Friday, June 10, 2011

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  • hate_me
    03-21 09:09 AM
    Online status is not always updated and cannot be trusted that much, I recieved my EAD in October and online status still shows as PROCESSING. Have your friend talk to his attorney and employer and ask them if they have recieved I140 denial notice. And anyways your friend needs attorney's help as this is not a general question which can be answered on the forum by everyone. Tell him not to waste time and look at all the options. Good Luck

    Gurus,
    I am writing on behalf of a close friend who is too worried to write it for himself.
    Case:
    He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.





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  • singhsa3
    01-23 09:35 PM
    Just a freindly reminder that we are still on for Saturday.





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  • sammyb
    09-24 12:45 PM
    In June'09 USCIS issued RFE for both of our I-485 for medical and it was sent to my old address even tough I updated address online for both the application ... fortunately a copy was sent to the lawyer and we were able to respond in time ...

    This whole system is a crap - their IT i mean .... no proper house keeping ... and do not depend on the online status ... even though one of the AOS appl has been denied ny USCIS the online status still shows pending - what a joke .... also the MTR for the same denial shows pending :) :) :) ...

    I got it for missing Medicals for both me and my wife.

    I would trust anytime my lawyer than USCIS.

    here is what they did.

    Wrong address even though filed for AR11 online and received Soft LUD online. This is one year old address and they didn't even put APT# in my old address. God's Grace I received it by mail fowarding without APT#

    Didn't update my online status. Still showing Pending and no LUD or soft LUD

    I know my lawyer put in G28 and medicals both when he was mailing it as I was the one who finally inspected and mailed the package.

    Some other folks also got for Medicals. Looks to me a routine to get rid off pending cases or preadjudicate.

    Weird but true in my case





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  • Pineapple
    08-05 11:53 PM
    I put in "maybe", because I'm not sure of my schedule.. (I have to travel monday to friday..every freaking week.. I hate it more than you can imagine, but I don't have a choice there).. if my schedule changes, I'll be there for sure. I've updated my profile.



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  • nc14
    10-05 01:16 PM
    Way to go Pappu and IV.





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  • chanduv23
    07-19 10:19 AM
    Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.

    Excellent question. It depends on the institution's knowledge of these complexities.

    We must ask specialists like Greg Siskind or Stephen Perlitsh.

    It would be a good idea if we setuup a conference call with either of these residency gurus, unless you know someone else who is the best.

    There is a group called IV Physicians, 'paskal' runs this group. So if you are doing research, residency etc... you must join this group.



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  • jvs
    01-18 09:42 AM
    One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.

    If "if you re-enter US before your extension is valid" is not the case then following is my experience.

    Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.





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  • godbless
    11-01 02:56 PM
    My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?



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  • gconmymind
    10-04 05:43 PM
    I live near Ahmedabad so I ask my parents to travel to Ahmedabad and submit it at Ahmedabad VFS office. VFS has offices in certain cities (lookup the website) and will accept your papers there. I hate the fact that you cannot directly mail your papers to the Mumbai consulate from USA. If your family is in Mumbai, they should be able to submit it in person to VFS.
    VFS also has an email address on their website if you want to ask them questions. They are pretty good at responding.
    So can I submit the docs through my family .. now and just go for the final interview?
    This way I can go to the embassy the day I land in Mumbai.





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  • sapota
    10-18 05:49 PM
    DOS & USCIS will have all data entered into their systems once they receipt all these 320k cases. Using past USCIS processing speed as another input, DOS should be able to issue accurate EB cut-off dates in all categories.

    One can only really hope that they do this more accurately atleast by next bulletin & move forward cut-off dates.

    In absence of any legislative changes so far, the EB community should really push for processing efficiencies more. (So far looks like atleast no visa numbers were wasted in FY 2007)



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  • trueguy
    08-28 11:19 AM
    Ron sent an inquiry and here is the answer he got

    Ron also says


    Visa Bulletin says


    So I predict the EB3 RoW Oct bulletin will be what it was on June Bulletin but EB3 China and India will not be the same as June bulletin.



    When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?





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  • eblues
    09-05 11:51 AM
    Hi everyone,
    I'm quite new here. I hope I'm not doing anything inappropriate by posting in this board, I've tried to use the search function to no avail.
    I'm currently in the US as a J-1 exchange visitor (research scholar) to perform research at a university in Missouri. Last year I started training a sport pilot in my country and I would like to keep doing that (or rather restarting from scratch) here in the US. I'm aware of the TSA clearance required for aliens wishing to start flight training and I'm the process of obtaining it; however I've been told by the international office of my university that enrolling in a flight school could be a violation of my immigration status. They are not sure, the TSA refers me to USCIS and they (as contacted by the flight school staff) refer me back to the TSA. I'd like to shed some light on this issue.

    I'd also like to make clear that the reason for my being here is completely unrelated to airplanes, flight or flight training -- I'm a computer engineer. Flying is and will continue to be just a hobby, something to do on Saturday afternoons for at most 3-4 hours a week, probably less if I won't have so much money to spend on it. I'm also already quite good at it (~25 hours under my belt) but formally I'll have to start from scratch because previous experience in the category I trained for in my country is not recognized here in the US. I'll also focus on single engine light sport aircraft, exclusively for recreational purposes (no passengers, no nothing). Obviously no matter how the flight training thing will end I'll keep working full-time during weekdays (and some more...) at the university.

    Am I trying to do anything illegal or that might make me fall out of status?

    Thank you everyone,
    Pierluigi



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  • rbritt1268
    December 21st, 2007, 08:48 AM
    Thanks for this Jason. I've often wondered why Olympus and Pentax haven't stepped up and gotten in the dslr market with the other big boys. My first camera was a Pentax K1000 (which I still have) and it was great. When I first decided to get into the dslr game myself I was disappointed to find so few choices of manufacturers.
    It's good to see Olympus getting in the game. They've always had a solid product and I'm sure they will work out their design flaws.

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  • nmember
    05-25 05:54 AM
    fax send



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  • sri1309
    01-11 09:08 AM
    threat of losing your job is very high..as every prediction says its going to be more bad..

    i come here every hr to see any updates or news... but dont write as not sure what effect can we make..obama is more pressed with economic recovery and more immigrants are not what they want..but still i am optimistic with S9 bill intoduced


    I think we must not just wait for someone to take lead, but we must do it ourselves. We can spread the message to as many as we can. I think spending a few min a day isnt a bad idea afterall to get the attention. I read 500,000 are waiting, but where are the votes, when I login to obama site recently. At the most I could see 160-200 votes for some questions. I told three of my friends who didnt even know that the site existed. Pathetic.
    Unlesss all raise their voices, it will not be heard.. Dont wait for others for templates. Write your own stories, mention we are legal, paying taxes for 5-10 years, long waiting, can buy house, and if denied we can go back with Citizen children, and will return back after 10-15 years when kids sponsor, to consume social sec, medicare, etc.. and that we can create jobs. write ur own story, do mention we are from INdia and Eb2/3.

    Dont feel surprised to hear next week "I am sorry, but company isnt doing very well and we are not getting projects as expected, we like you for being with us for 5 years, but YOU'RE FIRED, in two weeks.. I have no money to pay. You will also loose your medical insurance. And as per law, I must cancel your H1 visa. "

    Yes, now you have enof time to really worry about and bring attention as you dont have a job and money.





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  • gcnirvana
    06-18 05:06 PM
    Here is my situation:
    I-140 approved and about to file 485.
    Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
    Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?


    Yes It applies to new employer as well.

    Here is my timeline

    on h1 to US in 2001
    filed labor in 2003 approved
    Filed i 140 and i485 in 12/2003
    Changed job to another employer on 05/2005 using EAD
    got married, couldn't file for wife's GC
    Applied for h1 through new employer in 2006
    Premium processing of H1 approved in 15 days. Got wife here on H4
    approved for 3 years for using I 140
    PD current as of June 2006, filed for wife's GC who came here on H4


    EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.



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  • saimrathi
    07-11 02:50 PM
    Office of the governor
    http://gov.ca.gov/

    Official website http://www.schwarzenegger.com/





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  • willigetagc
    08-18 11:22 PM
    I did B.E in Computer Science Engg, 4 yrs Course.

    I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".

    That's all i know at this moment. I don't know whom to trust at this point.

    There should have been an evaluation of your degree by some "expert" here certifying that your degree is equivalent to a 4-year degree in CS here. I remember my first H1 petition had such an attachment.

    Check with your lawyers quickly. Also, do whatever you can to protect your status. If you get some illegal status on your records now, it will be a nightmare when you apply for a GC. Then they will check all your entry/exit dates.





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  • cdeneo
    01-07 03:05 PM
    I would really appreciate input on the following:

    1) What is the impact on a pending I-485 application if one is laid off and files for unemployment? Would an unemployment claim create a problem when I-485 is up for adjucation and about to be approved (assuming by that time one has a same/similar type of job lined up and is not unemployed).

    2) What information does one need to provide for filing unemployment (I read somewhere that the A# - alien number off the I-485 application needs to be provided)?

    3) Does USCIS get notified when unemployment is filed by someone who has an I-485 pending? Would filing for unemployment trigger any RFE's or alerts in the system?

    Looking forward to some good guidance on this topic. Thanks!





    yagw
    10-31 06:43 PM
    I am planning to shift employers and I have a question:

    Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?

    To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).

    1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.

    2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.

    3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.

    Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.





    LostInGCProcess
    10-24 12:58 PM
    I also have notarized passport, etc, but one of the tax consultants told me that the ITIN cannot be filed now, and when I file my 2008 returns in 2009, I need to apply for the ITIN along with the taxreturn and paperfile. Has anybody else applied ITIN before filing tax return ?

    This is true...and this is what my tax guy told me and I did the same, last year..you file the ITIN along with the Tax returns...got some relief from the tax. :)



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