Saturday, June 11, 2011

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  • visa_reval
    04-28 01:21 PM
    Guys,

    The person who started this thread is not even in a position to use AC21. Does anyone know if one can change employers with approved I-140 (I-485 not filed) and is in 7th year of h1b ?




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  • suny_saini
    07-24 07:20 AM
    does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?




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  • Nabeel
    01-29 10:42 AM
    TSC Update - January 2010

    The Texas Service Center (TSC) provided updated information on their caseload and other important matters in a meeting with the American Immigration Lawyers Association (AILA) liaison. The responses to questions, posed to TSC several months earlier, were released in late January 2010

    The TSC reports that most of their pending I-485s have been pre-adjudicated. This means that the I-485 application has been reviewed and is simply awaiting availability of an immigrant visa number. These applications may have received requests for evidence (RFEs) if they required any documents or updated information for the pre-adjudication process

    EAD and AP Processing Time within 60 Days
    TSC reports a goal of adjudicating advance parole (AP) and employment authorization document (EAD) requests within 50 to 55 days. It notes there was a period during which EAD processing was slowed, and 15-20 percent of the cases were not adjudicated in 90 days. TSC states that this has been addressed, and it is expected that processing goals will be met or exceeded.

    Source- Murthy.com




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  • gc_on_demand
    05-19 01:42 PM
    Is the intention to tie up ability to file I-485 with the newly proposed 2-tier processing of AOS cases i.e. step 1) pre-adjudication and step 2) issuance of GC once the visa numbers are available?

    I am thinking to start solid campaign for EAD and AP when pre filling for 485. Its in very begining stage. Once I get how many can join hand we can start a funding drive and some aggressive campaign for it. DHS and DOL are studing how to resolve this on going problem for Highly Skilled immigrants.at the end of day admin may come with pre filling for highly skilled.



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  • langagadu
    05-02 08:42 AM
    If I were you, I would explore around the Legal Status from last entry.
    ebizash may be right it won't apply if you enter on AP, still worth exploring that area.


    Thanks for information. To answer I applied my H1b on June 1, 2002.
    My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
    I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
    some said I have good chance others said unknown.

    I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.




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  • countdrak
    11-01 01:01 AM
    I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

    Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

    Any help would be great.



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  • thokar
    08-18 04:12 PM
    :confused:Hi all,

    I have a situation,
    I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

    My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
    This is required to prove that there is no fraud happened while filing my case.

    As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

    Any suggestions etc please provide.


    Just to remember
    REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES

    Thanks,




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  • sripk
    07-18 08:52 PM
    Below is a draft statement i prepared and appreciate if you can review it and suggest any changes reqd if this is not convincing.

    I travelled to Tijuana, Mexico from San Diego. I entered the US Port of Entry at San Ysidro. My previous I-94 white entry card had been taken and I requested a new I-94 but since I already had a valid I-94 on my H-1B approval notice, the office would not issue a new I-94 white entry card.
    I have a copy of my previous I-94 entry card from <prev_entry_date>


    Few questions that may arise based on above statement:
    1. Why was your I94 from H1B notice still with you and not submiited at POE when you left the country?
    -Since i travelled by land the US POE is in Tijuana and so i submitted my expired I94 to them and also the valid I94 from H1B notice and asked for new white I94 card. Unfortunately the officer just stapled the valid H1B I94 to passport and told i am good to go. There is no stamp on it either and hence i am concerned.

    Any other possible questions you can think of that needs to be addressed in my statement?



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  • reachinus
    07-06 01:13 PM
    1. With the latest mess with DOS and USCIS, are we asking them too much by asking them to just accept the 485 applications and provide interim benefits and are ready to wait for the approval of the green card for 4 or 5 years?

    2. Do you think DOS and USCIS are pushing hard and churning money from the Legal immigrants who go by the law by increasing fees every year or 2?

    3. IS any politician considering any relief for the peoples who go by the book and pay taxes?

    4. Do u think becoming illegal rather than being legal provides some relief considering what ever has happend in the last decade?




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  • richardl609
    09-28 08:11 AM
    hi i got an RFE for ability to pay, my pay was 55K ( it had to be 66K ) last year 2006 on my W2, my RFE asked me on ability to pay where my labor was approved on feb2006, so i had to show that my employer has the ability to pay till date.

    So my lawyer, wrote a simple letter to the USCIS, that my current paystubs shoed that my employer is paying me the salary ( i have it on 66K this year 2007 ) also he sent my employers tax records, he has a good profit, and then my 2 recent paystubes & my last years w2

    i Just got approved

    hope this helps



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  • eastindia
    12-21 10:33 AM
    I am all up for it & won't mind doing it all...

    Thank you.
    What is the strategy and action items?

    If you detail it out, more people can be interested. Do not ask us to send junk emails or sign some useless online petition though in your action item.




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  • wandmaker
    11-19 09:10 AM
    gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee



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  • sledge_hammer
    07-25 04:20 PM
    This idea is ridiculous. Blood donation is a sign of protest????? If you think giving blood is so bad and you want to protest in that way, you will not gain sympathy.

    THIS IS A BAD IDEA FOR A PROTEST!

    Before I say any thing further, I want to clarify that I am NOT asking for any action but want to point out to a unique Gandhigiri protest idea proposed by one of our members:

    On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.

    So please save this idea for future use if others also recommend it.




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  • vallabhu
    06-11 03:31 PM
    Do they assume that if you are in 7th year you can use your labor which you used for H1 7th year extension.

    what about if i140 is denied on the previous labor and one cannot use that labor any more.

    are all these bullet point are "ors" or "ands" does one has to staisfy all three conditions?



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  • boom
    10-01 07:17 PM
    Let me know if someone successfully cancelled 2nd application.Is stop payment advisable.As USCIS is saying not to do stop payment.




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  • ragnarok
    07-19 11:45 PM
    The current status of the case is said on my first post.

    The case did change numerous times.



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  • abcdefgh
    03-29 12:48 PM
    If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.




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  • cr125rider
    04-16 01:59 AM
    LOL, XBOX Stamp, that was mine, LOL! Its okay, you actually helped with one of mine :D




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  • sathweb
    01-13 05:14 PM
    Hi,

    I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

    The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
    I was expecting USCIS to approve both applications with 11/2004 instead.

    Thanks!!

    Here is my understanding of the law regarding the priority date:
    In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.

    Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.

    Go ahead and appeal, try your luck.

    Best of luck bud.




    nk2006
    12-14 01:25 PM
    Unfortunatley Dems have not shown much zeal which conveys that Immigration Reform is one of their important agenda.

    That is my point. House majority leader listed the priorities and immigration is not there. If immigration is not taken up in early-mid '07 it will be difficult to bring it up later � it will be presidential primary season and all candidates will try to position themselves to garner maximum party �base� votes. CIR is controversial to say the least and politicians may skip it to avoid any controversy. Our best bet was SKIL bill; in the new congress it has to be re-introduced and discussed. May not be possible - especially if there is a proposal to bring back CIR. Currently our best bet may be some interim measures during Jan-Feb when appropriation are taken up again (BTW is this right? Does appropriations are extended only until Feb 15th there will be similar bills before that? Can immigration related aspects can be attached to one such if possible).




    ivar
    04-23 09:29 AM
    I think we need to start one more thread to get responses from people who's H1b extension is being denied in last two months and what were the reasons behind it. This will help to get a clear picture of whats happening.


    Hi All,

    Anybody got any H1B extensions approved in the last 2 months - Please reply to this thread.

    Been hearing things that H1B extensions are getting RFEd and even denied. Don't want to depend on rumors.

    Thanks



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