Friday 10 June 2011

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  • gc28262
    02-10 11:06 AM
    When using AC21, In case of RFE on I1485, do we need to have a copy of approved I-140 ?

    Or is the receipt number enough ?





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  • plassey
    08-19 05:54 PM
    Unless, people realize that it is in their interest to spread this grass root effort it is all futile. Do you guys really think that distributing fliers by four guys at the parade is going to make a difference.
    Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
    After all, these were not doing only for themselves but for every one else too.

    What a pitty! :mad:





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  • abq_gc
    08-29 10:34 AM
    A very good idea... Need people to start Bogging and writing these editorials..
    Media attention towards the scam of USCIS is necessary..





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  • kmdhar
    09-19 11:08 AM
    You can enter back into USA as long as your visa is valid in your passport(even on the day of expiry) and also you already got the extension, so that should not be a problem for you. But you cannot enter in to US just with your extension approval.
    To get stamped in India, you will be able to get Emergency Appt but you have to prove your emergency situation.



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  • rameshvaid
    08-16 12:26 PM
    Hi,

    I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.

    Thanks.

    My son was on B1 and then on H4. B1 was stamped in 2000 for 10 years. He was with me in US for 4 years and had 1 stamping of H4 in his passport after 2000. He moved to Canada in 2005 but still visits me on B1 which was issued to him before his H4 stamping and B1 was never cancelled. I am not sure about L1..

    RV





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  • larmani
    08-14 12:30 AM
    Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.

    My lawyer also done the same thing. However, TSC sent a reply back saying contact National Service Center.



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  • uslegals
    12-21 12:04 PM
    Thanks Guys.! this is really, really helpful. Appreciate your advice.!!





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  • irrational
    06-18 08:28 PM
    My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.

    This is for an EAD Renewal.

    Is it ok if I don't send the I-485 Receipt copy ?

    -Bipin



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  • raysaikat
    08-28 05:09 AM
    Hello,

    I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~
    Sonia

    You need to get another H1-B from the new employer. You will not be subjected to quota. Otherwise there is no issue since you are in your home country.





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  • ameryki
    06-27 04:05 PM
    I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????

    I think it is 2 years for approvals that occur after June 30th. Which means yours might be a 1 year deal



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  • kumsoft
    07-02 03:04 PM
    Dear Follow member,
    Our inability to apply for I-485 due to unethical behavior of USCIS is not covered by any major news channel. I searched in google and looked up all major news web site, non has this news. When all these news channels can cover illegal immigrations, why cant they have some space for legal immigration. We are legal immigrants, shouldnt be afraid of anything. We pay a lot of taxes and we dont diserve this 3rd rated treatment. So go call every major news channel in your local area and request them to cover this news. I called Fox10, ABS15 & AZ Republic in Phoenix area. Spread this news and create awareness and we should be able to get justice.





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  • piyu7444
    09-15 11:56 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    For point # 3 you can always tell USCIS that she joined the company in Nov 2007. It is not required to join the co. on Oct 1 although one gets converted to h1b from h4 when you change status in US. There is something like late joining also hence no pay !

    Obviously the employer should have paid her but if she is working thru a desi firm I would understand what would be the case......

    I do not think this will impact your 485 as long as you have pay chqs. coming for her in continuation thereafter and w-2 for 2008 meets the Amount on h1b LCA. USCIS will generally look for w-2 and might ask for recent pay stubs.

    I have been interviewed for 485 (random pick) and they did not care to look at my pay stub even when I asked them to.........

    Ensure that w-2 has the correct numbers else it can be trouble.

    Consult a lawyer as all the above is my experience and limited knowledge.......

    Hope it helps!!



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  • crazyghoda
    04-29 10:27 AM
    Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
    1. The attorney gets more money for filing a seperate application.
    2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.

    Best to port the PD at the time of filing the 140.

    Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.





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  • calboy78
    08-10 07:16 PM
    Sorry, I did not phrase it properly. Apologize.

    The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.

    What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.

    I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.

    Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!

    The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.



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  • smsthss
    11-15 01:18 PM
    In other words, Does it matter whether I-485 is filed or not filed for a 3 year h1b extension based on approved I-140.





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  • kumar_77
    08-01 11:16 AM
    Hello Core Members ,

    We are seeing that some applications are being returned by USCIS mail room people , for improper fees and missing forms . This looks to be a very bit issue for people who have filed the cases , during July . Its possible that the filers may have made any mistake or this can be a mistake of Mail room People too due to huge volume of applications they have received . During Normal process every one had a fair chance of applying again with in the current month or many times even the preceding months. This is definitely not the case this time. If some case is rejected after Aug 17, they will not be able to file I 485 for Years . Can any of the core members suggest a way to contact the USCIS or DHS people and get some relief from this , and allow to re file the I 485 .

    Thanks
    Kumar



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  • quizzer
    07-05 09:52 PM
    Anything is possible with USCIS!!!





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  • hibworker
    03-21 11:04 AM
    I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.

    It is part of new employer - employee relationship memo. One of my friends has been working for 3 yrs at US Company via 2 layers of vendors. He went for stamping at Delhi 2 months ago. During the interview he was told that his visa has been approved - however a week later his passport arrived with visa denied.





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  • GCard_Dream
    11-30 09:39 PM
    Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn�t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it�s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.

    The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.





    mchundi
    12-16 06:26 PM
    The numbers for 2005 were released in jan 06. They were discussed then in this forum.
    http://immigrationvoice.org/forum/showthread.php?t=78
    Please post the links when ever they release the numbers for the fiscal year 2006.





    krustycat
    10-31 03:03 PM
    Still the same, they are telling me the same story.
    Wait, wait and wait. That's all.



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