Saturday, June 11, 2011

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  • dilbert_cal
    04-25 12:04 AM
    WillGetGC2005 - here is my understanding of your case :-

    You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.

    If the above is correct, you do not need to do PD transfer or start any new labor process either.

    What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.

    The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.

    This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.





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  • gemini23
    11-20 01:37 PM
    can anyone answer my question above.

    since a copy of current I-797 is needed for renewing EAD, is it mandatory to keep renewing H1 even if i want to just work on EAD?

    does anyone know for sure that a copy of CURRENT and VALID I-797 is needed for EAD renewal?





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  • vicks_don
    01-23 08:22 AM
    You guys are great Leaders...





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  • pd_recapturing
    07-09 09:51 AM
    Please translate........
    The title is in Hindi and it means "Labor is on sale, do you want to buy it?" The hindi line is taken from a very famous hindi song of 80s that says "groom is on sale, do you want to buy it?"



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  • Jerrome
    10-18 04:06 PM
    The Problem is my employer is not sharing this information with me.I want to make decision of moving the employer only if i know that my 140 is approved. My fear is that my employer may tell me that 140 is still pending even if it is approved.





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  • yganreddy
    09-16 12:11 AM
    Also I suggest to take an infopass and explain the situation to officer. Take a printout of approval mail and give a try.



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  • prabirmehta
    03-22 02:56 PM
    Actually the provisions in S 1932 (Sections 8001 and 8002) were dropped when the bill went to the House. The members who handled the fate of the immigration provisions in the house were Reps Conyers, Sessenbrenner and Lamars. It was argued that the Budget Reconciliation Bill (S 1932) should not include any immigration provisions as they should instead be included in future Comprehensive immigration reform. These sections which had already been passed by the Senate were dropped quietly by the 3 member panel in the final conference report. Given the rush to pass this bill among others, members of the Senate may not be aware that these provisions were dropped when they got to the house. While new legislation offers to increase the EB quotas, the provision to allow one to apply for I-485 (GC) and I-140 concurrently upon receiving Labor certification clearance even in the absence of a current visa number ( current priority date) is missing from the proposals, a key measure that would greatly alleviate the suffering of those who suffer from visa retrogression.

    Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.





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  • sparklinks
    11-19 11:09 AM
    I have been trying to change my address online for the last two days and it looks like the system is down. I called them up and they are not able to do it either. What a mess. I hope they don't mail our applications till the issues are resolved.

    Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).

    It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).

    Anyone else having issues?

    Yes ,I had the same issue, try now its working good



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  • a_yaja
    10-12 08:44 PM
    Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.

    please advice ...

    Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.

    Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.





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  • rsirpal
    04-01 07:04 PM
    Me and my wife are on EAD and son is US citizen. Have travelled to India 3 times in last 2 years and POE was Newark, New Jersey airport everytime. Latest was March 15, 2009.
    Used Advance Parole to enter everytime.
    No problem ever. Only required to wait in another room till advance parole is stamped.
    this time however they asked questions like profession. how many years in comapny etc. ?



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  • speddi
    09-14 10:20 AM
    Thank you but the address listed is to Chicago. I will be sending to Texas Service Center. I couldnt find that address.





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  • sunny1000
    04-07 04:02 PM
    But what happens if they send out FP notice and she doesn't do FP...it is going to be few years to get divorce as we have daughter...So i am pretty much sure i will get GC before we get divorce...At this point i cannot let USCIS know also because we are not yet divorced.

    At this time, you don't have to inform USCIS of anything as your status has not changed from "married" to "divorced". There is no "seperated" status in I-485.

    If you get your GC and your wife is still back in India, hers will be considered abandoned for a lack of Parole (unless she comes back, renews her parole before Sept 2008 and goes back again).

    My personal 2 cents, if I were you, I will make sure that the child's application is intact (unless she is a U.S citizen).

    What did your lawyer say?



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  • kirupa
    09-04 02:03 AM
    Joe - I just tested out kWordpad (http://www.kirupa.com/forum/showthread.php?t=265975), and it actually works the way you want it to. You can hit the Bold button and begin typing, and all of the text appears in Bold. Is that not what you are seeing?





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  • nixone
    07-30 09:50 AM
    It was an audited PERM?

    I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.

    I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.

    Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.



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  • manderson
    03-05 04:41 PM
    with Hillary winning Texas on the back of Lations and McCain finalizing the nomination, logic says stupidity like this would hurt the GOP. Siskind floated a scenario like that earlier, but if it's supposed to hurt the GOP, why wouldn't the GOP leadership reign in Sessions et. al.? Maybe I am over-analyzing but I saw this a couple of days ago on how Dem leaders may want to go anti also: http://immigrationvoice.org/forum/showpost.php?p=227606&postcount=2049

    oh BTW I agree w/ you that this is going down the drain.

    This is a classic example of election year posturing where republicans want to look tough on immigration. This bill will head straight down the trash.





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  • shana04
    11-05 01:49 PM
    Friends,

    Looking at this 180 rule. I feel getting through this 180 days is being hell.

    All this becuase we need freedom and going through rough times.

    Good luck to one and all.



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  • CheckRaise
    10-09 06:38 PM
    you can search for cases filed using start and end date - its nothing fancy or interesting as you might have imagined - if your employer is indeed saying that its hard to pull old cases - its total BS -- either they dont want you to worry or they dont want to divulge your case number

    I have requested again for the screenshot mentioning the same and waiting on a response. You do seem to have an idea how it looks like, if you dont mind, would you be able to post a screenshot with all information greyed out. With that handy, if they come back with, 'no way' I can go back at them hard saying they are BS'ing me and call their bluff.

    Thanks again!





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  • sprash
    02-04 04:52 PM
    I was in a similar situation and included 2 prepaid overnight envelopes (which btw, they have mentioned in their instructions). They probably tossed them in the bin and chose to send them by untrackable usps mail which took over a week to arrive. Very very aggravating! :mad:





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  • pa_arora
    09-21 06:44 PM
    Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.

    Cheers!

    Yes u will be in a better position with SKIL bill, but we dont know when will this be in or may be its not 'in' at all.

    SO keep sailing in the boat with everybody.... ;-|

    -p





    fide_champ
    04-09 09:09 AM
    Thanks Fide Champ.

    Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?

    If you have the receipt number for the I140, you can check the status. But your employer actually hold all the rights for I140 and they can chose to not provide any information to you about 140.
    If you are willing to spend some money I would suggest Sheela murthy if your case is complicated.





    smssharma25
    12-05 08:41 PM
    I am also having the same problem. Our company won't share the labor application details with us. I know only job title. I am not even sure what job I should search for.

    I hear that new job description should exactly match with what is there in labor. I am frustrated with my current company & I need to make a shift.

    Can anyone help me to understand the risk in joining my client as direct employee?. I am working for this client for last 10 years. My H1 extension was done using the letter from this customer & my resume also details the experience with this client. Am I safe to join client using my EAD?

    Thanks!
    sharma



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