Thursday, June 9, 2011

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  • Canadian_Dream
    07-24 04:58 PM
    I was in the same situation. My application sent on June 8, received June 11 was entered in the system in July second week while my spouse's application was entered in the system today. There seems to be some delay in processing June second week applications, this is just from my observations from various posts and following . Rest assured you will receive the receipt. I was panicked regarding my application whether it is returned or lost or denied.
    When I looked at the I-485 adjudicators manual (available at USCIS website) I found out that all applications are entered in the system even if it is routed be returned back to the applicant for whatever reason. It is simply not possible to not to have an application in the system. So I guess it is matter of time before you will get the receipt. Check with USCIS customer service reps, they are very friendly. If you don't hear anything in another day or two open a service request. This was advised to me by USCIS customer service rep. It usually take 30 days to receive a response but at least you will be assured that someone is looking at it. NSC has issued a notice saying all the applications will be receipted by Aug 01, so wait till then and if you don't hear from them refile the whole thing again as a last resort.

    Hope this helps. Good Luck !!!


    Hi ,

    Our attorney mailed our applications to NSC on 7thJune and thru USPS tracking number, we know it has reached NSC on11th June early morning. Have called NSC 5 times in last 3weeks, but every time, I am told our data is not in the system.... Our attorney is asking us to hold on for some more time, till he hears from his bank if the checks have been encashed??? But till now, no news...

    Kindly let us know, if anybody who have filed at same time and have not yet received any update???

    Thanks in advance!!!!





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  • cabal
    08-30 12:16 PM
    I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.

    It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485





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  • whitecollarslave
    08-12 02:27 PM
    My I-485 got approved on Aug 7th 2008 from NSC. As far as i know my name check was pending during approval time.

    How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?





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  • gimme_GC2006
    08-28 04:05 PM
    That is your frustration talking. :D :D :D

    Hope you are feeling *better* after venting out your frustration.

    I think he is just talking to himself out of frustration..LOL :D:D



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  • rameshk
    12-09 10:49 AM
    Hi
    Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
    Thanks,





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  • Dhundhun
    07-14 12:46 AM
    It is the law that you file AR-11 within (I think) 10 days after moving to a new address. If you do not do say, technically they can deport you. So send the AR-11 form with proof of sending. You can also submit AR-11 form online.

    You should also change the address on the USCIS site. This operation is different from AR-11 submission.

    You brought very good point. More details seems to be here: http://www.jackson-hertogs.com/JH/faq/8054.pdf



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  • sagar_nyc
    08-15 11:28 AM
    Ramesh,
    Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.

    My advice to you is consult with good attorney.


    Here is my situation:

    My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.

    Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.

    Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).

    Questions:
    1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
    2. Can i join with company 'C' by invoking AC21?

    Please share your thoughts and experiences.





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  • cr125rider
    04-16 01:59 AM
    LOL, XBOX Stamp, that was mine, LOL! Its okay, you actually helped with one of mine :D



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  • uslegals
    01-29 11:05 AM
    Congrats.
    After Greencard, you can actually do a lot more to help this community. We are looking for such GC holder people within IV that are interested in political advocacy. If you would like to get active contact IV.


    Thanks for all the good wishes.! Pappu - Kindly PM me details about how i can get more involved in IV's mission.





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  • GCNirvana007
    04-07 03:40 PM
    Hi,
    My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
    I have new H1 extension for 3 years.

    --If I go for visa stamping will it be a problem as I am workig for TARP received bank.
    --If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.

    There is no rule in paper yet not to allow H1B workers in TARP to enter USA. Having said that, you belong into the category of every other legal H1B immigrant.



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  • bklog_sufferer
    10-18 03:09 AM
    Hello,

    I have following situation and need some help on making my travel decision:

    1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.

    2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.

    3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.

    4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.

    5. My pay stubs are still issued with name of Campany A.

    6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us onsulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?


    7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?

    8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?

    9. What are the risks in this travel ?


    gcman2005,

    1) If you do not pocess the approved A/P document before you leave US, you have no option but to get H4 stamping done at a US consulate outside US

    2) H1/H4 stamping shouldn't take more than 7 days at any US consulate in India, although they say 7 days it is usually much faster i,e 2-3 days.

    3) H1/H4 stamping for reentering US residents usually they would issue very easily, i,e there should not be any risks.

    Good luck





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  • ssksubash
    11-13 03:37 PM
    Thank you all for your valuable input. I have a follow up question :

    Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.

    Here is the situation :

    My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.

    Thank you for your time.



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  • ajaykk
    01-06 09:56 PM
    Hi,

    I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
    Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
    Also, In case if she stays for long, can I apply for a new AP for her when she is in India?

    Thanks in Advance.
    AJ





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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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  • baburob2
    06-04 02:18 PM
    There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.

    Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.

    There will be no issue. As a precaution, carry all original old approval notices also.

    They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.

    Good luck.

    hi, based on my wife's experience(for H4 based on my H1B) they didn't give the I-94 valid till the full 3 years. They rather gave only for 2 years. Hence saying so.





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  • InTheMoment
    09-23 12:53 PM
    Yes... but it also means that your app is out of the storage area into the staging queue, which means an advancement !

    USCIS needs to provide a legend/work-flow chart of what they put in their SR's and where that stands in the overall flow.

    I got an SR response back saying that my application is "waiting to be assigned to an officer"...whatever that means...isnt every application so? I think SRs are just as useless as any other 'customer service' provided by USCIS...



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  • sathishkrish
    07-23 08:54 PM
    I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
    1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
    2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
    3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
    4. What are the possible outcomes for my I-485 under this job change situation?
    5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
    6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...

    If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.

    I dont know what else to say as far your situation is concerned - Good Luck!





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  • webm
    12-17 02:35 PM
    2001 - dot com bubble burst;
    2008 - finance bubble burst;
    .

    Well said..:D





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  • inskrish
    09-05 11:18 AM
    Hi,

    USCIS online status is not reliable. So, getting an Infopass appointment would help you get the actual case status. Best of luck!





    ysnraju
    05-15 10:28 PM
    In person. They are very cool. Simple questions like when you last used or remeber etc..





    gc28262
    05-04 10:21 AM
    Hi,
    My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
    I want to know for how long I can work from India on H1 being on US payrole? The

    I assume you haven't filed your I 1485 yet.

    Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)

    When you are in India, you can apply for an H1B and get a visa stamping while coming back.



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