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  • freedom_fighter
    01-27 10:52 AM
    Congrats! Enjoy the freedom.

    i'm not going anywhere and would like to contribute in what ever way possible to address our cause.





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  • kk_kk
    02-03 06:51 PM
    I can say for sure, Canada PR is not going to work because I went through the same situation and I was not allowed to board British Airways flight in Hyderabad with Canada PR and US AP.

    I am still fighting with BA for getting an refund.

    I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended





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  • gjoe
    03-10 06:15 AM
    Some of you have been receiving the USCIS response about your FOIA request.

    (3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)

    Thanks,
    XXXXX

    Category, Country of Birth/Nationality should not be optional because this is a very important data which DOS has been using in their killer app to come up with the VISA bulletine every month. This is something they should provide along with the other data you have requested. If officially DHS don't have this information then DOS has to answer an FOIA request to clarify on how they arrive at the magic number in the visa bulletine.





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  • SunnySurya
    08-03 08:32 PM
    Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.



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  • senk1s
    10-09 04:54 PM
    i thought this was just an interpretation of AC21 (and how it applies to the current situation)





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  • sreedhar
    09-07 11:42 PM
    Hi Sree, which country immigration are you talking about ? :o
    :D

    I am talking about US Immigration...I clearly mentioned USCIS right.

    Thanks..Sree



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  • WeShallOvercome
    07-30 02:17 PM
    How does AC21 will come into play when a person files I-485 with the letter from employer that employment will be availabe once green card is issued.


    Does person has to join the employer after green card is issued ? As Green card will be availabe only after 180 days of filing.



    Gurus, if someone knows such please reply.

    Thanks
    Saurav


    For a future job, you are supposed to work for the sponsoring employer for a few months after you get your GC. Don't have to start right after your approval but as soon as you can... the definition of 'a few months' is also open for interpretations.





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  • realizeit
    03-20 09:12 PM
    jnraajan: Yes, you are right! That's what I was saying too.

    "...If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton ....."



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  • helph1b
    09-18 05:16 AM
    :mad:
    It seems that NJ based consultancy firm "Segicorp" is fraud because it has taken money on behalf of H1B aplications from many candidates and there is no response yet.

    Segicorp is giving same reply to all that applications was couriered thru fedex and waiting for reply from USCIS. They are just fooling as there is no prrof that our application packets was really couriered to USCIS. If they had really sent our application packet then we would have atleast received Receipt number.

    All of many friends who have applied thru other consultants has received receipt number long back and are waiting for their status. If we had atleast received receipt number and no approval, then also we would have been convinced that approval depends on USCIS and NOT on segicorp. But Segicorp had nicely and smartly enjoyed everyones money and are free without any problems.

    Now from last few weeks they are not even replying any emails or phone calls. This clearly indicates that it was very well planned fraud. They should really be sent to jail. :mad:





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  • capriol
    07-06 10:30 AM
    I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
    (1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
    (2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
    Please share your experiences. Thanks a lot.[/QUOTE]



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  • logiclife
    02-08 11:48 AM
    You want to keep your 140 intact for 2 reasons:

    1. To port the priority date for future use in a subsequent Greencard petition.
    2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.

    First, about 1:

    There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.

    In a nutshell:
    Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.

    About 2:

    If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
    Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.

    About preventing 140 from being revoked:

    I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.





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  • Asian
    12-07 01:15 PM
    When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?

    In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?

    This is a different question. Is the government job also regarded as cap exempt non profit?

    Thank you very much for your help! Our immigration gods bless you!

    Best,


    Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.



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  • redgreen
    08-04 01:38 PM
    If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
    She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.





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  • rally
    07-13 09:51 AM
    If you invest more than 1 million(like bechams hollywood hills home) in US you are eligible to apply for a greencard



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  • billbuff123
    07-29 11:43 AM
    As long as your marriage date is prior to your 485 approval date and the dates are current(means your priority date) you can apply for spouse 485.

    I am also in the same boat and I am waiting my priority date to be current.

    I got my 485 approved

    Thanks,
    Bill





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  • mmk123
    07-17 11:57 AM
    Let me make it clear, I was NOT trying to bash any other community.

    Also, please comment on how do EB legal community defend themselves against all this biased, baseless attacks.

    I have nothing against any community, everyone comes with their own skill, position, timing, education, luck etc. I don't control that. I can only control my factors and contribute to the overall clause.

    Being my concepts clear, will help me contribute more and justify it more. Hence instead of picking up on my arguments (when I have made my intentions clear), won't help much.



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  • stirfries
    12-02 01:27 PM
    Thanks SS777 !!!

    I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !

    But at the same time, I wouldn't want to sit idle, just hoping !!! :)

    I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!

    Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...

    The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.

    Cancelling my Tickets is the last option that I have in my mind !!!

    The things that we have to go through to get a GC !!!! :)

    My attorney finally received the AP documents on hand, 16 days after the online status had changed to "Document Production or Oath Ceremony".

    At least, now I don't have to think about postponing my Tickets !!!

    Hope it works out for all you folks !!!

    Good Luck !!!

    Thanks,





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  • Lydia
    06-18 11:33 AM
    babu123
    When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..





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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.





    extra_mint
    04-22 11:49 AM
    I got the exact same RFE and I am with the same employer (though company name changed due to merger) since start. I got RFE last week only so I am working on the response

    Based on my research the response should be
    List of job duties (this should match with what was in your Labor) and if the title differs then you can give details that new titile has same job duties as the old job title

    Also I checked this is pretty normal RFE (many people get it)
    Check the link below
    http://immigrationplus.blogspot.com/2006/07/i-485-rfe-employment-verification.html[/URL]





    Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.

    Sorry for the confusion. But please do help me if you have any inputs.

    In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?





    dealsnet
    10-21 08:26 PM
    File new H1B.
    You may not adjust the status. (B1 to H1). (Get the H1B approval without 1-94 attached)
    You need to go to India and attend interview to get your visa stamped.
    Do premium process to save time.
    So you will be safe. Everything can be done within 45 days, if do PP and move fast.
    Entry on H1B will be safe for future immigration matters.

    Dear friends,

    I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

    I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

    Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.

    Other relevant past details are

    H1B non cap petition- June 2008
    221 g at the consulate for the H1B petition since I didn't had the license.
    Hospital withdrew the H1B petition in August 2008.


    Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

    And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John



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