Sunday, June 12, 2011

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  • ebizash
    02-06 11:50 AM
    I was in the same boat last year when I was being promoted and was given 16% increase and a change of title. So my HR asked our immi attorney about any issues (my I-140 was already applied and pending at that time). My attorneys said that there is no issue for H1 as well as GC but they said that they have to file an amended H1-B petition for the promotion, change of title and pay hike.

    I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.

    I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.





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  • ssswapnil
    08-03 10:16 PM
    Hi,

    My Labor was filed in 2001. There was no progress for a year and a half and I left to go back to India. No I140 filed.

    I came back to US and my present employer will be reinitiating the process soon.

    Is it possible to recapture the priority date from 2001 filing?

    Thanks.
    Swapnil





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  • chanduv23
    09-12 09:57 AM
    Yes they do it. They do random google searches. Our issue is not resolved just because they are given directive not to use wikipedia, because they may use a lot of other resources on the internet.





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  • nk2006
    11-12 10:15 AM
    Hi Connecticut members,

    There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
    http://immigrationvoice.org/forum/showthread.php?t=22182

    It’s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.

    State chapter leader,
    Please try to bring attention of your state members to this IV core approved effort.

    Thank you.



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  • ilikekilo
    09-17 04:04 PM
    u pushed it a bit too mcuh,,,but its ok,....not biggy.who knows some people might have been encouraged





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  • smuggymba
    01-20 01:50 PM
    Obama's dad came from Kenya but he doesn't like others coming in. Great.



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  • zico123
    06-22 06:32 PM
    Got this from the Chennai US consulate website.
    Can you post the link. I cannot believe US consulates will take such drastic measures.





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  • a2k2
    12-21 11:52 AM
    You can read my experience in below link

    http://immigrationvoice.org/forum/forum74-medical-exams-and-related-issues/932849-i-485-interview.html

    To answer your questions, yes they interviewed me and my wife together. Attorney is not critical, our attorney did not accompany us - one reason id because he is in Atlanta whole I'm in NJ. Yes he can approve and stamp your passport right then if everything goes fine. Our PD was not current back then so he said he could not do it.

    But in our case even though he said our applications were through and should get our GC as soon as it becomes current I had to wait for 4 months to get GC after it became current and after contacting every possible office. But that was my luck :rolleyes:



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  • amit1234
    08-27 08:19 AM
    Hi,

    can any lawers give me reply?


    Thanks in advance





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  • beppenyc
    04-09 03:36 PM
    Bush and the others were sure to have a bill by the end of the year 2006, did you see any bill (beside the Bill wall) ?
    No, so don`t worry...nothing will happen.



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  • eb2_immigrant
    10-22 08:17 PM
    I think this is what is happening in your cases,

    If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.

    If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).

    Always better to paper file.

    So to confirm if what you are thinking is true or not I called USCIS,

    The guy in TSC said it is a mistake and they will clarify it. I wasn't very convinced with his response, I called back after sometime, this time since there was no response to TSC it was route to other service center

    As earlier even this time the representative in this center was not able to answer as to why it says "interview reschedules” but she did transferred me to an officer.

    After several identification questions, Officer said this is not related to finger prints and she was not sure if it is related to I-485 interview either as they put reschedule interview note on my I-131 application.

    Finally she gave me a WTC-XXXXXXXX-TSC number, asked for my cell # and asked me to call back after 10 days if I don’t hear anything from the USCIS.

    I really don’t know what is happening; I don’t have much choice either other than waiting for something “GOOD “ to happen

    Any thoughts ......??????





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  • scabal12
    06-12 06:59 PM
    Also my H1-B is valid till 2011.



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  • dan19
    08-28 03:16 PM
    Thanks!
    PD: Sept 2002

    I guess you filed EB3. I was in same situation with BS and MS in Industrial engineering. my I-140 got approved a year ago without any problem. I am waiting for visa number ROW Oct2003. What is your PD?





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  • rsayed
    05-06 12:40 PM
    I am about to start my GC processing under EB3 category. I know my chances are extremely extremely slim. I am filing for GC hoping that CIR or some other bill to clear GC backlog passes.

    My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?

    I am assuming 2 years. Am I correct ?

    I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.

    Is the situation that exists today any different than it was in year 2000 or 2001 ?

    Any comments will be greatly appreciated.

    Quite honestly, NO ONE can predict accurate wait times. Even, if some form of Bill gets through - it is anybody's guess as to how much time any of us will have to wait in order for us to be able to file our 485s'.

    Expect to wait for a long time...



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  • sayonara
    09-11 01:33 PM
    My main concern is RD of 28th August.....Does that mean that we are falling out of August 17 window and our cases will be put on hold or may be denied.......

    Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....

    Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....

    Anybody else in same situation?

    Did you guys talk to your Attorney?

    I just sent an email to my Attorney and waiting for the reply....


    I spoke to my attorney and he says there was some update from USCIS and now processing can be done at local centers (some change in july end is what he said) and according to him, its fairly common. I also googled and this was pretty common in 1999-2000 period. I also have a RD of aug 28th, worried that my counter of 180 days is increasing bcoz of this...





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  • cchaitu
    07-18 03:40 PM
    I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.

    Can I join new company on my EAD after 180 days of I485 receipt date??

    One quick question:
    What is AC21 provision: is this a clause or any other application or ????



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  • agiyer
    02-06 07:49 PM
    Thanks for the replies....Working voluntarily, does it mean that you need to work only in Non-Profit Orgs? in my case, I was wondering whether it is legal to work voluntarily when in an H4 visa for a Private Audit Firm and you audit their customers but do not take any pay of any kind from anybody till you get your H1-B in Oct?





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  • vparam
    05-31 05:03 PM
    PD - august 2002
    140 AP - august 2005

    485/EA/AP - sent it out today





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  • kirupa
    09-12 07:16 PM
    Hi bouncer,
    I just wrote a tutorial on how to call custom states programmatically or via code here: http://www.kirupa.com/blend_silverlight/custom_vsm_pg1.htm (the last two pages will be most helpful for you).

    Are you unsure how to call the states, or are you unsure how to detect the direction of mouse movement?

    Thanks,
    Kirupa





    rdehar
    07-17 08:09 PM
    Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it
    hey smartboy75, the rules can change every day and what if someone is asking a question that was posted a month before. where do you draw a line? I don't understand what's wrong with it.





    Rohan99
    10-29 01:15 AM
    Guys....

    My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.

    She has no plan to work till Jul 08, is it good to apply for SSN?

    You should apply for a SSN. If you find a job, the employer will ask you to fill-up a W4 Form. To set you up in company payroll, SSN would be a requirement.

    Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.

    Applying for a SSN and getting it and has NO impact on your immigration status.



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