Thursday, June 16, 2011

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  • MahaBharatGC
    10-13 11:45 AM
    But ksircar, instead of accepting can't we raise red flags to USCIS?
    This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.

    It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?




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  • obviously
    08-04 12:08 PM
    Thanks for sharing!

    my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together.. you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
    >> I have both the I-140's now, the EB2 and the Eb3. So this is not a case of filing I-140 together with I-485. Qn is can the underlying I-485 EB3 pending adjudication be matched up with the new I-140 EB2 which has the older EB3 PD? If not, is filing a new I-485 to follow on the new EB2 I-140 the only option? Currently EB3 India is Unavailable and EB2 India PD is Jun 06. My new EB2 PD is Nov 02.

    but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
    >> ok, thanks.

    Whew, just when you think this darn thing will be over ... :D

    Cheers!




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  • IneedAllGreen
    12-21 11:27 AM
    Here is the chance to to show what are we doing at this forum at University of Wisconsin-Milwaukee. Core members and expert from Midwest and Milwaukee area can enroll to attend this conference on immigration. Below is the information i am copying from UWM wesite. For further information you can click link written in below infromation.


    CfP, "Immigration: Many Faces; Many Facets"
    (Campus)


    Apr. 26-27, 2007

    Immigration, a salient public policy and humanitarian concern across the nation, will be the subject of the IRE's conference to be held at UW-Milwaukee's School of Continuing Education, 161 W. Wisconsin Ave., 7th Floor, in downtown Milwaukee.

    Currently, the IRE is soliciting conference proposals from prospective submitters. We encourage presentations, either by individuals or groups/panels, from faculty, academic staff, community leaders
    and activists, government officials and policymakers, etc.

    Please go o to our website, www.uwm.edu/Dept/IRE, and follow the link to the actual Call for Conference Proposals. Here you will find a list of possible topics and themes, and well as the submission format. The due date to submit a conference proposal is December 22, 2006. We will contact you with a response by January 19, 2007.
    More information...


    Contact: Tom Tonnesen
    tonnesen@uwm.edu
    (414) 229-4700



    Thanks
    IneedAllGreen




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  • ssreenu
    04-13 09:46 AM
    Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?
    2 things:

    1. Yes, you can be an expat, meaning you can still work elsewhere (any branch) in the world while your payroll is still run in US(using H1B for the same company in US) and taxes are paid in US.

    2. Having a H1B does not restrict you to work only in US. You can work elsewhere in the world while your H1B is still valid unless the company revokes it for some reason.

    Hope this helps.

    *Note I am not an expert, I am just sharing the knowledge I have. :D



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  • nirdlalegcade
    02-26 11:50 AM
    The above said is correct only if you have an approved AP with you.

    But I have only my H4 visa. I can go out of US with the H4 right?




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  • uma001
    08-13 04:33 PM
    I am sure India will do something similar if more than 50% employees of these companies are NON-INDIANS....

    Why should India copy them? India will put a different clause



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  • logiclife
    06-22 12:52 PM
    "According to Miller, only about 30 percent of applicants are running into such difficulties."

    ONLY??!! Since when did 1/3 of something become "only"?

    Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?




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  • dollar500
    04-09 07:30 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.



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  • gc_chahiye
    11-13 12:13 PM
    I would appreciate if any of you could shed light on the following scenario:

    If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.

    Thanks

    you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.




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  • signin241
    04-04 02:00 PM
    I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.

    Is there any risk involved here and if so, please let me know

    Thanks in Advance



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  • boldm28
    06-17 08:27 AM
    Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

    you got that rite buddy




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  • kabeer_g
    01-12 12:17 PM
    This is absolutely illegal. Never never do this.

    So can you please suggest what do I do in this case. Only other option I can think of is telling the New Delhi consulate that I will be back in country in April and can submit my passport then.

    I am hoping leaving India and entering US on Advance Parole was fine. It is not like my H1B had been denied. They needed additional documentation (medical report), which I submitted. After that they told me it would take them 2-3 weeks to process additional information. Since I did not have that much time, I left the country.



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  • iamlost
    07-24 10:37 PM
    HI,

    Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.

    If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.

    Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.

    Good luck.
    I am wondering if this has anything to do with the erroneous 140 approvals from TSC. So, they revised all the approvals to pending status ... and my 2.5 old approved case also got in midst of it ... Hmmm !!! This is killing man .... No peace even after GC !



    TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases
    �MurthyDotCom
    The Texas Service Center (TSC) advised in late July 2009 that eMail notifications have incorrectly been sent, which indicate approvals of Immigrant Petition for Alien Worker (I-140) cases. These eMails are originating from the Premium Processing Unit due to a technical problem. The system is issuing these eMails in error shortly after the transmission of the eMail receipt.
    �MurthyDotCom
    Erroneous I-140 Approval eMails do not have a Priority Date
    �MurthyDotCom
    The erroneous eMail does not contain a priority date or EB classification for the case. TSC is working to address the technical problem. Employers who are unsure about any such communication received from the TSC Premium Processing Unit can contact that unit at the eMail address or phone number provided on the I-140 receipt notice.
    �MurthyDotCom
    Conclusion
    �MurthyDotCom
    This likely is annoying and frustrating to individuals who believed their I-140 approvals were received in record time, only to find out that the approval eMail notification was erroneous. Although not specifically stated in the information released by TSC, it appears that this problem has been limited to eMail notifications. There was no indication that any hard-copy approval notices have been issued in error. MurthyDotCom and MurthyBulletin readers will be advised of any further information on this topic, when it is made available.




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  • sledge_hammer
    07-22 05:40 PM
    No

    hi guys,

    i bet this question must have been asked before but i couldn't find the relevant thread so i'm asking again. Apologies if its a repeat.

    I am maintaining my h1-b while my aos is pending. Last year my wife went to india while she had valid h4 (not stamped in passport) and ap documents. She did not get her visa stamped and reentered the country using the ap with no issues. He i-94 said parolled till some date, march 2009. I totally forgot about it and never renewed her ap or mine. Does it pose any kind of threat to her legal status in the us and aos?

    I am still working on h1 and she is a parolee.

    Thanks in advance fopr the responses.



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  • gc_in_30_yrs
    10-26 09:09 AM
    i got my receipt number in 1 1/2 weeks time. i applied on 10/11/2006 and got the receipt number on 10/25/2006




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  • nissan_1
    11-30 12:59 PM
    Thanks for your reply guys..I have 71 points (with 16 language point). Hence I have to get at least 12 points in language skill. I think i will have to sit for IELTS..no other choice man :( But I have found in one canadian immigration forum that one guy with similiar situation replied back to canadian consulate that he studied English from school and also his work experiance is in english and he really thinks he should get 16 points. And then the embassy called him for an interview in NY and finally he got his PR. But this is just one example, everyone else ultimately took IELTS...

    For me I have to fly to a different city as there is no IELTS center here...The IELTS gonna cost me some $$$ :((((

    I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.

    Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.

    I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.



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  • rockstart
    06-16 12:46 PM
    I dont think USCIS will again match your education with labor now at 485 stage in normal circumstances unless there is some fraud. 485 is more about your name check and fingerprint check along with if you were ever out of status. The only thing they can ask again is a new employment offer letter.




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  • mambarg
    07-27 06:58 PM
    Is your question about Approved 140 or Pending 140.
    I am also curious to know.
    As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
    Bad but what can we do ???????




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  • makemygc
    07-18 02:16 PM
    Atlanta PERM Center belongs to DOL not USCIS

    My mistake. You don't need to bold it.




    gcnyc
    06-20 11:29 PM
    Does any one know answer for this? I was curious to know.




    meridiani.planum
    02-01 11:23 PM
    Guys

    I recently got my 485 approved and got my card too. My wife's case is bit complicated.
    I would appreciate if someone can throw light on this.

    She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.

    I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.

    Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.

    But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?

    thanks
    mdy_tvr

    yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.



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