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  • brij523
    02-17 08:16 AM
    Good job Varsha.

    As promised I have prepared the list of 110th congress member and send to Himanshu. Hope he likes the format.

    I am working on getting appointment with our congress member - John Barrow of GA.

    Based on the list I prepared, it seems maximum number of congress member come from NY,NJ,FL,CA,TX,IL. So I think member from these states have to be more active.




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  • sledge_hammer
    05-30 05:58 PM
    Photo copies of LC? You mean approval or the application photocopies?

    If you can get your hands on photocopies of Labor certificate, that would be awesome. Otherwise, make sure you at least have the following -

    1. Experience letter (with last day of attendance)
    2. I140 receipt
    3. I485 receipt
    4. Paystubs for 6 months of employment post I1485 receive date

    You are good to go from there.




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  • hpandey
    06-02 03:16 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?

    As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.

    This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).




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  • ursosweet
    10-02 09:54 AM
    just spoke with someone yesterday whose PD was april 2005. he files 485 in september 2005 before eb2 retrogressed.
    he got his GC in august 2007. now how is that possible when i still see people wth PD of 2004, whose GC is pending. also btw, in august 2007 and in july 2007 the eb2 was U.
    anyone can explain that please?



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  • tikka
    07-13 07:29 PM
    Thanks GCard_Dream

    Great Job! amitjoey...
    added to your reputation..




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  • leoindiano
    07-09 01:45 PM
    Buddy,
    Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.

    GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
    Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:

    Needless to respond...but cant stay calm....

    We were trying to track what is going on? 15 days was the published deadline. Priority date of mine is Nov 2004. You can check my previous posts. You are the one who was harsh to start with. Now you are talking about english. You got the boomarang.. good luck



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  • sledge_hammer
    05-15 02:18 PM
    At this time ONLY 30% of EB2 Indians have current PDs. I've asked this question before - don't you all think that maybe dates will not have to retrogress again? I mean, 30% is too low a percentage for triggering a backward movement of PD.

    Any thoughts?




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  • TeddyKoochu
    10-14 04:34 PM
    Spring 2010 (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=1615-AB82)

    Sakthisagar & RSM144 many thanks for posting, the spring document has a target date of Oct 2010, I believe there is a chance of this happening sometime with the fee increase, they will have a fee for this. Hope this rule comes into play it is good news for us.



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  • akhilmahajan
    07-01 04:31 PM
    It all depends upon the school. You just need to show them that your 485 is pending and you have AP with you, you have used it or not does not matter. But the most important thing is to convince the school. One of the senior members, had posted their own experience and it has helped me a lot to get the FAFSA approved for my spouse. Let me know if you have any questions. I will also try to find that thread.




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  • kondur_007
    04-06 01:26 PM
    One thing does not make any sense: If they have reduced the backlog so much, why can't they resume I 140 premium processing?

    AILA is finally tired of asking this question, but it simply does not fit the equation that thye have not yet started premium processing (considering their love for money:p)



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  • gcseeker2002
    08-14 02:24 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.




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  • belmontboy
    07-31 01:04 PM
    I would like to know what are the primary reasons why employers revokes approved I-140 after invoking AC21 after 180 days.

    a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.

    b. Do big companies like Infy, Wipro do this?

    c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..

    Please reply with ur inputs.

    Wipro doesnot sponsor GC's that much.



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  • MYGCBY2010
    11-09 10:39 AM
    Do not worry about RFE on AP. I was and am in the same situation (NSC->CSC->TSC) . ND was Sep 19; got my EAD; RFE on AP (for me & flmy) & no FP. RFE was asking to submit all copies of I-94's ever issued to be, proof of relationship (birth , marriage cert). Yest , on the website saw that our AP was approved :D.

    For the FP notice, called them & managed to speak with an IO. She advised me to wait for 60 dyas after the 485 ND.

    How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...




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  • pgc10
    02-03 01:00 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.

    I'd like to believe that USCIS doesn't act upon such information. However, look at this guy's case.

    He says he got a "response" from USCIS after filing for AC21 stating that the information he sent was now "attached" to his existing application.

    http://immigrationvoice.org/forum/showthread.php?t=23339



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  • Sakthisagar
    01-25 09:02 AM
    Please file a new H1B extension petition with a copy of contract between the client and your company.. the actual contract, if the client/vendor do not want to share that with your attorney then ask the client/vendor to directly send that to USCIS fax number and ask your attorney to mention in a seperate letter that client contract/letter (copy of original) will be sent by their attorney in so and so time.

    I had the RFE on Sept 2009 on premium processing, I have done tha above and got approved for an year even though my I-140 is approved on 2005 and 10 years in the USA.

    Please do needful and be on status.




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  • arihant
    10-26 05:13 PM
    A) Yes, you can transfer the pending h1 extension to premium.
    B) For current status https://egov.immigration.gov/cris/jsps/ptimes.jsp with your respective service center.

    Thank you for your response. ANy idea how long the conversion would take?



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  • kminkeller
    03-09 01:51 PM
    Thanks va_dude.

    I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.

    I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.




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  • saileshdude
    06-25 12:55 PM
    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    As per this memo -

    While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.

    With this, I am not sure, the defense of PD is not current is going to work.

    Here are the questions that I have:

    1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.

    2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.

    I would like to know what various attorneys think about this




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  • bhayzone
    05-01 08:21 PM
    First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.

    Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.

    1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
    2] Then get I-20 for my wife
    3] Then get her F1 stamped.

    Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.




    raj3078
    02-09 09:53 AM
    I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights




    vikki76
    04-21 05:49 PM
    Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.

    Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.

    Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .



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