Monday, June 27, 2011

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  • Munshi75
    04-07 11:00 AM
    I am almost sure that if your work place (physical presence ) happens to be at a Not-for -profit organization, you case would be a cap-exempt one. However, last year USCIS and lawyers association had a lengthy debate about the legal -wordings, over this issue and i have no idea what happened afterwards




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  • agc2005
    11-05 05:22 PM
    I got EADs for me and my wife, but photos got swaped.

    Pineapple,ncgc2005, saro28:

    I sopke to customer service rep and she told me to send applications with EAD cards ,photos,a note explaining the problem and no need to send the fees.

    Did you guys filed to get corrected the EADs, and did you send new application with EAD and with the Fee or without fees.




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  • sk2006
    04-22 07:57 PM
    Rasmussen Reports indicates in their latest poll that only 5% of Americans list immigration reform as a top priority, a number that is consistent with historical numbers but is much reduced from the last few years when anti-immigration activists whipped up a wave of nativism not seen in many years in the US. One of the reasons immigration measures big and small have not succeeded in recent years is because the entire issue of immigration has been perceived as radioactive and no one wanted to take on the crazies. As it becomes clear that dealing with immigration issues isn't something...

    More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)

    Can we forward this to LIE DOBBS? :D




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  • sury
    11-15 04:17 PM
    can anyone reply on this..!!



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  • gcnirvana
    04-27 06:39 PM
    In my opinion, looks like another placeholder bill just before CIR.




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  • 2BeeNot2Bee
    10-13 10:08 PM
    How about spiderman style? Undies outside

    you mean Superman or Spiderman?:D



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  • sparky_jones
    12-10 01:28 PM
    I recall receiving only 2 copies of AP from TSC. Is that normal?




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  • xbohdpukc
    03-26 07:30 PM
    Well... thanks for your reply but maybe you are one of the lucky ones who never been scr... up by the lawyers in the past. Well.. I have and others as well. Just becuase the lawyer says "it can be done" (read: pay now and we will see what USCIS will say later) I am not necessarily going to believe in that ...

    CIRcus is in the early stages of the show so hopefully it will pick up the steam soon I will not need to go through the EB2/EB3 pains ....

    It was done well in my case. Takes a lawyer who knows what s/he is doing though. Gluck.



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  • GCwaitforever
    04-15 01:05 PM
    You are not loosing anything. Continue on H-1B with current salary as long as it satisfies LCA made for H-1B petition.

    You do not have to say anything to DOL. Your LC might be approved after the audit process. Then comes I-140, where the ability to pay comes into question. This could be difficult to get approved based on the situation you described.

    If you have more time on H-1B, try to switch to different employer and restart the Greencard process.




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  • HOPE_GC_SOON
    01-31 02:24 PM
    Gurus:

    My friend got into this situation.

    He had EB2 Labor approved with PD 08/2005 and I140 approved.. He is in final six months of his H1.

    Now, interestingly his EB3 labor from Previous employer was just approved. However, he is no more working with them. But could convince them to file I140 for the apprvoed EB3 (which is PD 09/2003). and would like to Port the PD to his current EB2 with his present employer.

    Did any oone of you experienced this and if so, can you please share your experience..

    What are the Dos and Donts for this case.. Appreciate your replies.

    Thanks,
    :)



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  • iv_only_hope
    02-17 11:00 PM
    What abt the other categories which seem to be current 4th 5th religious workers etc. Where will their visas go if they stay current?




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  • glus
    10-09 01:07 PM
    I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

    1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

    2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

    3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


    I shall be thankful to you to get my answer.



    Thanks & regards,
    SU1979

    This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.

    As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.

    Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.

    Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.



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  • superdude
    07-17 11:26 PM
    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
    I think you are good.She needs to mention that she left to India after filing for 485 at the POE after returning.Talk to your attorney once.




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  • indyanguy
    03-18 07:37 PM
    What is the reasonable time to wait for the approval of I-140 (EB3, NSC) before contacting the senator's office?

    Mine has been pending for 8 months now.



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  • logiclife
    02-16 01:02 PM
    There is a 7% limit per country. This 7% is applicable when all countries have large number of applicants. I case of several countries not filling their own 7% limit, those numbers have gone to India and China whose demand far outstrips 7% of 140,000 EB visas.

    In 2004 and 2005, India and China already got way more than 7% since there wasnt much demand from other countries.

    I think India got 42,000 EB visas out of 140,000, the visas that overflowed from those countries whose demand was negligible. Do you want this to be in IV goals still and draw attention to yourself especially since India got almost 30% of EB visas? Coz if you do so, someone will say : What are you talking about...what 7%? Indian employees consumed 30% of EB visa numbers in previous years.

    Per country quota limit, if eliminated will not have any benefit but will draw attention to India and China already claiming way more than 7% of 140,000 visas. Its a counterproductive strategy.

    The quota itself is a problem. The per country limit within the quota is NOT a problem.

    --logiclife.




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  • h1-b forever
    10-28 09:53 AM
    My friend's dependent spouse got CPO approval on 9/10 and the card itself in earlier this month. However, the primary applicant has received no approval notice. Anyone with similar case?



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  • permfiling
    01-18 01:35 PM
    Thanks for the correction to 4k. As the terms says "applicable under law". I think the agreement is in place to scare the person from leaving early. As she is in CA, i don't think CA laws honor these agreements




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  • vnsriv
    08-14 04:17 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.

    I am assuming the check was given by you. Check the returned check if it has correct dates, amount and duly signed. Also, check if you had sufficient amount in your bank a/c at that time. There's no need to give separate checks for each. The total is correct. Your lawyer did correct step. Did you get any update from USCIS on the new package(call them). All the best. Your wife's case will be 100% accepted.




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  • pgc10
    02-03 07:18 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

    There is no standard legal forms to file for AC21. So, I don't think employer needs to sign anything unless you were talking about the offer letter (which would obviously be signed by both employer and employee).




    kprgroup
    08-03 12:57 PM
    Yes forwarded the copy to the lawyer this morning.I have an appointment with lawyer Friday morning regarding this..So for lawyer office didn't received anything from uscis.

    Here is my backround
    1)Worked for Company A from 2003 to 2008.
    2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
    3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 21st 2010).
    4)Employer A revoked 140 which triggered 485 denials in October 2008.
    5)Applied MTR and it was approved in NOVEMBER 2008 and 485 re-opened.

    This is the only major concern I have.Though I have approved MTR and 485 re-opened, but my online status of 485 still showing denied.

    My AP approved last month.......my wife EAD,AP approved last month.I am the primary..strange

    I know I have moderate control over this situation.Just having good faith & hope.This whole thing H1-B,DL,GC,EAD,AP & visa stamping ..etc what a pain for some people.Very sad.For uscis error(485 denial wrongly) I am not only lost money( closee to 5k) also lost "n" no of days of sleep back in 2008 and now :mad:

    Thanks
    KPR




    Imigrait
    09-07 02:15 PM
    ok........ After thinking about it for a while, I think I have the answer now.

    What zephyrr is saying is that you should be able to show that your promotion is a new job in itself and it is significantly different from the job you were doing prior to your filing for Green Card, although it might be in the same company.



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