Thursday, June 16, 2011

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  • ashutrip
    06-18 10:15 AM
    PERM/LABOR took 1 year for me and a bunch of colleagues in my company.
    hmmm...thats a very good news :(





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  • onemorecame
    07-23 12:14 PM
    Dont know whether it matters.

    But R. Mickels.


    How do you know who signed your I-485?





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  • sidd_k2002
    03-24 07:30 PM
    Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.
    Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and my company revokes my H1? In that case will i be able to use my remaining OPT, since i will have my H1 cancelled by my company?





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  • nfinity
    07-09 10:15 AM
    Before she changes her job so soon after I-485 approval. Make sure you understand the consequences of not staying with your petitioning employer.

    Your intent may be questioned during Naturalization process. Talk to an attorney. I dont think people can just switch employers after 485 is approved rightaway.

    Just my 2 cents



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  • chanduv23
    07-27 04:04 PM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.

    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?

    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.

    Thank you very much for your advice and help in this matter.

    As long as you have a job/future valid job in hand, you don't have to worry. If you have changed your residence, just change your address and face reality. Most petitions are preadjudicated - which means that the adjudicator - when processing your application was convinced that you have a valid job. Now, unless something drastically changes (which is rare) you don't need to do anything.

    Don't get stressed over RFE. RFE is nothing to worry about. I think you should be more worried about your employer who is not paying you properly. You need to report such employers.

    Even if you get a RFE, it has nothing to do with pay checks. Pay checks is a arrangement between you and your employer and USCIS has nothing to do with your pay checks.

    People have moved coast to coast and changed addresses and not received any RFEs, so just chill and be happy that your PD is current.





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  • akred
    07-07 11:03 PM
    Yes, as long as you meet these conditions -

    1. You lived in the US for 183+ days in the tax year or

    2. You lived in the US for a total of 183+ days in the tax year and the previous two tax years, counting 1/2 of the days for the previous tax year and 1/3rd of the days for the tax year before that one.



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  • GCOP
    11-08 07:38 PM
    There were many 245i applicants who filed under EB-3 category than EB-2 category. So EB-2 is less affected due to less 245i applicants and most of the problem is experienced in EB-3 categories.
    We all should request congress, not to penalize us for playing by the rules and further request to exclude 245i visa numbers from regular quota.
    I have already contacted the offices of Senators of my State & Rep. of House also. We all should contact our law makers.





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  • Steve Mitchell
    March 27th, 2004, 08:11 AM
    Yes I will be there.

    Well.. speak of the devil.. I did score the publisher's tickets for the Heat game.. Not where I thought they were though.. It's section 14, row 5, seats 10,11,12,13. So I'm over in the corner behind you it appears.

    Checking the Fieldhouse website it says:

    "Camcorders/Recording Devices:
    �Still� cameras are permitted at Pacers, Fever and Firebirds games. No Video cameras are allowed. During other events this policy will vary, and guests may be asked to check these items in at Guest Relations in the Entry Pavilion."

    I've never bothered to bring a camera into the games ever.. It seems as they are pretty liberal in the policy -- kudos to them.

    Now I'm going to exploit it. :-) My wife is going to the game with me and I'm guessing she is going to give me grief if I drag the borrowed 300 w/o the hood into the game.. I went down to work to borrow it this afternoon.. I'll probably have to settle for the 70-200 after she throws a fit.

    Are you shooting the game Steve?

    -- Matt



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  • raysaikat
    07-10 07:17 PM
    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?
    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?
    3. What if the old employer revokes his I140 now? His GC process is invalid?
    4. If we leave about GC, Can he do H1 transfer atleast?

    Thanks for your valuable suggestions.

    Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.





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  • s416504
    09-04 01:44 PM
    I called 1-800-375-5283 (press 1-2-2-6-2-2-1 at the prompts) Today.
    Same reply due to high volume wait for 90 days



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  • anand2007
    07-16 10:11 PM
    you can't file 2 concurrent i-485's with same names. But, on your AOS/485 application your spouse can be listed as beneficiary and Your spouse in her applications need to choose consular processing while filing I-140 or vice versa.this way you can use the best of both applications.


    Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?

    Is this possible?





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  • dc2007
    08-04 06:57 PM
    I think lot of people here might be having similar issue, which I am having. As a consultant I have stayed at lot of addresses but my on my salary slip I try to keep the same address.

    Here is the one scenario out of many:

    Scenario 1:
    1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.

    2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.

    3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.

    4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140

    Question 1
    So, From Jan 2007 till July 2007, which address should I show - NJ or VA ?
    Note: my H1 labor has NJ address only for this duration.

    Scenario 2:
    In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).

    Question 2
    Should I use NJ address only for these 2 years - 2003 and 2004 ?

    Scenario 3:
    Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.

    Question 3
    Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?

    My main concern is, Is g-325 has anything to do with tax return ?

    Should I make sure that my H1 labor state should match my residence address?

    In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?

    Thanks in advance



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  • sri1309
    01-10 10:51 AM
    Hi ALL,

    Here is idea. It can happen to you next week, sorry, but its possible.

    Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
    What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.Will you start looking at expert atttorneys spending 1000s of $s. Will you have to return back??.

    I know some of us are unfortunate to be in the situation, not me, but who knows??.

    So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just imagine you lost your job and in despair.
    Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
    Sorry if I sound depressing, but lets act before its too late..





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  • amoldc
    10-30 04:20 PM
    Me & my wife both got our reciept dates one month back, but not for my daughter .Which number should I call to check on the status of my daughter's application ?

    Please call
    1-800-375-5283 options 1-2-2-6-2-2-1.

    Dial the extensions in sequence with a gap of 2 seconds...

    Good Luck !!



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  • mzdial
    March 20th, 2004, 11:43 PM
    Thanks for reminding me of the loss. I was sitting about ten rows up screaming. I saw you there, you must not of heard me yelling. Hehehe..

    -- Matt





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  • eb3retro
    04-13 10:39 AM
    Hi,

    First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.

    I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.

    I have a AP, valid through January 2011 and a EAD valid through August 2010.
    Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.

    I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?

    Any information will be highly appreciated.
    Folowinga are the documents, that I would be carrying:

    a) I 140 approval notice.
    b) I 485 receipt notice.
    c) valid EAD
    d) valid AP
    e) AC21 protability letter from my immegration layer.
    f) I 140 support letter from my new employer.
    g) Offer letter from my new employer.
    h) termination letter from my earlier employer.
    i) Address proof
    j)W2

    Can anyone let me know their expirence if faced similar situation please.

    do not worry..its going to be perfectly alright. i travelled thru jfk using my AP after using ac21 twice. infact i only gave my passport, along with new i94 filled up , with a copy of the AP at the port of entry to the officer. no questions asked. just remain calm and answer any questions asked politely. AP is for this exact purpose which helps you to exit and enter country during this excruciating time of 485 approval waiting. so, you are good to go as long as you have a valid AP, infact I travelled once using AP, when I didnt have a job here. all it matters when you reenter is if you have a valid AP/VISA to enter the country.

    On a different note, please update your profile. people value that a lot here..



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  • my2cents
    10-12 03:41 PM
    There is no timelimit on sick leave or maternity leave but there should be a reasoable time period.

    As long as employee/employer relationship exists there should be no problem. but extending the leave beyond 6 month would be put some doubt on bonafide employment.

    it's all about how your solid documentation about your extended vacation.





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  • mikemeyers
    11-09 12:20 PM
    anyone else has any opinion..plz share it...





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  • fatjoe
    09-05 10:28 AM
    Thanks Divakar for your prompt response. Could we say that it has been 90 days since we filed, when it is actually only 50 days.





    sammyb
    02-26 10:48 AM
    Middle of 2009 we had issue (denial) with my wife's I485 and after MTR failed I contacted the local Senator's office ... it took around 6 months to finally turn the ball and revise USCIS's earlier decision of denying the application - it was a case where we followed the process and was penalized because of technical reason by USCIS ...

    So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'

    hope this helps ....

    Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.

    When in need for I-485 issues, who is better to contact - Congressman or Senator.

    I just want to know the pros and cons of each and maybe this analysis will help others down the line.

    Points to note are:
    1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

    2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

    3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

    4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

    Can members throw some light on this based on their prior experience and based on their knowledge.

    Thanks in advance.





    imm_pro
    08-18 01:53 PM
    The change of status from H4 to H1 is usually effective from OCT 1..so the H4 visa is no longer valid..



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