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  • cgs
    02-08 08:57 AM
    Is there anything like this, if yes can you throw some light on it.
    As far as I know for any L1 to become H1 needs to apply in the new H1 quota.


    L1A is for managers and you actually have to work atleast one year outside the US to apply for a GC (L1A - GC)

    L1B is most commonly used (abused). There is no minimum required pay and has no cap. Moving from L1B to H1b is a nightmare.





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  • wonderlust
    07-18 05:12 PM
    Hi. I realized that I made a mistake when filling out the I 485 Part Three:

    I posted this at the wrong spot initially. Sorry.

    I made a mistake on the I485 form Part Three Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.


    I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.

    I was wondering whether anyone here had done that before.

    I am kicking myself for misunderstanding the form! Please help!


    Wonderlust





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  • green_card
    07-18 06:13 PM
    what number did you call? did you speak to a person or got an automated message?





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  • sertasheep
    03-07 06:02 PM
    The featured attorney for the next conference call is Ms. Susan Henner. Susan Henner is a solo practitioner specializing in immigration law in Manhattan and White Plains, New York. She has been named as one of Westchester County, New York's "Forty Under Forty" Rising Stars by the Business Council of Westchester.

    More information about Ms. Henner is available on her website (http://www.susanhenner.com/firmprofile.jsp)

    Details for the next conference call:
    Time: 11:30 AM Eastern Time
    Date: 10 March 2007, Saturday
    Dial-in: 218-486-1300, Bridge 153151

    We invite you to participate in this call which has now been moved to Saturdays to make it more convenient for members to join.

    The range of questions covered would be 101 through 126. We realize that some of these questions may be dated or you may have sought opinion from other sources- we would like to catch up and accept new questions as well for future calls at this time.



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  • clockwork
    07-06 10:53 AM
    07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

    * New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:

    "To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."

    * The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
    * We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:





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  • mps
    05-28 10:26 AM
    Hi,

    After reading about the pro's and cons of EAD e-file and paper based. I found that when you paper file I765, you DONOT get a fingerprinting notice and you DONT need to give FP. You will get your EAD directly. With e-file you dont send in the photos but u will have to go do the fingerprints and photo taken..

    Can anyone confirm this?

    Thanks.

    I can confirm this based on recent chat with my attorney. Attorney e-filed my EAD without any photographs and I have already got FP notice in mail.



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  • fromnaija
    11-17 03:07 PM
    Hey Guys

    I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

    Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.

    Looking at the above filling date, can some one brief me on my likely priority date?

    The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

    When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.

    Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
    So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

    To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

    ***DISCLAIMER****
    (I am not an attorney, please consult an immigration attorney or use advice at your own risk).





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  • amirani
    03-03 05:27 PM
    Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.

    Thanks for the response.

    The amount is approx $7000 and after deductions it will be just under $5000...can anybody suggest some good lawyer and what will be the charges...anybody else faced same issue in past....



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  • munnu77
    02-04 05:08 PM
    My frinds 140 got approved today..
    receipt date August 21 2008
    Approval date januray29 2009
    EB3 Texas service centre
    american company- Non IT





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  • Ann Ruben
    01-29 11:23 PM
    Thomson,

    I think you should probably consult a good local immigration attorney who should have some access to the IO or his supervisor so that the AOS is not improperly denied. I don't know how useful an infopass appointment would be. That can vary greatly from office to office.

    If the AOS is denied, you can refile or you can file a motion to reconsider. There are significant filing fees for both, as well as delay.



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  • Jaime
    09-18 10:16 PM
    We saw many toddlers and older kids! Brave little ones!!!

    By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!





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  • Leo07
    02-01 11:22 AM
    Sorry, Link was on the first post.

    Here it is again:Organizing for America | BarackObama.com | OFA Survey (http://my.barackobama.com/page/s/OFASurvey/)


    please post a link to this survey



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  • prioritydate
    08-09 12:07 PM
    1. How do you know that we are not approving 2004 cases? Just that you didn't got your approval doesn't mean that we are not approving 2004 cases.

    2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.

    3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.

    4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.

    5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.

    6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.

    7. Oops... we sorted all cases that can be approved, by descending order. Sorry!

    8. Time and again we want to prove that we can do anything we want.

    9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.

    10. Yikes! Dog ate all 2004 cases.





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  • man-woman-and-gc
    04-01 06:13 PM
    I would be appreciated, if people returning at NJ Airports can post their experiences of Successful re-entry . That would definitely be helpful to all other people, who will have to travel, in case of Emergency.

    I and my wife entered successfully at EWR, end of Feb this year. I'm on my 7 year on H1-B that was stamped just a month ago in Ottawa Consulate in Canada. Also, I had new passport renewed from India. My Visa was stamped on my old passport that was expiring in Dec 2009.

    My wife is in her 4th year (2nd extension) of H1-B and her Visa was stamped as well, a month ago at Ottawa Consulate.

    There were no issues at all at POE. We were asked what we did at our respective companies, but were not asked for any letter etc. Both of us are permanent employees in our companies.

    Feel free to PM me if you have any specific question regarding our POE experience at Newark Airport.



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  • va_dude
    05-07 04:23 PM
    yes at TSC.





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  • nsrinivas
    09-30 11:33 PM
    I think was just in anxiety !!!. My wife recieved FP notice around 5 days after I recieved. We both have appointment on same day and same time.

    So bottom line even though it is frustrating , I think the best solution is to just wait :)



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  • gnutin
    03-30 02:58 PM
    Yes, that list is sufficient. I just sponsored a relative with the same set of documents and everything went smoothly.





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  • desi485
    11-11 01:04 PM
    Priority Date Current: Curse or Boon ?

    I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.

    Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because

    You can not get 3 yr H1 extension if PD is current (only 1 yr).
    You can not get 2 yrs EAD if PD is current.

    So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.

    Read somewhere that AC21 can not be (or not advisable to) used when PD is current. Not sure how far is this true.

    edit: Found one link: Portability Applies to I-485 Applicant without Current Priority Date
    (http://www.ilw.com/articles/2006,0321-murthy.shtm)





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  • baburob2
    10-07 08:11 PM
    My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card

    1. How can he use the PIO card to enter and exit India?
    a. Does he simply show the PIO card, US passport to enter and exit India?
    2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
    a. Do they return the PIO application and its supporting documents before visa could be applied?
    b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?





    cinqsit
    10-10 07:55 AM
    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!

    If I were you I wont try and get confrontational with the employer HR or attorneys as
    you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!





    gcisadawg
    06-25 11:05 PM
    Hi,

    I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.

    I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

    My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

    Can any one suggest me on this?



    Thanks
    h12gc

    Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.

    Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.

    Thanks!



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