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  • amitga
    03-01 10:23 PM
    If you can do that. Go for it. YOu will get your GC in 6 mths after coming here on L1.

    Hi All,

    I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.

    I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.

    Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.

    I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!

    This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.

    Only thing though is my wife would need to attend interviews.

    Any suggestions/feedback will help me and all other people in this situation.

    Thank You,
    The 116





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  • bsbawa10
    09-07 06:32 PM
    And any ideas on what will we do with the final list? If it ever gets to include absolutely everything - much of it may even be hidden from us - you never know what goes on inside those Fed buildings!
    I think if we have enough data with actual incidents /dates , we can atleast post them on blogs, send them to the director USCIS, send complaint to congress and whereever else we can.





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  • starscream
    04-21 06:28 PM
    Sid,

    I am sorry to hear about this.
    - What was the RFE about?
    - Are you employed by a consultant or employed full-time at a company's location?
    - Did your employer have any profit isseus / layoffs reecently?
    - Is your employer TARP funded?
    - Do you have your EAD?

    I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.





    Hi Everybody

    My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

    My company said there are 2 options

    1) file an appeal. they are pretty confident that the appeal will be in my favor

    2) have another company file a new h1.

    what do you guys suggest? Can i do both simultaneously?

    Help will be greatly appreciated. I have never had visa issues till now.

    thanks in advance





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  • inskrish
    04-11 10:51 PM
    I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
    What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.

    Hello,

    I am 99.99 % confident that the soft LUD has nothing to do with your job loss. Had USCIS been that efficient to update our cases with in a couple of days of change request, we wouldn't have this messy immigration system. Lately, USCIS has been working aggresively to reduce the backlog of pending 485 applications applied during the July.2007 fiasco, by processing those applications. The "processing" means validating the application and the documentary evidences. If everything is fine with the application and the applicant's PD is also current, USCIS approves the I-485. If the PD is not current, USCIS preadjudicates the application and the application is kept pending until the PD becomes current. This triggers a soft update in LUD in I-485; besides, there are also several other scenarios that might trigger soft LUD in I-485.

    Regards,
    InsKrish



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  • phigi
    08-19 03:33 AM
    that got me back my rights to Post messages. thanks Kannan





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  • martinvisalaw
    06-30 11:25 AM
    If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?

    No, you can continue working in H-1B status, assuming this has not also been denied.



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  • txh1b
    08-25 03:32 PM
    Depends on what you mean by porting. Do you already have an approved 140 in EB2 or are you going to start from scratch by having the company file for a labor?

    If it is the latter, the company as per the law must pay for the labor filing, advertising costs. Anything after that, there is no problem for you to be paying for the GC.





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  • eldrick
    07-31 03:46 PM
    Last week, I submitted my documents to my lawyer but until now I haven't received any confirmation from my employer yet if my application has been filed already. We are not allowed to contact our lawyer directly so I'm just relying on my employer about this. I'm quite concerned coz there's no way for me to find out if they have filed it or not.
    Is there a way? Please help me please. Thank you



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  • bsnf
    08-17 09:44 AM
    I travelled to India via Dubai last Nov returned Dec 31st - did not have any problem. They only checked AP and passport - I did not carry any supporting documents - was not asked in Dubai or US.

    I am travelling again via Dubai in Dec returing Jan.





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  • GTGC
    02-07 04:47 PM
    A few days ago there was a soft LUD on my spouses and my I485 applications. I am the primary applicant and I also had a LUD on my I140(approved in 2006).

    Then a couple of days later the message changed for my spouse and we recieved a physical notice in the mail from USCIS. The notice stated that-
    Only my spouses I 485 application was transferred from TSC to NSC. The reason for transfer of the application was "faster processing".

    Has anyone had this experience where the derivative application was sent to another service center but the Primary application remained in the original center.

    My lawyer says this is normal processing.



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  • gc4sk
    07-05 09:41 PM
    They (USCIS/DOS) want us to go back to our home country after gaining 6 years of experience so that we can compete with them directly.





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  • GCInThisLife
    07-18 05:14 PM
    I have some more docs about 485 standard op process, AC21 relief, 485 interview waiver, filing guidelines for EB based immigration petition etc.. but not able to upload. they do fall under max size limits.. Any hints..



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  • vparam
    11-01 09:34 AM
    One of the requirement is if you were last submitted to the U.S. as a non-immigrant on or before Sept 30, 2002. At that point in time, i entered the U.S. in January 2003 after taking a 2 weeks Christmas break.
    The document you have reffered is -->EXTENSION OF REGISTRATION PERIOD
    FOR CERTAIN NONIMMIGRANTS

    and this extension is valid till on or before April 25, 2003

    for the following

    And you were last admitted to the United States as a nonimmigrant on or before
    September 30, 2002; and
    � If you are a male, born on or before February 24, 1987; and
    � If you did not have an application for asylum pending on January 16, 2003, or if you are
    not otherwise exempt as described in the attached questions and answers; and
    � If you will remain in the United States at least until April 25, 2003.


    So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....





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  • wizard20740
    07-01 03:46 PM
    My wife's ead was filed in April even though hers was due for expiry only in Oct 2008. Yday her ead was approved (her online status read "card ordered".

    I have also read about one other case in , where the poster had filed too early but still received approval. Only problem is the new ead is valid for a year starting from the filing date, not 1 year from the expry of the old ead.



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  • chanduv23
    10-29 01:28 PM
    Bump - come on folks, please provide feedback.

    We are glad that so many people turned out in huge numbers.





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  • meridiani.planum
    03-12 02:43 PM
    One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.

    Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.

    Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.

    I have NEVER worked for employer X, It was a future position and I may still join them.
    I have approved 140 and 485 is pending for about 9 months.
    EAD is approved and so is AP.


    Please help guys!

    you dont need to refile PERM and I-140. Since your I-140 was approved and 485 is pending for 9 months you can simply invoke AC-21 and move to another employer.

    See questions 2 & 3 here:
    http://www.murthy.com/news/UDac21qa.html#3

    Did you ask the attorney why they think you need a new filing when you qualify for AC-21 on your existing filing? this might simply be a misunderstanding...



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  • snathan
    02-09 02:39 PM
    Guys Please contribute...Thats the need of hour.

    http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000





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  • pellucid
    05-04 10:53 AM
    Non Premium: 60 days; Premium: 15 days

    If you have your case number, register the online status service, and you'll receive an email like the following when they receive your RFE:



    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: SRC071XXXXXXX

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Response to request for evidence received, and case processing has resumed.

    On May 4, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status & Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)





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  • cessua
    09-11 07:00 PM
    Were you really expecting that any bills were going to pass? In the politics world it is all about compromise, no one will vote for anything tht can risk their image before the election. Let's put it this way... you are a law maker... what to would you care about? immigrants or yourself?





    gcdreamer05
    01-05 04:35 PM
    Hi there,

    I need your advise - have an issue with travel back to the US.

    My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.

    I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.

    Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.

    I would really appreaciate any advise you can provide to my query. Thanks!

    Sorry to know about your situation....

    Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.

    This is very tricky, there is only one solution.

    You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.

    Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.

    If you had already known about this, why did you make the mistake of sending her abroad....





    pa_arora
    03-02 01:15 PM
    I have heard many ppl say that its okie to go back before the kid is 10 yrs...and with this statement heard many examples...so I would guess its before when the kid is in 5 grade.

    -p



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