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Prashanthi

06-29 01:28 PM

I have questions on the facts of your case, you say that a recruiter signed a contract on your behalf?, how is that possible?, the contract would then be between the recruiter and your employer, unless you signed a separate contract with the recruiter agreeing to certain terms and conditions, also it is not clear if your recruiter is in the US or in Phillipines, many other aspects are not very clear. Therefore i gave you a general response as to what happens in these situations, if you need a more specific response to your questions, i suggest that you consult an attorney over the phone or in person, it would make more sense to look at the contract in question and then give you advice on your problem.

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softcrowd

06-21 10:43 AM

So if my 140 is denied while my 485 is pending & if I have another 140 that's approved, Can I just swap it? Is that possible?

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martinvisalaw

06-16 01:01 PM

Thank you Ms. Martin for your replies, it has been very helpful. As a follow up to hiralal's post, I have a question regarding H-1 status, totally unrelated to the original poster.

If one has a valid H-1, already extended beyond 6 years and is valid till 2011, has a pending I-485: what happens when that I-485 is denied? Is the H-1 status lost immdeiately as is the EAD/AP situation?

Your H-1B should not be revoked just because the 485 is denied. You should be able to continue in H-1B status until it expires. However, you would not be eligible for extensions since you would be over the 6 year maximum.

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jonty_11

07-11 04:38 PM

Normally a Month, ask ur lawyer to call and find out.

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senthil

07-26 01:53 PM

wow this was really fast. can u furnish some details like
country / EB category / PD etc for our info. good luck

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dixie

08-21 08:49 PM

1. To be fair to all, Ask all h1b's to gain 2 - 3 years of US experience, before filing for GC. (2 years of Paystub at the minumum and or tax returns).



What sort of "fairness" do you hope to achieve by delaying new GC applicants ? Given the current pace of visa number availability, it is going to be 2015 or so before a 2006 PD for EB-3 becomes current and USCIS gets to it. Does that not already take care of "fairness" with respect to older applicants ?

For a new GC applicant who is looking at another 8-9 years wait to file 485 (I am one of them and there are plenty on this forum) it is more important than ever to lock a PD asap. Even assuming it is in larger interest of all of us, how will you educate an average lawmaker of all these intricacies ? We are having a tough time as it is distinguishing ourselves from the illegals.

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saro28

10-20 01:55 PM

Not True, We submitted the Birth Certificate obtained from Indian consulate here in US and One of the GC got approved recently. In my opinion the Birth Certificate from Indian Consulate is sufficient

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pappu

01-24 11:47 AM

If there is going to be any more discussion on if IV should push for 485 or not push, moderators will close the threads. There has been enough discussion and arguements in the past over this and members are more than willing to give hundreds of ideas and opinions for free but only a few actually care to implement them or help IV with a mere $20. If you want to discuss it, go to other forums and discuss it and be an armchair strategist.

If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.

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gc_kaavaali

12-08 01:36 PM

Hi guys,
IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...if IV succeed you don't have to go through hassle of renewal of EAD and AP.

http://immigrationvoice.org/forum/showthread.php?t=15905


I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.

Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!

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bostonian28

12-10 12:16 PM

Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.


http://www.murthy.com/news/n_yatmay.html


Any comments / suggestions ?

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champu

03-12 09:25 PM

Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)

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zoozee

07-30 02:10 PM

I too am eager to receive the receipt but since i have signed the G-28 form i guess have to rely on the lawyer of the employer.

Zee

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joshraj

10-03 11:54 AM

Filed: July 27
Center: Neb
RD: Not Yet
FP: Not Yet
EAD: Not Yet

I140 - Pending at Nebraska

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sanojkumar

08-21 11:51 AM

bumping up??

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dealsnet

09-08 12:12 PM

Collect from whom?
You are not giving any credit card info.
Did they collect from India?
I don't think India will have that facility.

Could be collect call. I would not trust this.

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eilsoe

10-03 01:25 PM

Allright....

SPAM*MATH.ACOS(POW(INFINITY,INFINITY))/2*3+SIN(INFINITY+1)


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augustus

04-22 11:30 AM

Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.

Sorry for the confusion. But please do help me if you have any inputs.

In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?

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ita

10-31 11:52 AM

Can someone please give me the website link to book a visa appointment?

Is it same for all consulates in India? I'm looking for Chennnai.

Thank you.

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karanp25

07-21 05:08 PM

I assume he can use the AP after October 2008 for his travel--correct?



This is trouble.

They might have issued AP to you, lost somewhere in mail. Now they renewed starting expiry of first one.

On this AP - a big NO.

I hope someone familiar with this type of situation - is it possible to request USCIS by taking infopass?

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Lisap

08-03 12:30 PM

Libra-

I apologize for upsetting you- I am not a pro at this just joined yesterday- can you give me a break? Next time I will send you a note to see where you think I should post....

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eb3_nepa

07-09 02:05 PM

Try complaining to the local Bar association. Thats the advice someone gave me. Also try the Better Business Bureau.

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shree772000

07-20 08:12 AM

In the longer run I think many of us will go back if not close to 90%. That is the charm India holds in our hearts and minds.

Its just not jobs or lack thereof, its not about comfortable life or lack thereof, you will be pulled back at your heart.

And with all the brains going back India can no longer be poor and will overflow with talent so there will be more companies moving into India.

I plan to go back regardless of GC.

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rajenk

08-09 01:02 AM

That's why I did a premium processing in June. I applied on June 15th in Premium and got it approved by 25th June, I got 3 years. That is correct, they approve H1B for 3 years based on the current Visa bulletin if you are extending Visa beyond 6 years.

But you can apply for 3 years when you are left with 6 months of currently approved Visa. Hope this clarifies your doubt.

-Raj

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renupond

10-04 05:02 PM

My self and my wife both are on H1B. Both are working for different companies.

I filled I 485, EAD and AP through my company, for my self and my wife.

Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.



Your help will be really appreciated. :)

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jonty_11

02-13 05:42 PM

call customer care USCIS and ask for an update/status

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sheryn

09-04 12:20 AM

I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

Any insight on my current situation is much appreciate.

Thank you all very much,

Sheryn:)

I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

Any insight on my current situation is much appreciate.

Thank you all very much,

Sheryn:)

I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

Any insight on my current situation is much appreciate.

Thank you all very much,

Sheryn:)

I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

Any insight on my current situation is much appreciate.

Thank you all very much,

Sheryn:)

I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

Any insight on my current situation is much appreciate.

Thank you all very much,

Sheryn:)

I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

Any insight on my current situation is much appreciate.

Thank you all very much,

Sheryn:)

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Raju

06-10 07:35 PM

My 6 years end today and my extension filing is already in and pending since April. I wonder if they would entertain people who already filed and are waiting.

I can't believe I am saying this but I hope my H1 extension does not get approved until I can file premium. :-)

You do not qualify for this at least according to the above statement. You do not need 140 approved for h extension. You will automatically get the h extension based on the fact that you labor was filed 365 days prior to your H expiration. This is for folks who need 140 approved for H extension

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ags123

07-26 12:40 PM

spoke to the lawyer and they said they have experience last month of filing a I485 similar to mine at Nebraska and had no issues.

So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.

Fingers crossed

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mahathi

05-11 06:12 PM

Can I go to India and after the cleanace can I get the visa stamped in india?

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FinalGC

10-16 01:52 PM

Kambi:

Based on current stats,

LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.

However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!

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chanduv23

09-14 12:23 PM

All the more reason to come, by now, alomst every employer knows about IV and what we do.

Everyone knows that you browse IV anonymously with the fear of getting noticed by employer.

There is nothing to hide. Be proud of whatever you are doing.

IV comprises of people like you and me.

Yes, follow your heart, nothing wrong will happen, only good will happen.

Shed off all your ill thoughts and negative feelings, come join us to the hsitoric event

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cram

10-09 07:06 PM

please anybody????????

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spicy_guy

08-11 12:09 PM

Pappu: Can we do anything about it? It does seem to be a good bill.
If voting on the website really has any impact, why can't we do it?

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Marphad

04-20 01:58 PM

My passport expires in 6 months. What is the earliest time before passport expiry can I apply for my Indian passport renewal. How long will it take to process it.

1 year

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braindrain

04-17 11:57 AM

You can apply starting 1 year prior to your expiry and all the details are available in the Indian Embassy websites.

simple google search would give you all the required details. You can start with the below URL..


www.indianembassy.org/

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cram

08-24 01:29 AM

Thanks so much for the info, satishku_2000. That is very good info.

My RFE, which was issued on July 20, 2007, was for my employer's ITR . My lawyer said the deadline is 12 weeks from the RFE date. I think she has not been updated on the new ruling. Now we only have up to next Friday to submit everything. I'm so so worried!!!

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eb3retro

08-31 01:14 PM

Before voting, I saw the poll results, it said total number of votes = 9345. Then I voted "yes". The total no of votes still stands at 9345.


try voting no, and it will increase by 500 votes.:D:D:D

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eb3_nepa

10-26 04:43 PM

Logiclife i have sent you a PM if you want to discuss this offline let me know.

Thanks for the clarification though. Does Vbulletin have 2 seperate tables one for threads and one for messages. That is the structure that another forums software that we used had. If you have a messages and threads table seperately then maybe you can sort it simply by messageID (the primary key in the messages table). Since that column is a PK, it is already indexed and hence automatically faster

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knowDOL

05-26 07:32 AM

I think we shou;d draft a Thank you webfax so all memberrs can send it.

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vallabhu

08-15 01:18 PM

My application was sent to NSC on July 2nd signed by J.Barret at 10.25 AM but have I140 pending in TSC , My checks are not cashed yet.

Probably they forwarded my application to TSC.

Any one else in the same boat.

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gc_kaavaali

05-21 05:20 PM

thank you for giving me confidence...did u do e-file?

I have applied EAD/AP renewals last April 22nd and got the receipts in 2weeks and today got CRIS email "Card Production Ordered" from TSC..so may be in 30days it should be on hand...Our's also expires in August...

It sounds like they are processing fast..dont panic keep hope!! Give it some time..

------------------------
EAD/AP renewal--TSC

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ash12

07-27 02:11 PM

Related to the questions on this thread.

What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job

Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD

Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?

thanks!

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mzafar125

05-11 12:39 PM

Hello,

I am trying to file by I-485 paperwork and the only roadblock is the birth certificate. I called the Pakistani embassy and they said they would issue me with a letter stating my name, DOB, father and mothers name. Can someone for the love of god let me know if this will be acceptable to the dept of homeland security ?

This is the last hurdle I have to pass before I can file my I-485 so I would appreciate any feedback. You lot have a good weekend and thanks for all your efforts.

Thanks!

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eagerr2i

09-17 03:03 PM

IV is not against H1B as such. Majority of IV members are presently on H1B program.

IV does not support the increase of H1B visa quota before the EB immigrant visa mess is cleared. Also, IV has comdemned every single abuse of of H1B by small consulting firms or the 'fly by night operators' who abuse the system by not paying the prevailing wages to employees or not paying them at all while the consultant is on bench.

One of the IV core members pointed out in a recent interview that in a recently released Government Accountability Office report on H-1Bs noting that in just 2005, there were 306,927 H-1B labor condition applications approved.

I am quoting him verbatim as per the report- "Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications — forget about five years worth of applications," .

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qualified_trash

06-09 10:34 AM

I agree that capitalism is the first american value..... and IMHO it is the only one that works........ Look at France and the old European countries vs the new EU countries that were part of the Warsaw pact who adopted complete capitalism instead of the hybrid capitalism/socialism........

The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.

I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.

I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."

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h1bemployee

06-22 01:39 AM

I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...

Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter

In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "

So what are my option now?
Can I work now? if not Can I work after Company B files MTR?

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wandmaker

03-26 01:19 AM

My employer had mentioned a salary of 87,000$ in my labor.

Other folks have given the answers to your question. Just to summarize, as long as your current salary is >= H1B LCA you are fine and GC LCA rate applies only after you get GC. Till then chill out and BTW - Lighter note, If you are moving to similar or same job with another employer and invoking AC21, make sure you are getting paid greater than or equal to 87K/Year. Thats my two cents.

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ksircar

07-30 08:39 PM

As far as I know your son is safe as I485 has already been filed. I had a similar situation with my daughter, she became 21 only yesterday, but I filed her I485 on June 25 and according to my attorney, she should be fine.

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rkm

07-17 06:52 PM

Just made payment $100.00

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ganguteli

04-23 01:16 PM

I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.

If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.

That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.

If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?

I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.

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sukhyani

09-04 12:05 PM

Fellows in pain ...

It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.

I am still at awe and can't believe ... probably will never do until I get the physical card.

For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year


Congratulations man!

now here is the stream of questions :)

Your Service Center?
GC approved with Priority date April 2001 or Dec 2004?

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fromnaija

07-21 03:45 AM

If by Phoenix you mean Phoenix, Arizona, You are welcome! I live in Phoenix. I hope you are prepared for the HEAT!
You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.

I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.

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bsbawa10

09-06 03:50 PM

USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.

USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.

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Sachin_Stock

09-18 10:40 AM

I understand that the surrounding politico-activities are important, it was just the title of the thread "LIAR...." which drew my attention as if it was something related to IV/immigraition reforms of utmost concern. After reading the content it was not anywheres close to it.

However I appreciate the information posted.

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bigboy007

10-30 07:08 PM

yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?

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kondur_007

03-20 12:33 PM

I received my 140 and 485 denial letters on Mar 19th. The reason cited for the 140 denial letter was "effect of failure to respond to a RFE". I received the RFE on my 140 dated Feb 8th on Feb 15th and my law firm sent out the response to the RFE that reached TSC on Mar 11th as per the Fedex receipt.

What are my options going forth:

(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?

(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?

(3) Re-file a new 140 petition?

Any inputs and other suggestions are appreciated

Good, that makes things simple. File appeal or MTR (according to your attorney's advise) and it will almost certainly get approved. No need for new I 140. MTR/appeal is the only way of reopening this.


Do it in timely fashion.

good luck.

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godspeed

08-20 09:50 PM

Totally agree on the information front.
Our stress levels will be in control if everyone of us knows their case status.

I dont understand the secrecy in providing the information which pertains to us, maybe they themselves dont have clear picture.

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sheela

04-16 03:48 PM

This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
Thanks

While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.

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thomachan72

09-19 05:03 PM

I agree most probably you were granted the visa and I can understand why you did not ask the lady whether you were granted the visa or not. It can become very intimidating and painful when dealing with people who use such positions to harass others. They tend to put all their troubles onto the folks who have to come before them helpless. There are avenues to complain but really does that help?
Again I very strongly feel that since the lady did not give any specific reason to deny your visas (which is often required) nor did she give any yellow/blue/green whatever papers, you/family were granted visas. So cheer up and remain very optimistic. Let us know when you recieve the visas.

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unitednations

02-22 02:12 PM

To all Experts/Gurus, please advice on this issue.

I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

Thanks.

You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.

If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.

You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).

There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.

Long story short; was that it went to court and the candidate won...

If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road

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Camelracer

February 5th, 2008, 12:48 PM

For what it's worth Im still relatively new to digital photography and have a Canon 300D which was a hand me down from my brother so far I have found it perfectly adequate for my immediate needs.

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