четверг, 9 июня 2011 г.

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  • CADude
    07-23 11:22 PM
    Take alternative opnion from good Attorney and take a chance.

    Hi,
    My situation is as follows:
    1) approved RIR labor 2002
    2) approved perm labor 2005
    3) approved i-140 2006 (PD 2005)
    4) ALL of above for company-A. 2006 company-B took over.

    My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.

    I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.

    SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(

    Regards,
    -Ravi





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  • coolmanasip
    05-29 01:30 PM
    Did you guys get a soft LUD before the RFE? How many days lag if any?

    Also, is there anyone that got a soft LUD and did not get an RFE at all? or is everybody getting an RFE?





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  • unitednations
    02-22 02:12 PM
    To all Experts/Gurus, please advice on this issue.

    I hold a H-1B status as well as I-485 Adjustment of Status Pending.
    I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

    I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

    1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
    2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
    3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
    4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
    5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
    6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
    7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
    8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
    9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

    These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

    Thanks.

    You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.

    If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.

    You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).

    There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.

    Long story short; was that it went to court and the candidate won...

    If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road





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  • JunRN
    06-09 09:33 AM
    You never know where to put all these important documents safely. The best thing to do it maintain a copy on a separate location so that when it got stolen, you have copies to remember its details, etc.

    It is very important to file a complaint to the police so that the lost is recorded.



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  • pdakwala
    09-28 04:36 PM
    After looking to so many threads on our forum regarding the receipt notice delay. IV have raised the same questions to USCIS. Today USCIS have come with the answers to your questions. We are told that USCIS has put additional resources to address the receipt notice delays.

    Please visit

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D





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  • MYGCBY2010
    07-27 02:37 PM
    >>>>><<<<<<



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  • vandanaverdia
    09-09 03:26 PM
    With inspiration from the TX chapter thread "Simple Math"

    Dear WA IV Members:

    We have approx. 3 people representing WA attending the DC Rally. I am sure many of you fall in either of this categories:

    a. Family reasons
    b. Economic reasons
    c. Work reasons
    d. Ignorance - I don't care.

    I honestly would love for those who fall under category D to look back and do some simple math:

    I am sure most of you earn between $25 to $35 /hour, aka. An average of $30/hour (pre-tax). There are 176 paid work hours a month. Which puts you in the range ~ $60,000/yr (pre-tax).

    Those of you waiting for a GC, have some sort of an agreement with your employer (verbal/written). Let's assume that your employer with some calculation makes adjustments to your pay, reasoning that they need to bear the expenses for lawyer fees, application fees etc.

    That's approximately $2500 for a 3 yr H1B work visa. The employer obviously marks up this cost as a result your pay decreases to $55,000.

    Lets ballpark ~$10,000 towards the following:

    a. Attorney fees
    b. Job Advertisement
    c. PERM
    d. 140
    e. 485
    f. Number of Hours spent by you to the make the above steps happen.

    THE ABOVE ARE VERY CONSERVATIVE ESTIMATES.

    Imagine what a GC would do to your paycheck! Your $55,000, with just a GC, would put you on par with everyone else for jobs in your field of expertise. Your pay scale has the potential to jump to $80,000/year (Conservative estimates).

    Thats an increase of 45%.

    The total cost you have so far spent in staying legal in order to work in a highly skilled job while waiting for your GC is:

    $5,000 (6 yr H1B)+ $10,000 (I-485 pending) = $15,000

    The total cost of your trip to Washington DC would be in the range of $400 (Including lodging expenses). This represents 3% of the total cost you have spent waiting for your GC.

    Assuming that by attending the DC rally, the lawmakers take notice and a special legislation is passed to expedite GC applications and provide sweeping temporary status to those waiting for 485 adjustment of status which would give you the same privileges as a GC would give,

    YOUR INVESTMENT OF 3% JUST GOT YOU A 45% INCREASE IN YOUR ANNUAL SALARY.

    If that is not a reason for you to stand up now and help yourself to that return on your investment, either you are a bad investor, or related to the likes of Gates, Bezos and Buffet families.

    YOUR ARE NOT WASTING YOUR TIME IN ATTENDING THIS RALLY. YOU ARE HELPING YOURSELF TO A BETTER LIFE. I CAN'T MAKE DECISIONS FOR YOU. I CAN ONLY HELP YOU UNDERSTAND THE POTENTIAL. YOU HAVE TO MAKE YOUR OWN DECISIONS FOR YOUR OWN LIFE.

    The cost of attending this rally say 300-400 whatever but the Rally has the potential of eradicating the disease of Retrogression - IF WE ALL CAN SHOW STRENGTH IN NUMBERS. EAD+AP cost for 1 year is $644... For 6 yrs of wait you will be spending 3500-3600 or even more if the rates change in a retrogressed world PLUS other disadvantages/hassles that we already know.

    Remember IV is just a platform with some LOGICAL and PRACTICAL agenda before Congress - if we do not stand up and show our heads NO ONE IS GOING TO LISTEN TO AGENDAS.

    Come on folks - its our chance to save some hardearned money over the next few years by investing in the rally.

    Lets all stand up at DC and show them numbers.

    Please consider helping people who want to come but the expenses are prohibitive due to some pressing situation.

    Enroll your name in one of the databases:
    http://groups.yahoo.com/group/WA_Immigration_Voice/





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  • smuggymba
    03-30 08:30 PM
    Finally my PERM was filed today. I'm just praying everything gets approved smoothly.:D

    The attorney said they are processing cases as of aug 2009. Fingers crossed.



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  • jk333
    07-17 06:37 PM
    I pledge to contribute $200 once I get the receipt notice

    Why not now..instead of later?





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  • tnite
    06-27 11:22 AM
    Is this information true?

    My 140 is pending and I don't have the A#. Can I use that from my OPT card?


    yes. use the A# found on your OPT EAD



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  • goel_ar
    12-18 06:05 PM
    Hi All,

    SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".

    I can't start working until I get SSN as it is small company. I am their first H1 employee.

    The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.

    Any suggestions , asap, will be greatly apprciated.

    I am not sure who am I suppose to contact. Please help...

    I am really afraid & depressed.

    Thanks,
    LG





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  • tnite
    06-18 12:10 PM
    thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status

    But the problem is that you have to send in a copy of your H1B visa for I485.
    The visa will mention the fact that it was issued in May 2007

    USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
    That means that you were at a US port of entry recently.

    I think putting your canadian date is the best option.(My opinion)
    You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007



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  • OLDMONK
    06-15 02:52 PM
    Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.

    Is this the number which is on my approved I-140 (A099 XXX XXX) ?





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  • smads
    03-05 06:18 PM
    Please help me out with my question.

    My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.

    I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp

    "H-1B
    May-22-2007
    (validity of ppt)"

    i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
    1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
    2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
    3) do i need to file for an extention?
    4)do i need some sort of petition?

    much appreciated
    thanks,
    smads



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  • nanibabu
    10-06 10:49 PM
    Nevermind. Online status of my case just changed to Card production ordered. Finally.





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  • valatharv
    07-16 10:54 AM
    Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.
    Thanks for replying...

    I have already renewed my passport in April 2010 and corrected father name ...

    I am worried for USCIS old forms before RFE for 485, my father name shows as <lastName> then <FirstName>.



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  • kumar1
    07-31 01:59 PM
    Both same employer

    What will happen if everything is same but employers are different? Please shed some light.





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  • GC_newbee
    10-29 09:06 PM
    I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

    Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?





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  • pragir
    06-09 12:14 PM
    I just spoke to an Immigration Officer about the status of my pending I-485 application using InfoPass, and all she said was "it is waiting for a visa number". She seemed to be very ignorant of general USCIS regs and laws, but she called somebody and this is the answer she came up with.

    My category is EB2-India with PD of Feb 2004 which is current for June. So, my question to all the gurus here is: WTF does this mean "waiting for a visa number"? i told her that my PD is current, so there is no need for waiting, but then she told me that my application was received on July 2nd 2007 and I need to wait. I tried explaining that 485 receipt date has no relation to PD, but it was a lost cause.

    Any comments from the wise on this board?





    Gravitation
    03-06 02:19 PM
    I say EB3 India will move to Jan 1st 2002.





    ivorycard
    10-18 01:25 AM
    Do you mean the first two digits of these two job codes:
    13-2011.02 and 13-2011.01

    So as per this law form, since they both start with a 13 we are good?

    -R
    Yes. That’s correct. You may switch job titles to any category starting from main category 13.

    For peace of mind; my best advice to you is to reconfirm with an immigration Attorney. (You may try to post this question on any free chat sessions offered by leading immigration law firm/s).

    Good Luck.



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