should be true, "Due to the July Visa Bulletin fiasco and indications that my first I485 could have been lost, I sent out a second application which is should not be considered anymore," or something like that. Withdrawal of the second I485 would, most likely, be the safest way to go about it.

    Regards,





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  • Ramba
    01-08 12:09 PM
    Thanks all for the advise/comments. Mixed opinion. I was hearing that, because of Indian Rs gaining stongly aganist US$, outsourcing to India is not cheap anymore. I also informed that hiring fulltime/permanent employee in US is cheaper than outsourcing. I do not know howmuch true it is.

    IS all QA jobs are shorterm in nature? As I have already a GC, is it easy to get fulltime (longterm)/permanent job in QA?



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  • truthinspector
    02-12 06:16 PM
    No !

    Hi,

    I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC


    Thanks





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  • petronut
    04-30 04:44 PM
    I140,TSC EB2(regular)

    RD-1/8/07. ND-1/11/07

    PENDING





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  • goel_ar
    12-21 11:29 AM
    Thanks for responding.

    Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?

    Anyways, I have an infopass appointment on Tuesday & see how it goes.
    It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.

    Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.

    Thanks,
    AG

    Goel_ar,

    Your manner of last entry is the status that you are currently on. Thats a fact.

    This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.

    Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.

    Hope it helps.





    chanduv23
    09-04 10:21 AM
    How difficult is it to find info about the old cases. It is a simple search query on the database. (One single query)

    We never know. They keep changing systems. Believe me - their systems are not perfect.

    Once I was vacationing in Lake George and happened to get stuck at the border post - we were asked for proof of valid status and all we had was drivers lisence. Then they scanned their computer and told us
    My wife - they found that she is in status - currently on h1b (first h1b)
    My case - they say my status was legal from May 2000 to July 2001 - My first h1b and after that I took h1b transfer and they cannot locate it in their system and unless I show my documents, they have no way to find out. Then struggled for like 30 min doing all kinds of searches on their computer and did some querying based on current employer etc.....and finally got the info and started chit chatting with us like friends.

    This is the advice they gave us - Please keep ALL documents with you - keep originals, copies etc.. very useful when govt agencies cannot locate your information.

    Thats why they rely on outside agencies.

    What if someone is not using AILAs attorney? Are they screwed?





    ganguteli
    04-23 09:24 AM
    Focus on your goal. Emotions may not take you there.

    If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.

    It is your choice. And yes you can file legal case against law firm. But then what?

    Dude,
    Stop having a fake profile with fake dates.
    Fill a correct profile or not have any date in your profile.

    You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.

    Current GC Processing Stage
    N/A
    Priority Date
    Before 2000
    Green Card Category
    EB2
    Nationality
    India
    Country of Chargeability
    India
    Service Center
    California
    Labor Type
    Regular
    Perm Center
    Atlanta
    Labor Approval Date
    01/04/2004
    I140-I485 Concurrent Filing
    Yes
    I140 Mailed Date
    08/02/2004
    I140 Filing Type
    Regular
    July 2007 Filer
    No
    Adjustment of Status Application Type
    Adjustment of Status (I-485)
    Application Status
    Approved
    I485 Approval Date
    08/06/2006



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