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  • v2neha
    04-07 05:50 PM
    When we applied for B2 extension for my parents-in-laws (for their second visit - not the first one), we did not have a decision until few days before expiry of their original I-94. I called the USCIS (it was INS or CIS at that time) and the customer rep told me that while a visa extension application is pending, their stay is authorized by the attorney general and their presence in the USA is not unlawful. If the application was denied, they would need to leave USA immediately to avoid accruing unlawful presence. The extension got approved eventually and they left the country before expiry of new I-94. Since then, they visited us three more times and we extended their stay one more time.

    However, please note that we had a very compelling reason, my son, their grandson was in critical condition undergoing a complex surgery both times their extensions were requested.





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  • manfrmind
    11-03 05:42 PM
    Do you guys think this 2008 election will have any impact on the immigration process?





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  • gc28262
    12-19 12:03 PM
    Not before you give yours back. you are a temp anyways. you don't even have to surrender your gc.

    Practice what you preach.
    BTW myself and majority of members on this forum hasn't replaced any American worker.





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  • miguy
    06-25 10:22 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify



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  • kaisersose
    07-30 09:15 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.

    1. AC21 is invoked when you change employers 180 days after filing for I-485. Since you are not changing employers, AC21 is irrelevant.

    2. 15k is acceptable for AC21, but like I said earlier, this is irrelevant in your case. The real problem in your case is, does your Labor match your new job profile? If yes, you are good to apply 485. Else, you cannot apply 485 at this time.

    3. No one knows. We can speculate till the sun goes nova, but we will not have any useful answer to that question.

    Your big question at this time is, if you can roll out your 485 or not. If not, then port your 2006 PD and wait for your dates to become current again. Out of job for 2 weeks is not too bad, but it is not good either. Consult an attorney to know your options. USCIS has the discretion to forgive minor lapses in the event of abrupt lay-offs as they understand you cannot just pack your bags and leave overnight.





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  • GCwaitforever
    03-07 04:28 PM
    I saw something like April 30th of this year. Please post your comments opposing this fee increase.



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  • jthomas
    05-06 03:44 PM
    This conference is for lawyers and employers and organized by lawyers. The organizers are charging fees for it too.

    So what will IV gain by meeting lawyers and paying money to just get in?
    Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?

    And if you want to go then go. Why do you want IV to pay your $350?

    Doing something is always better than doing nothing. If IV members would go for the meeting there are chances that they would meet some people and talk to them. In the next meeting these people would go to the stage and talk about IV. If one does not do anything there is a high chance that one would do anything in future.
    Please motivate IV members to do something. It does not matter whether it would bear results or not. After few errors they would be doing better and right things. Lets walk the talk and not talk talk talk.





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  • mhtanim
    12-12 08:48 PM
    I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.

    When my I-140 was filed, I was given the option to either provide 1. Audited Financial Statements or; 2) Company Tax Return.

    As my employer didn't have audited financial statements, my company submitted the most recent company tax return with the I-140.



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  • arnet
    08-23 06:41 PM
    have always EAD/AP as your backup even if you have H1 visa (especially when you didnt have stamping or visa expires soon or if you have job uncertainity), it is safe as others suggested.....incase if you need EAD/AP for any emergency, you cant get these easily, it takes atleast 1-3 months for approval based on your processing center, so better apply atleast now...if you are working in EAD then it is better to apply for renewal before 4 months of expiry of current EAD/AP.





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  • tuhin
    07-16 01:36 PM
    Thanks deecha.. I will keep the gang in loop... The future role will be of a chief architect. So I believe it is aligned with my current labor application. But can I even move using an EAD (hence dropping my H1) and then file my EB2 in the new company? The reason I am confused is, we used an H1 b visa to file the labor, not sure if a labor can be filed using an EAD.



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  • nat23
    11-17 01:43 PM
    I'm aware of the fact the SKIL Bill has been introduced both in the House and the Senate but it has been coupled with the CIR in the Senate.

    If the CIR dies or is pushed out till 2009, what are the chances of SKIL bill being taken up for discussion?

    If you look at the priority dates , they are moving along quite smoothly for rest of the world except India.

    This scenario concerns me.

    When people say the immigration system is broken they mean illegal immigrants. Only a few who understand and know the immigration system closely know that its broken with respect to legal immigrants also.





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  • tikka
    06-03 01:14 PM
    http://immigrationvoice.org/forum/showthread.php?t=4618&page=23

    Thank you



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  • mysticblue
    08-17 02:49 AM
    You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.

    Thank you so much. Your advice is highly appreciated.





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  • wei
    04-18 01:18 PM
    Your lawyer should check with DOL after 90 days(from submission). I requested my lawyer did such thing and got response from DOL for RFE. One month later, I got approval notice.



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  • GCOP
    04-21 11:10 AM
    It took 5 weeks to get it renewed because our old passports were issued in India. So they might be sending letter for confirmation to the passport office in India (Where it was originally issued) and once they receive it, they issue the new passports. For old passports issued by the Embassy in USA, it is faster.
    Regarding contacting them, keep dialling (202) 939-9888, you might be able to talk with them, in one of the attempt. I was able to talk with them, the same way.

    How long did it take for you to renew the passport. My appointment date is on Apr 03 and they received my documents on March 31st. I did not get the passport yet. Do you have a number to call them. I called all the numbers listed on the website and no one answers.





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  • akhilmahajan
    04-11 03:31 PM
    it seems like the IV tracker doesn't update immidiately... i've made a change to my PD as i had put a slightly wrong date... but the update hasn't kicked in as yet.

    thanks for pointing out.
    Will make a note of this too.



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  • _shoonya
    11-14 10:44 PM
    Deleted





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  • miteshm
    07-21 04:03 PM
    I am curious - Did you get a receipt notice for your wife? I have E-filed for AP for my family. I have got the paper receipt for me but not for my family. I am wondering if there is a pattern here.

    Thanks,
    Mitesh
    Hi,

    I have absolutely the same story happened to my wife.
    I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
    Called USCIS on October, November and December 2007. No results.
    Took Infopass on January 2008. We were told that we have to apply for a new one.

    On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!

    On June 2008 we received new AP with Start Date September 2008.
    My wife need to travel on August 2008.

    I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.

    I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.

    Any suggestions?

    Misha

    I485 EB3 filed on July 2, 2007
    PD: December 2005





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  • pointlesswait
    03-28 11:51 AM
    how on earth do u expect ppl to knwo how USCIS functions..:eek:
    wait and watch!


    hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!

    pd's
    January 15, 2008: from April 07.. it became July 19
    February 15, 2008: from July 19... it became July 30
    March 15, 2008: from July 30... it became JUNE 08, 2007???????????

    Do you think it was just a typographical error that it must be August 08, 2007 instead of June???

    this is the link to nebraska service center
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    I NEED YOUR COMMENT REPLIES.





    sanjeev.mehra@gmail.com
    08-15 08:25 AM
    Hi,

    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?
    I would appreciate your comments.

    Regards,
    Sanjeev.





    ramus
    08-15 12:41 PM
    Thanks for your contribution and willing to take part in DC rally.


    Sure...Just contributed $100, will do more in coming months.



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