Saturday, June 11, 2011

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  • eb3retro
    06-29 12:56 PM
    i invoked ac21 twice..never asked even a single question to the employers, infact my current job title is not even close to the job title that my labor was filed long time ago, i am very confident, i will change my mind and go back to india for good, before my PD of jan 2003-India becomes current. just cant ruin my career and life thinking about things that are not in our control..just my opinion, not an advice. if u get struck with a sick job for years due to the GC mess, it justifies itself for all these decisions. even if they issue an RFE and my GC gets denied, i care a less about it, cos it lost its importance when it took this long..atleast i am doing some work right now which will help my career on a long term basis.





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  • pd_recapturing
    09-23 11:03 PM
    I am July 23rd concurent Filer (Texas service Center), day before yesterday received FP notice but no other reciepts. wrote email to Lawyer to update.
    Did your checks get encashed ?





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  • arc
    10-04 02:29 PM
    Receipt date Jul 2

    Transferred from NSC>CSC

    Receipt Notice Aug 23

    Got EAD/AP

    485 Transferred from CSC>NSC

    Waiting for FP notice





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  • payur
    09-07 02:17 PM
    Actually my husband is primary for GC process.I am on H4 visa.How can he revoke I-140.My PD is may'03 and TSC

    Oh..I see.

    May be soon you will get your GC and then you can kick your employer:)

    I am confused on how your H1B cancellation letter will impact your GC. If my understanding is correct your employer and your husband's employer are different, I don't see any relation. This is my guess and consulting an attorney will be the best.



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  • veni001
    02-03 10:24 AM
    Just curious. Who's the author/source of that article that you provided the link for? :)

    I don't know! but if you think sth is not right in that article we can discuss.





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  • HV000
    03-09 01:26 PM
    Can somebody recommend/suggest good immigration attorneys in Chicago for filing G-28 and AC-21?



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  • la6470
    06-03 09:45 PM
    Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)

    It shows self employment and H1B cannot prove employer-employee relationship.

    >>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.

    He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"





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  • Canadianindian
    07-09 09:18 PM
    nixtor and english_august are requesting IV members to join them tomorrow in Washington DC.

    It would be great if members are able to make it to this event.

    Please please join these folks...strenght is in numbers. I bet if you can wait 10 years for GC, you folks can surely spare couple of hours. Please confirm and support.



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  • purplehazea
    05-31 06:14 PM
    I'm not trying to give you cause for concern, so please don't take my posting out of context.

    Good luck and future success!!

    Of course you are!





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  • niklshah
    09-19 11:01 PM
    Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...

    hey bro i did not give u red dot for spelling mistake, i frankly told u to edit it...



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  • Raj_2009
    08-18 10:40 PM
    Hi YabaYaba,

    Thanks for your kind advice. I tried to take Infopass now. Shockingly, no appointment is available for August and September. Is there any way that we can get emergency Infopass at Local office?

    Thanks,
    Raj





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  • ski_dude12
    05-04 02:34 PM
    Thanks for the reply.



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  • me_myself
    12-17 07:02 AM
    Did someone face this situation recently? I am really concerned about my case.





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  • vikramy
    06-15 02:45 PM
    Several people i know got RFE during H1 transfer and few got denied . At the same time many got approved.

    Mines also got denied even though i a have a project and with big company.

    But if you are over 180 days you can take a chance. It is better that getting less salary. You can transfer on premium and switch company after it gets approved.

    On the side note: dont transfer your h1 to a company starting with cognXXXXX and ending with "solutions". their immigration department sucks and several of their transfers are having issue.




    Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

    I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

    What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

    H1 Transfer rejecting = H1 Visa rejection? :confused:

    Please let me know.

    Thanks a lot.



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  • saps
    03-16 06:04 PM
    My two cents are that you should attach your receipt notice for I-485 and approved I-140 along with your spouse's application right now instead of waiting for his/her receipt notice. BTW, this is based on an opinion of attorney I consulted.

    I don't think that your spouse's I-140 has to do anything with interfiling. You application will be interlinked to your spouse's application based on I485. Also, since you are just interfiling, you both will remain primary on your respective applications with no derivatives. You won't become a derivative just by interfiling. Thats the benefit of filing separately so that who so ever has the PD current first, the spouse benefits from it even though his/her PD is not current.

    I don't understand why your attorney is recommending to interfile when you have an option to let USCIS know right away where to put your spouse' I-485 file. I recommend you to take a second opinion if you have a doubt.

    Thanks





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  • doggy
    07-22 04:25 PM
    As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).



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  • Murthy
    05-07 08:10 PM
    The Beacon (http://blog.uscis.gov/)

    Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.

    1) Combine EAD and AP into one document and issue for 3 years.

    USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.

    2) Allow people with approved immigrant petition to file an I-485.

    The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.

    3) Do not count the dependents against visa numbers.

    The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.

    4) Publish all the backlog data including that of district offices.

    USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.

    5) Publish visa numbers that have been used to date in the current year.

    Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
    Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
    They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.





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  • GCwaitforever
    03-22 07:41 PM
    Many Greencard holders have a difficulty marrying spouses from another country (than USA). USCIS imposes harsh rules and Greencard holders can not even bring their spouses on a travel permit for visitation rights. Prisoners fare better as they have visitation rights and their spouses can come and see them.

    V-Visa is introduced to alleviate these problems of Greencard holder spouses. But V-Visa provisions allow only greencard holders from 2000 and before to bring their spouses here and V-Visa does not expire.

    Is IV going to work on extending the V-Visa provisions to beyond 2000?





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  • l8A
    10-05 10:28 AM
    H4 visa could be expired but was she having a valid I-94? I-94 is the one which validates her stay, if she had a valid I-94 then it should not be an issue...

    How do I know the expiration of I-94? Does it say it on the I-94??





    hebbar77
    09-10 12:28 PM
    MY PD is july 2004 (I485 filed on 2 July 2007 with ND date 8/9/2007) and I did not get any approvals so I opened a SR on 09/03/09.

    Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.

    Now I am eagerly awaiting my approval (primary + 2 Dependents).

    My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.

    If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.

    My case looks same as urs! thanks for writing.
    I just hung up with USCIS before I read this.
    first person transferred the call to someone else , that person gave me an email address to forward the earlier SR response and explain the problem!





    JunRN
    08-26 12:19 AM
    You got your receipts from TSC, right?



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