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  • vin13
    12-11 04:36 PM
    Since the AP application is over 90 days pending, you may be eligible to discusss with the customer service. If you do not get good answer, you may be able to schedule an infopass.

    We found out at the Infopass that my wife's AP application had been approved 2 months ago. But online system still shows as pending but just got a soft LUD on the date it was approved. So you never know what you may find out.

    But not sure if they would give out information to the applicant's spouse





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  • Fugu
    01-11 01:53 PM
    Thank you both for your replies.

    I understand that we may not be eligible for an EB1 but would we still be able to apply for an EB2 without leaving the country?





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  • muthukmk
    08-03 05:54 PM
    Hi all,

    My job duties are in fact the same and there is no change. My compay lawyer had incorrectly filed as EB3 as my initial job position said bachelors plus 2 years of work experience. I had five years of experience before joining this company.


    Regards,





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  • sertasheep
    09-15 01:57 PM
    Dear IV members,

    I am responsible for collating questions from members and sending them to our immigration attorney. Please follow the process outlined in the following thread:

    http://immigrationvoice.org/forum/showthread.php?t=1267

    - At this time, we do NOT have enough questions to justify a conference call
    - On the average, we require at least 20-25 "non-frivolous" questions to be able to justify our attorney's precious time (Please refer to the USCIS definition of the verbage "non-frivolous")
    - We have had internal discussions on whether the frequency of the calls needs to be changed from bi-weekly(fortnightly) to monthly at this time.

    Next Steps:
    - Please keep sending in your questions to legal_advise@immigrationvoice.org
    - Also see the thread http://immigrationvoice.org/forum/search.php?searchid=24014 wherein, periodic reminders have been posted requesting members to send in questions. Please keep them coming in so that we can have the next conf. call


    FAQs: I hope the following provides some transparency into the process:

    Q. What happens when a question is sent in?
    A. First level filtered non-frivolous questions are responded to with a unique Question ID that helps track the question through its lifecycle until closure. The questions are then compiled and sent to the attorney, who accepts/rejects questions based on relevance. Based on the critical mass, the next conference call date is determined. Setting up a conference call requires mobilization of several resources- dial in number, availability of a moderator, etc. After the call, the recording needs to be made available, and several volunteers work towards making the transcript available in a MS Word/Adobe PDF form. Considering our other work and social commitments, this process takes around 2 weeks at this time.

    Q. How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
    A. Sure, but we need more questions coming in. We need a critical mass of non-frivolous questions to be sent in. We have, in the past, requested members to send in questions via the "legal_advise@immigrationvoice.org" route instead of posting them on the forums.

    Q. Who are the people doing all this work?
    A. Coremember "logiclife" has been doing the co-ordination in the past but has been indisposed due to health and work reasons for the next several weeks. I ("sertasheep") have taken over the co-ordination of the question-compilation etc., overseen by waldenpond, stucklabor, vineet among several other IV volunteers during logiclife's hiatus.
    - (I don't want to reveal other names here without knowledge of their IV handles, will do so shortly after I get their IV handles and/or permission)
    - Vineet and/or waldenpond have been helping with the last couple of conf. call moderations due to availability and calendar conflicts.

    Thanks

    sertasheep

    (I've been down with shingles for the past few days, but that shouldn't stop me from collating the questions- so, keep 'em coming, and await announcement of the next conf. call!!)



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  • GCBy3000
    11-09 03:38 PM
    Courtesy notice will clearly say it is a courtesy notice. If you are sure it is H1b approval, then you have to leave the country and get it stamped before your current I94 expires.

    You cannot wait to get it stamped until you travel outside. Someone said so earlier, so I want to clarify that it is not correct.

    What you received by mail is a courtesy notification that your case is approved, with the space for I-94 is blank. The original H1 Approval notice with I-94 will be sent to the lawyer. You may wait for a week or two.





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  • cchaitu
    11-06 02:59 PM
    All Guru's

    My situation is little different,

    I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
    But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.

    I have only 2 options:

    1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

    2) Do not take the Company B offer (but this is very good offer)

    Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance



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  • acecupid
    06-04 05:20 PM
    These days all H1 transfers and extensions for consulting companies are attracting RFEs for client PO. I heard this from many friends. Also the extension is given only till the PO end date even if you are eligible for 3 yr extension based on approved I-140. Basically you have to prove your project pipeline to get a longer extension. :eek:

    Some of the RFE requirements are ridiculous.. like getting lease info for client office building and letter from president of client company explaining business relationship with petitioner. Big outsourcing companies will soon start moving more jobs and work offshore if this trend continues.





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  • vinabath
    07-02 03:01 PM
    USCIS and DOS played ping pong on us.

    USCIS played June Fool.

    We are panned.

    I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.

    I planned to leave my company in 6 months. Now again I am struck.

    I decided to marry a girl just because the dates are current. Now I am struck.

    Oh USCIS(GOD)!!, Why did you do this me?



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  • r2i2009
    09-10 10:54 AM
    Guys,

    This is election time and no immigration bills will be taken seriously until mid next year. Let us stay calm and cool.

    Still have friends from EB2 2002/03 not gotten their GCs...

    Patience is the key.


    Election time....immigration issue has zero value





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  • whitecollarslave
    02-24 02:29 PM
    For those who think that this is good and will not affect them -

    What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.

    If we don't do anything, illegals will be citizens while people with H-1 and even EAD will be forced to go back. This is the beginning of the end to employment based immigration.



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  • WTFever
    12-02 06:49 PM
    Well this is the non-immigrant section, and I also said I was not sure where to post it. Care to give me a clue?





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  • sachinjohri
    04-03 03:11 PM
    No problem , you will get the Canadian Visa , while coming back to US , you have to show your AP



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  • akhilmahajan
    06-22 08:24 AM
    I-485 can be rejected if filed with incomplete initial evidence.

    Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.

    It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

    Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.

    I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............





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  • hotshots
    06-04 10:37 AM
    From Rajiv Khanna's site... http://www.immigration.com/faq/370/unreasonable-h-1-requests-cis

    Unreasonable H-1 requests from CIS

    USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:

    Quote:
    Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.

    As with most things dished out by USCIS, we are dealing with it.



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  • nashim
    08-14 03:26 PM
    After seeing this type of RFE, it looks like IO comes under EB10 category but fortunately/ unfortunately EB10 does not exist that’s why they fall under citizen category.





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  • smartboy75
    11-05 01:35 PM
    hey gcseeked2002...

    There are many who have received their EAD and have their FP done, but are awaiting AP...You are in the other boat ..where in your have AP waiting for EAD....I would recommed not stressing out...eventually you will receieve it.....With the July-Aug visa fiasco, USCIS is under tremendous pressure to issue out EAD within the 90 days to everyone...Allow them so room for error.....your EAD will eventually come....hang in there...just like everybody else you is waiting for AP....



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  • chanduv23
    10-13 01:00 PM
    Mark is from LI. I wonder why he does not show up any more. Has he quit IV?

    He is active - he is a big guy now, sometime back, I approached him for his autograph, and he said he does not have time to sign autographs :D:D:D

    Jokes apart - Mark is very much in IV. He is involved at the national level more than the State level - he does make sure he is in conference calls and if we have a meetup in his area, he will make it for sure.





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  • ppt.b
    07-10 09:58 PM
    My observation... based on i140 application

    My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC

    There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water

    Last name starting with A, C, E, G, I, K..... transfered to TSC
    Last name starting with B, D, F, H, J, L..... stayed at NSC

    any comments? again this is only based on my observation on a very small # of cases

    Nope! My surname starts with H and my case was transferred to TSC. I guess if u chose a small enough sample size, you can prove anything. Isn't statistics wonderful ? :D You gotta love it!





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  • bsbawa10
    09-07 06:32 PM
    And any ideas on what will we do with the final list? If it ever gets to include absolutely everything - much of it may even be hidden from us - you never know what goes on inside those Fed buildings!
    I think if we have enough data with actual incidents /dates , we can atleast post them on blogs, send them to the director USCIS, send complaint to congress and whereever else we can.





    EB3_SEP04
    07-16 04:40 PM
    No it is the same company

    First of all congrats!

    My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021

    http://www.onetcodeconnector.org/ccreport/15-1021.00

    The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.

    Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).





    EB3_SEP04
    01-03 12:09 AM
    Please consult a lawyer - She is now AOS and should not go back to H4 as that can mean she is abandoning her AOS which I am sure you dont want. I would not even recommend getting H4 stamped in her passport. ( same reason). I am in the same boat and my wife is using EAD - My lawyer did not process her H4 extension and only processed my H1 extension.

    Again - please consult a lawyer

    Just like one can have both H1 as well as AOS, the dependant can also have H4 and AOS at the same time. There is no law/rule that even remotely suggests that getting an H visa means abandoning the AOS. My 485 was denied and had to get H1/H4 for me/my wife. Now we again have AOS, but i still have H1 and plan to enter on H1 if have to re-enter US after a trip abroad. There are hundreds of folks on this forum who extend/stamped their H1/H4 even when they had AOS.

    commenting/guessing on a situation without the knowledge of the related law/rule could mis-lead the poster. This is not meant to be a criticism, just a suggestion.



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