Sunday, June 12, 2011

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  • lordoftherings
    07-15 11:47 AM
    yes, but look at how many members they have. Close to half a million. How can IV with less than 1000 members be as strong? Looks like we have miles to go.....

    lotr





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  • loudobbs
    08-06 11:23 AM
    My lawyer screwed up when he filed mu I140. He filed it under EB3 instead of EB2 even though the labor was approved under EB2. He filed a new EB2 I140 PP on MAy 23 and it is still pending.

    :(



    I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......





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  • greencard_fever
    09-03 10:25 PM
    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

    Well Said..we can help USCIS (Volunteer) to process our Application on time:D:D:D:D





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  • ubetman
    08-05 10:31 AM
    Thanks Tampacoolie...I don't know how I have to persuade my lawyer/representative...guess have to deal with him carefully and politely...they think that we are the lawyers and we know everything..ofcourse may be ...sometimes esp at this point, we have to notify...if we miss this opportunity, no way to appeal also..and u never know when PDs will be current again....

    Anyhow thanks guyz for ur suggestions...



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  • manand24
    10-15 02:13 PM
    Well put logiclife....

    LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.

    I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.

    No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.

    Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.

    Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to directors of operations at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF.

    Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.

    Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.





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  • friend99
    10-09 04:17 PM
    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!



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  • piyu7444
    04-28 03:32 AM
    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?
    u can use AC21 in 2 ways.
    one -change employer with ur H1b
    two -change employer with EAD if you have one.
    EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
    If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.


    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    I dont think there is such a thing.
    -What are the docs to be collected from old employer?
    -Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
    Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)

    I m joining new company by changing H1.
    Too many questions too little input to take decission. Please provide your expertise advice.

    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?

    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    -What are the docs to be collected from old employer?
    -Can I retain same lawyer for GC while H1 is taken care by new company lawyer?

    Guys - I m running out of time and got to respond to new company soon.

    Please provide your inputs.

    -Gc04
    July 07 filer
    Chicago state Chapter

    Raising AC21 is your choice, you can raise it as you change a job (either on h1b or EAD) or else you dont tell USCIS about the change until they issue you a RFE. To add to the else part-suppose you do not raise AC21 while changing a job.....USCIS might just issue you your GC without a RFE.

    There is no legal requirement to notify USCIS via AC21 about job change. (I am assuming you are changing the job after 180 days)

    It is safe to tranfer h1b after 180 days. The only affect on 485 I see is a RFE while USCIS adjudicates your case and would want to know your current employer/job/job description.

    You should always keep a copy of LC / I 140 and 485 and you can find a new attny. while h1b is being processed by your new co.

    I had my h1b+LC+140 filed by one lawyer (co. lawyer) and then I had my own attny. to file 485/EAD/AP and it just works fine as long as you have all the documents with you from your employer.

    Hope this helps...........





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  • baburob2
    12-04 06:46 PM
    basically you have to maintain GC and then also abide by citizenship requirements. regarding the stay if you want to apply for citizenship after 5 years of getting GC you should physically be in US for 30 months (ie half of the 5 years) and no single travel outside of US should span more than 6 months (though under some circumstances you could counter travels between 6 months to 1 year).



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  • smarth
    07-10 10:41 PM
    EB3-I is still 'U'....any prediction for EB3-I in October'09 Visa bulletin?:(





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  • rajunpatil
    08-30 05:02 PM
    --------------------------------------------------------------------------------

    I am in severe trouble, my employer said he would terminate my h1b and GC.
    I have I140 Approval copy with me
    My I485 was filed on July 2nd 2007
    My priority date is June 2004

    I have not yet received any receipts for I485
    My checks are not cashed.

    My H1B is valid until Nov 2007

    I am drop dead, what should I do now.
    I am looking for
    option1: a new employer to transfer my h1B
    option2: I was doing my MS, so chnage status to F1.

    But what will happen to my GC, Priority dates , I140

    Please, tell me what is my best option to continue staying in US.



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  • gandalf_gray
    06-02 10:27 AM
    It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.

    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?





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  • belmontboy
    05-22 07:05 PM
    As mentioned by my HR attorney applied my labour application electronically on march 17th and forwarded me a case number starting with c , so i am assuming it was appl;ied at chicago center.

    Its more then two months now i did not have any update from my HR inturn from attorney.
    At the time of aplying attorney did not took any signature either from me or my HR , she said we have to sign at the later stages.

    My fear is I might get a query or it may go into incomplete staus as it was not filled properly.
    I am not sure if it should be filed in that way ....
    Let me know if i am heading in right direction ...

    Signature is not required for filing. u need to sign form 9089 if there is an audit or approval.

    Recent trends for PERM processing are around 60-90 days.



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  • sankar_203
    04-01 05:51 PM
    hey zcool be cool man..

    i did 4 years of bs and 2 years of MS in US and this is my 10th year in US..i am not desperate for GC..but living here for too long and standing in the back of the line..just trying to move ahead in the line..common man don't get pissed off..help out here..





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  • Catherine
    06-23 09:46 AM
    The link and article are a little confusing in that they say that divorce does not affect immigration status once a green card has been issued. This is not always correct. I have a green card but it has conditions, i.e. an expiration date. This is what married couples have to apply to have removed after two years (actually in a 90 day window prior to the two year anniversary of receiving the card).

    If you divorce prior to that date, you will be unable to file jointly (or at least, technically you shouldn't, though I've heard of some couples that may have done so as their relationship is still amicable) to have the conditions removed and attain unconditional residency.

    Thus, you could have a green card (with conditions) and divorce WOULD affect your immigration status. As per the article, you would need then to file a waiver to have the conditions removed and keep your green card past its expiration date.

    Hope that helps someone.



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  • nc14
    08-28 04:08 PM
    I am sure IV (which is WE) do not need sarcasm (asli_vdl_rao or what ever). Also, I think IV very much needs guys like you leoindiano and a recurring $25 contribution is not that big of a deal in the grand scheme of things. You have been a great proponent of this cause by supporting it

    What do you say leoindiano?





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  • paskal
    11-09 01:16 PM
    I assume that all information provided will be kept private

    all contact info is for internal iv use ONLY!



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  • pcs
    05-16 02:52 PM
    I wrote a strong but polite letter with a special request on the very top of the letter for his staff ...." Office staff, for GOD's sake please read this letter & DO not send a generic reply"

    I got a call back from their office in no time & she said... please let me know what you want us to do to solve your problem.

    This was in Ohio

    I will suggest you to call the Congressman instead of Senator as they are more focussed. Send a letter & even better just drive up & meet them. You will not be able to meet the Congressman but the office staff will take care of your problem

    all the best





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  • bearstory
    05-24 12:43 AM
    Thank you everyone!
    We want to get married in court ( simple) in late may, 2010 so we can fill all of the paper work but we are going to las vegas for the real ceremony in late september 2010. Do you think the USCIS will get suspicious?





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  • JP McMahon
    November 23rd, 2004, 11:01 AM
    I hope this does not happen to my precious.

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    permfiling
    12-09 10:40 PM
    My cousin has a offer from a employer in CA who is willing to do H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know .

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.





    trueguy
    04-28 12:04 PM
    No issues for me when I came back on H1B on 4/20/2009.

    I had a H1B stamped on my passport from my previous employer and I was carrying new H1B approval notice from my current employer. I got I-94 till the validity of my new H1B approval from my current employer.

    No issues whatsoever, no question asked and it was smooth sail.



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