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Saturday, June 11, 2011

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  • deecha
    08-06 11:15 AM
    My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
    I think you should resend the packet in with proof of prior mailing.





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  • tnite
    01-13 08:36 AM
    Hi,

    My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.

    Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.

    Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.

    The immigration lawyer says that the error in the date of birth had little to none effect on why the I-130 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-130 and I-765 was approved on the same day.

    However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!

    There is no relation between tax documents and I131 .Date of Birth might have been an issue . Maybe u'r lawyer is talking BS.
    just so that you dont get confused , I130 is a Petition for Alien Relative (equivalent of I140 for family based immigration)
    I131 -Advance parole





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  • chanduv23
    10-01 03:23 PM
    ^^^^^^^^^^^^^





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  • aviko21
    09-29 06:36 PM
    its all normal...........

    they are not processing it as efficiently as you would like but its getting done...
    like for me i got my ead cards and a transfer notice within 2 days of check cashing but still no receipt notice..
    give it some time, they are under a lot of stress with the number of applications.



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  • dilusa1
    07-18 08:43 PM
    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.





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  • gc_chahiye
    02-17 09:41 PM
    U r absolutely wrong. No matter how many years u had on ur H1B, but if u switch over to EAD, ur H1B is history. It just cannot be revived. If u r so in deeply love with H1B, then u will need to reapply and fall under the regular annual quota ...

    can you post a link to some website to back up that statement?

    From what I know if you were counted under the H1 quota in the last 6 years, you can get off H1 go to EAD and come back to H1 without the need of a new petiton and annual quotas etc:
    http://www.shusterman.com/h1bfaqaila.html
    2. Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?

    If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.



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  • lostinbeta
    10-16 01:00 PM
    It is a default shape in Photoshop 7. You can view my attachment to see what it looks like.

    They might have it in Photoshop 6, not sure.





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  • cal97
    08-17 02:37 PM
    If you had both your I-140's approved not sure why your attorney refused to go in for a I-140 substitution. Thats very weird. Should have been done in the first place. Why would someone not want to use an earlier PD :mad:?? Beyond me. If you hired the lawyer, give him your peace of mind. If he/she is a corporate attorney make sure to talk to your Manager/HR to get things fixed up.

    You should be able to substitute it now as far as I know. Consult a good lawyer.

    My I485 was filled with EB3/PD Sep 2002. That time I had EB2/PD-Sep-2004 approved too but my layers said that we should file with �EB3/PD Sep 2002� and when I asked them to combine my EB2 with �EB3/ PD Sep 2002� they said USCIS will reject it.,
    Now as EB3 is unavailable, is it possible to use my EB2 approved I-140 with already filled I-485 ( which was filled with EB3/PD-Sep-2002) so that I can retain my EB3/PD-sep 2003 but change the preference category to EB2.



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  • insbaby
    05-22 08:00 AM
    Did you ask him to give you this information in writing? :)

    Two years back, in the month of july, they accepted all applications in one month.

    May be they have been working in the past 2 years to print cards for all of them and ready to dispatch this July.

    :D :D :D :D :D :D

    I think, they probably distribute thru the local stores like Walmart, Target and Costco.





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  • MArch172008
    06-16 05:03 PM
    IS any one processing two GC process one with the current employer and other based on future employment with other employer ?

    regards



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  • yestogc
    07-02 09:52 PM
    Once you use EAD, you cannot go back to H1B.
    Also I did not understand what you meant by :

    "But need to bring my spouse in few months on H4"





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  • hope123
    12-21 06:29 PM
    I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?

    1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
    2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
    3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
    4. Does my new company has to give same exact responsibilities as my labor certificate?

    I would appreciate if any one replies to these posts. Thanks in advance.



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  • Sakthisagar
    04-15 08:35 AM
    Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,

    Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)

    Good Luck to you and let us enlighten us, what happened to your case.

    Prayers to everyone who are in this difficult phase of life extending the H1B.

    May GOD Bless





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  • alisa
    08-03 10:45 AM
    I am starting this thread for people who are still waiting for their I-140 approvals.

    There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.

    The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
    In December 07, the processing dates for NSC EB3 were at January 2007.
    In July 2008, the processing dates (NSC, EB3) are at March 2007.

    We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.



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  • pa_arora
    07-23 04:24 PM
    You cannot file EAD/AP without the Receipt notice. Since u will be filing it urself anyways(no layer fee involved), y dont u file it with just stating the 485File number in the covering letter, also attach the prints of the checks cashed.

    I would say its worth giving a shot.

    [You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]





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  • immi_enthu
    08-28 10:40 AM
    That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.

    kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?



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  • jnraajan
    03-27 12:26 PM
    Bump





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  • PD_Dec2002
    07-07 09:58 PM
    Thanks for your reply. We just published the ad a week ago. Is that a big deal to revise now ? It went into computer world and stuff. I am not sure how difficult it would be.


    Hence for this matter, I have another employer willing to file my LC this month. But I am thinking since I was not with them when they sent out the ad and requesting wage details, IS this something considered equivalent to LC subsitution if I join them and file my LC with already sent out ad ??

    Your answer is highly important.

    Thanks

    I am not sure I understand what you are saying. But before you get flamed (and correctly so) by everyone, I just have one advice for you: "What goes around comes around".

    Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...

    Good luck.

    Thanks,
    Jayant





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  • krithi
    04-23 12:38 PM
    First of Change the subject of this thread. This is confusing to state that your I485 is already denied.

    To your question:

    1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.

    2. Opening MTR takes months, if you are lucky then it might be quick.

    Now a question to you.

    1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.

    The safe bet:

    That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.

    Just my thoughts, better consult with a lawyer if you are in such a situation.

    Good luck.

    Raj

    Raj,

    Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.





    drona
    08-08 01:37 PM
    Southern California IV members,

    There are several action items that we are currently working on in the Southern California group including meeting with our lawmakers, membership drive events and getting together volunteers to make calls for the DC Rally. We urgently need active participants to help us carry out these action items. Please contribute your time and effort so that IV can succeed in resolving our issues.

    For more information, join us at our yahoo group:

    http://groups.yahoo.com/group/SC_Immigration_Voice/





    calaway42
    10-04 12:03 AM
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