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Monday, June 20, 2011

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  • rbachu21
    02-03 12:04 AM
    Is your FOIA request completed? Did you get your I-140 Approval Notice? If yes, how long did it take?





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  • ishreeram
    07-20 06:40 PM
    My PD is June 04 and the online status for my LC shows CERTIFIED since last week. Attorneys say they need DOL to send them the approved LC ... some document, which would be needed to file I-140 and I-485. Any idea how much time it takes for DOL to send the above said document back to the applicant or representative?





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  • bigboy007
    04-09 03:07 PM
    I think too that you in ok shape , I dont see a reason why ppl are against Labor certs not that i have one its legal at time. as Karthik mentioned good to keep all paychecks.

    I think you are in good shape to use AC21. Just make sure that you have the paystubs for the first 180 days after filing the I485 application in your present company if in case you get a RFE. That is one of the easy proof that you worked in company A for 180 days after fileing I-485.





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  • needhelp!
    08-31 12:38 AM
    Just like there can be no rally without IV members,
    There can be no (hypothetical) country without IV members



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  • swamy
    06-08 11:13 PM
    this should be pushed simultaneously with delinking 485 filing based on vb so theres some justice to the way gc's are dispensed;





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  • dealsnet
    02-20 08:21 AM
    If you filed I-485 for your son, no need to file H-4. HE can use AP to go abroad. He is in AOS status. Not out of status. You can keep H1, if you want. Not the case for dependants.

    Once file I-485, you are fine.

    I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.

    One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.

    Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.

    Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.



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  • Bpositive
    01-03 01:23 PM
    I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..





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  • richi121175
    05-23 01:00 AM
    Is there any provision in the current bill to allow concurrent filing and have EAD even if the PD is not current? That can stop us from being exploited by some bad employers out there.



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  • shana04
    07-21 09:05 AM
    Friends / Gurus,

    Please advice or suggest.

    Here is my situation, filed I 485 in July 2007 and No FP done.

    Called USCIS in Mar 2008 and opened a SR and got SR for my self in hard copy and an email for my wife that some one contacted about your case for FP and a notice will be mailed to with specific time and date.

    And I waited this long and no notice has arrived for me and dates are current in Aug 2008.

    Today (July 21 2008) I called USCIS and used the following menus.
    2-6-1-(Enter Receipt Number)-1-1-3-1

    And a representative has greeted very well and asked bunch of questions and asked to answer yes or no (no details just yes or no)

    Then she said as the Background Clearance has not been done for my case, they would not send the FP. And to open a SR I have to wait at least 441 days from Receipt date of I485 to open SR.

    When I asked about my wife's case, she replied the same in no FP has done then probably she has not got her background clearance yet. so need to wait for 441 days for her case too.

    Then I said my dates are current and if no FP done then I would loose my chance and she replied that until background clearance is done no FP will be sent and they would not touch the case until then.

    Friends / Gurus, any advice or please let me know how to follow up on this. I do not want to loose this opportunity.

    Thanks in advance.
    Shana





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  • hopelessGC
    04-20 10:34 AM
    Hi Guys,

    I got the good news to share every one. got the approval . its wonderful

    This one is playing a joke...but if it is indeed true then it is a MIRACLE :confused:



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  • hopefulgc
    07-29 03:18 PM
    Serious reply:
    No, its not possible under the current laws. Thinki of other avenues


    Funny reply:
    Way to use your reproductive system to get ahead in line bro? If your father had had this idea, you wouldn't be here on these forums, but surfing on laguna beach with a cold martini and semi white chick.
    another way of saying.. "stand in line & wait your turn"





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  • sanjay
    01-12 11:00 AM
    Suvendra, sent you a private message. Kindly check.



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  • binadh
    10-07 10:19 AM
    Mine was filed by Fragomen in June and responded to audit in November as well. If your case was filed by Fragomen you have no option but the wait. Sorry to disappoint you, but I am in exactly the same situation.

    Mine was not filed by Fragomen, and it is still pending for more than 15 months. So, I don't think there is anything we can do about it. To rub it in a little more - I am on EB2-ROW. So, Labor is holding everything......

    :mad:





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  • guygeek007
    07-26 09:41 AM
    Lapisguy,
    You can file for 485 concurrently while your 140 application is pending. Your attorney should be advising you accordingly.



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  • fromnaija
    12-02 08:14 PM
    >>>You cannot transfer to H4, since the 6 year limit is for the "H" category<<<<

    I thought this rule changed couple of years back. H4 time is not considered towards H1B anymore and generally the spouses who were on h4 became eligible for full 6 years of H1B. Isn't this right? Sorry for testing your patience with too many questions. Generally I am a cool head but I guess I have been way overcool on this issue.

    H4 and H1 times have been decoupled. I believe you could change to H4 even after six years on H1. Check with your lawyer.

    So, if you do not want to change to F1, your strategy could be a combination of the following:
    start your GC process now, change to H4 if your H1 expires before your I-140 is approved, apply for premium processing of I-140, apply for three year H1 extension after your 140 is approved.





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  • FinalGC
    02-03 05:16 PM
    The AC21 requires you to have the new employer sign the AC21. What if the employer refuses to sign..??


    Also does anyone have the exact wording they sent to USCIS with the AC21 letter



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  • foobar2001
    03-10 11:07 AM
    My 485 got approved 3 months back. Once the status showd "Card Production Ordered". Then changed to "Post Decission Activity". I received the Welcome lettter that i have been grnated permanent resident statusI called USCIS some 45 days back. They mentioned the card has been mailed and file another I-90 mentioning my card is lost. I told them i have not received it at all and asked why i need to spend money and file I-90 again when i did not receive it at all. They said file I-90, thats all. I took infopass appointment. The IO at infopass gave same answer. We mailed the card, its lost, we did not receive it back, file I-90.
    I asked if my EAD is valid until i get the green card. The officer asked if he can see my EAD. I had both me and my wife's EADs in a cover and gave both to him. Once he took it, he said he cannot give it back. I asked what should i do now and how should i show my status/ work authorization. He said your only option is to file I-90. Come back after filing I-90 and submitting fingerprints, then we will stamp on your passport. I have been cornered.

    I have never missed a single mail. When i mentioned same in the post office, they said its absurd when i receive all mails except the card and that something is wrong with the sender. USCIS is making some blunder in sending the cards and forcing people to spend money and go through the hassle of applying for a new one. They dont check any further information other than bluntly saying "We mailed it, we have not received it back". Such important documents should have a tracking number so that we know that they have actually mailed. There is no way to know if they really mailed it.

    Seen this? Seems like USCIS is starting to track delivery confirmation for important docs via USPS (not sure since when though):
    MurthyDotCom : Secure Mail Initiative for Green Cards and EADs (http://murthy.com/news/n_secmal.html)





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  • ramakrishna_ram
    06-14 01:48 PM
    Hi Friends,
    This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.

    Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.

    My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
    We know she is genuine and did not do anything but my question is any problem in green card process?.

    How to prove my sister is not commited such kind of activity. Please try to help me on this

    Thanks
    Ramkrishna





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  • srikanthmavurapu
    08-17 02:16 PM
    As your current employer is not the direct client of your former emplyer, they may not have a good case to sue you. They will threaten you to get something out of the situation. So, don't hurry and consult an attorney or get more information from some educated source on this type of matters. By the way, don't tell him what you will do. Just find out what he is trying to do and act accordingly. If you tell him that you will complain to DOL, he will be prepared to face it. Good luck.

    Ya they wanted to get some money out of me by threatening me ......
    I have an appointment with Attorney after i talk to him i will decide what to do ....
    Thanks!





    kabeer_g
    01-12 01:54 PM
    best suggestion is go to india, you can easily get flights if you return within a week... go get it done and be back...

    One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...

    Everyone thank you so much for your inputs. Since I am planning to go to India in April, I will wait until then. However if new delhi consulate tells me that waiting till April means I need to start the whole process again (deposit fee, take another appointment, go through interview etc), then I might take a trip right away.

    gcdreamer05 - During my Visa interview on Dec 19th immigration officer returned me passport on his own. He told me to come to windows 5 at new delhi consulate and deposit medical report along with passport. When I went to deposit the report and passport the person at window told me that I only need to deposit the report. He told me once immigration office looks at the report and finds it to be satisfactory, I will get a call asking me to deposit the passport. After this consulate was closed for 4 days due to holidays and then it was time for me to come back. I entered US on advance parole and was worried that there might be a problem since my H1B application was under processing in India. However I did not have a problem





    rongha_2000
    10-02 11:42 AM
    Gotcha..!! Thanks..

    No I dont plan to invoke AC21 anytime soon.

    Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.

    The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.

    (Though I got GC now, my H1 is valid till end of 2010 :) )



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