Monday, June 13, 2011

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  • Saralayar
    05-21 07:59 PM
    Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
    Is it 120 business days or just week days?





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  • gcpadmavyuh
    09-17 01:00 AM
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  • hianupam
    11-16 01:56 PM
    Does anybody have any recent experience?Which office to go, what documents to take. I currently have an out of state license that is going to expire in Dec...





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  • vin13
    09-10 09:02 AM
    As the health care debate draws more hate against �illegal immigrant coverage�, the Democratic Senator charged with introducing immigration reform legislation is making more excuses instead of moving forward.

    Sen. Charles Schumer, D-N.Y., has decided to delay introducing legislation to overhaul the nation�s immigration laws in hopes of bringing more senators on board and crafting a bipartisan bill, his spokesman said Tuesday��We are pleased with the framework we have put together so far and the broad-based support it has gotten from a diverse group of those interested in this issue,� [Brian] Fallon said. �The fact that health care is taking longer than expected gives us additional time to now shop our ideas to a number of Republicans to see what they think and what changes they suggest.�



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  • haider420
    03-04 01:01 AM
    Mr Haider

    Please give the entire facts of the case before asking for advise.
    1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
    2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

    Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

    either way we need more details to help you dude

    - cheers
    kris

    i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(





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  • indyanguy
    11-07 08:58 AM
    I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
    not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
    The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.

    Thanks for the detailed reply. In my case, the company's lawyer suggested this option. I have a MS from US, have enough experience and the job profile justifies an EB2 application. Unfortunately, I got stuck with EB3.

    I will keep in mind what you suggested and will do more research before taking any action.



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  • wandmaker
    10-23 08:50 AM
    If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?


    Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.

    I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?


    COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.


    If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?


    Make sure COS application reaches them before Jan 15th.


    If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?


    Dont work beyond the date requested in your H1B extension.


    what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

    Minimum of 1K attorney fees....





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  • royus77
    05-02 11:41 AM
    I am in the same boat .I found a new job after my employer fired me ( Still in 1 month notice period) . Later he found another position and asking me to continue. He may not give me the 1 140 if i leave him



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  • chumki
    12-17 03:46 PM
    Got laid off but found a new job and working on EAD.

    Status :
    I-485 pending over 180 days
    I-140 approved and employer will not revoke I-140 and I-485
    Received EAD and AP.

    Question is now:

    1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?

    2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?

    3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?

    I am very confused.





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  • chanduv23
    09-18 12:19 AM
    yeeeeeeeeeeeeeeeeeeeeeeaaaaaaaaaaaH...Welcome to D.C. Thanks for posting all the encouraging words to get everyone to come!

    :) Will see u all tomorrow, I am sharing room with Naveen (tnite) - what time do u all get there in the morning?



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  • cbpds
    05-27 05:13 PM
    I know someone who did not pay the bill but returned to US without any questions

    disclaimer: may vary from case to case

    My parents visited here in US last year. Unfortunately my mother got high fever and admitted in hospital giving me bill of 30000$.

    Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.

    I negotiated with hospital to pay 15000 and paid off hospital bill.

    I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.

    Does this 500 dollar collection notice will effect my mothers next visit?
    If I pay now does it matter anyway?
    Is there any chance of deportation?

    Please advice...





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  • gcwaiting17
    09-11 12:15 PM
    I am in the same situation. My case reached NSC on July 2nd. But received receipt from CSC with WAC#. After that received EAD. Yesterday received mail stating that my case is transferred to NSC for jurisdiction with RD Aug. 28t and ND Sep. 6th.

    My I140 got approved few months back before I485 applied date.



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  • indianabacklog
    06-10 12:48 PM
    You have the instructions since you quote them. Send exactly what they are asking for, i.e. the form, photos, copy of front and back of previous EAD and check to pay them.

    I would suggest you send separate checks if only to be able to get the case number from the back of them when they are cashed.

    The instructions clearly say make check payable to the Department of Homeland Security. I believe if you did write them to the USCIS they will still get cashed but follow the instructions.

    You seem to have it all under control. Have confidence in yourself and get the applications sent in.





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  • h1techSlave
    12-05 10:00 AM
    Below is the comment some body gave me in the rating thingie:
    "YES LETS NOT HAVE ANY INCREASE IN H1B AND EVEN BETTER IS TO SEND U BAK TO INDIA SO WE HAVE MORE GC'S AVAILABLE, FOOL"

    I think he/she wanted to say more, but the system may not have allowed that.:)

    I think IV community will start working as a coherent team only when we get rid of the Green/Red thingie.



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  • Pandi
    03-28 02:21 PM
    Thanks to Thomachan (for highlighting why legal immigrant's children should be considered in the Dream Act) and Sanju ( for focussing on the key decision makers who can influence this). I am sure we can make atleast an attempt to get this included. :). This will help legal immigrants with children in high school and college to a large extent.





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  • summitpointe
    01-28 11:01 AM
    Congrats



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  • EB3_SEP04
    01-29 11:23 AM
    what is bc & nabc?? :(

    Birht Certificate/ Non Availability of Birth Certificate





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  • malaGCPahije
    08-11 10:45 AM
    Thank you for initiating this!

    I just followed your effort.

    What is the purpose of this poll? Why start from 2005 (and not from 2001) ?





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  • vnsriv
    10-26 03:44 PM
    My lawyer is saying you need a valid reason to apply. My wife wants to visit India when i asked he said you cannot apply AP for visiting purpose, you need a valid reason to apply and a letter or wedding invitation to apply.

    what shall I do?:confused:

    Can you type in all your details , like category,country, etc. Is your PD Current?





    rocky17105
    07-27 11:28 PM
    Hi All!

    Appreciate if you have any suggestion for my case:

    My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.

    USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.

    My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.

    I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.

    Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.

    Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.

    EB2 PD Date: Dec 2005.
    I-140 denied: 10 Dec 2009
    I-140 appealed: 05 Jan 2010
    I-140 sent to AAO: Feb 25 2010
    I-485 Denied: 31 Dec 2009
    I-485 appeal: none

    Appreciate your help and if you can point me in right direction.

    Thanks,
    Rocky





    rahul2699
    05-20 08:01 AM
    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,

    and your question is?



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