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Thursday, June 9, 2011

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  • st4rguitar
    04-14 08:34 PM
    Yeah, that stinks, big time. Just have your HR or attorney contact them every month or 2 months, definitely. MTR/R4R/Appeal, yes, synonymous usage - proper term at the PERM level is "Request for Review."

    is MTR the same thing as Appeal?? so far I haven't heard from the Appeal borad. as I mentioned before the HR Manager sent them a letter at the end of Jan 2008 requesting an update on my appeal but she hasn't heard anything from them. this is really taking forever. all we want them to do is to make a decision, either accept the appeal or deny, so i can move on.





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  • shishya
    09-02 03:34 PM
    Thanks for the confirmation that this is better confirmed and cleared out rather than face unnecessary delays. I have called them and re-requested an update of my address on phone -- NEED to wait another 45 days to receive a letter from USCIS, if not, apparently only then can I get an Infopass appointment. Lets see.

    My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!





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  • nhfirefighter13
    June 4th, 2004, 09:04 PM
    I needed that laugh after the day I've had. Thanks.
    Gary
    Thank you...thankyouverymuch. I'll be here all week and twice on Sunday. :p

    Everyone needs a nice daily dose of humor and I'm not above making fun of myself. :)





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  • eb3_nepa
    07-20 03:49 PM
    Hello Gurus,

    I have a question about H1 and L1.

    Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.

    I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.

    So the plan is:
    1) KEEP the original H1B
    2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
    3) Apply for an L2 for my wife and get her work permit/SSN.

    Now my questions are:

    1) Is this possible AT ALL?
    2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
    3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?

    Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.



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  • Roger Binny
    08-11 06:48 AM
    Answers in bold...

    Gurus,
    A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.

    So, what options do we have ?
    a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
    - As usual no one knows

    b) can AC21 approach be used to port this to a EB2 category ?
    - Can you be more elaborate on this

    c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
    (I am assuming that EB2-I will be current approximately around this time next year).
    - If he/she is working and qualifies for EB2-I, certainly one can apply during the I-485 stage i guess one can go for a cross charge-ability (not sure of the word) but yes i have seen posts where one can use the spouse's 485 priority dates.

    Thanks.





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  • wandmaker
    11-30 05:38 PM
    I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.

    Yes, it is still true.



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  • sanju
    02-11 10:31 AM
    Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
    Anyway, you cannot use your lottery case as that visa number expired back in 03.

    You are right! Some people did not notice that moe is not illegal. But some people did notice the moe is an anti-immigrant disguising someone he is not. moe wanted to hear exactly what you told him. Now he will bash legal immigration saying all legal immigrants are actually illegals. Please try to use your brains, maybe just a couple of times every few years.

    .





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  • Dhundhun
    08-29 03:44 PM
    ...they want to distribute them judiciously.


    USCIS ... judiciously???

    LOL



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  • fastergcwanted
    07-18 09:19 AM
    See below:

    Taken from www.immigration-law.com

    07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future

    The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!





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  • neeidd
    08-06 12:20 PM
    My husband and I are July 2 Neb transfer to TX and we got approval email on 8/1. PD is 2005 Dec.
    Does your receipt number starts with SRC#? I don't see any non SRC# approvals so far at TSC. Please share your PD also.

    Thanks



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  • questforgc
    08-26 02:47 PM
    Thanks for the info bluez. I think i will stick with my AOS.





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  • sixburgh
    08-13 10:46 AM
    History:
    - My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
    - Wife had entered USA on H4 (2005)
    - In July 2007, we both got a chance to apply for 485, EAD and AP
    - Since then I switched to EAD, wife too started working on EAD
    - But my company also kept renewing my H1
    - During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
    - We both received our h1 and h4 notices.
    - Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
    - This is what I did, I got a stamp and entered USA now on H1.
    - Note that my wife continued to remain in USA and worked on EAD.
    - Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
    - Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
    - But once wife gets EAD, she will continue to use it to work.

    Question for fellow IV members :
    By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?

    (My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
    (I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)

    Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".

    Can someone shed some light on this: Am I right or wrong?
    Does this affect her or mine, pending 485/AOS ?



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  • bfadlia
    05-26 12:52 PM
    I was in the same situation last month. I live in minnesota had 485 receipt from july 2007, EAD for myself but no EAD for wife, so i wished the 485 will do. DMV said the same crap that since 485 has no expiration date, they only accept 485 that is not older than 6 months old (with the wild assumption that any 485 is approved or denied within 6 months). I got infopass appointment with USCIS, got letter that my case is still pending, and they laughed in DMV saying they know my case is still pending, they have some kind of access to USCIS database. After a lot of arguing and going up to managers in DMV, they agreed to give me and wife 6 months driving license and told me you have to find another immigration document next time (meaning apply for EAD for urself and wife)

    Sorry if this does not help you much.




    Which DMV did you go to? My wife and son's H4's are expiring on June 4th and have pending I 485 since July 2007. They are not renewing the DL's based on the pending receipt of I 485 which they claim to be too old and need a new one.. Tried contacting USCIS but could not get through.. Can you pls. let me know which DMV did you go? How old is your pending I 485 and did you have to get a letter from USCIS? If yes, then how did u reach them and if you have any phone number for them..

    Pls. advise..

    Best...





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  • shivarajan
    11-23 10:41 PM
    ICICI is worst when it comes to exchange rates:

    I have used many transfer services in past years so far and these are worth mentioning.

    In Order of exchange rates:

    -SBI Online (Now simple to register too and very nice one)
    -Remit2India (has specials, but careful they don't fullfill it)
    -HDFC (Internally uses same service of remit2India)
    -CityBank
    -ICICI
    -Western Union

    Remember all of them ask for SSN nowadays and having SSN on some unreliable site databases may be little risky.

    :D



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  • glus
    05-31 10:37 AM
    Thank you once again for contributing guys. We will achieve our success very soon.

    :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D





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  • rajnag21
    07-20 07:28 PM
    Hi All,
    Is having paystubs absolutely essential or will w2's suffice ?



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  • nandakumar
    01-18 07:50 PM
    ^^^^





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  • ronhira
    08-20 02:11 PM
    How about an apology from an Indian Prime Minister saying he is sorry that you were born in India and are not able to get greencard.

    Why should USCIS apologize to you? Did USCIS force you to apply for Greencard?

    I agree with rajuram. We are all tax payers. The whole concept of democracy is taxation with representation. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?





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  • meridiani.planum
    04-06 02:24 AM
    I believe the general line of thought is any time between 6 to 12 months.

    But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.

    But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !

    there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.





    bugmenot
    03-29 02:06 PM
    does IV have any new updates on the OPT extension? as far as i know the request has been on to DHS from nov but nothings been done about it?





    s416504
    11-18 01:00 PM
    Please specify time line (MMYY) about your status from begining. Also mention period USCIS asking your legalility. I think You should be OK as long as AOS pending.



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