Thursday, June 9, 2011

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  • intheyan
    06-17 06:37 PM
    After I-485 pending for more than 180 days and with approved I-140 I changed the job. But the job is exactly similar the pay is almost 35% greater than that is in Labour. Will that create problems? I have not send AC21 filled to USCIS since my lawyer and friends suggested it not maditory but we can argue on getting the RFE showing papers that the new job has same job duties.

    Thanks for your replys in advance




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  • krishmunn
    05-25 10:49 AM
    I have I 797 valid til July 2011. Stamp is valid for same time. but my passport was expiring in June 2011 so I got I -94 valid until Nov 2010. My company is planing to apply for ext soon so I will get new I 797. with labor and I 140 approved I am hoping to get 1 or 3 years ext.

    Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?

    everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?

    I am in the same boat -- I am travelling with new 797 and old stamp (expiring within 10 days of my return).
    I have checked with a number of attorneys (including Rajiv Khanna) and everybody says I will get a new I-94 based on new 797.

    Also visited local CBP office (airport). I explained the question and if I will get a I-94 per my Approved 797 end date or per visa end date. The CBP guy just asked if I am with same company or changed company. When I replied I am with same company he just said "You are all set" --- whatever that means !




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  • gc_lover
    06-08 07:51 AM
    Isn't it a sad irony that we are now celebrating the demise of the much anticipated CIR...which was supposed to have solved all our issues...

    Any idea what's in store for the future...

    It's a restrictionist stratergy. If you have X, and you ask for X+5 then they will threaten you with X-5. In the end, you will be happy that you have your X back and won't ask for X+5, at least for a while.




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  • frostrated
    09-03 01:59 PM
    Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.

    About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.



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  • smuggymba
    09-24 12:15 PM
    Hi guys,

    My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
    We really want the OPT option that F-1 gives.
    Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?

    Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.

    We are very worried. Please help.

    best regards,
    Rajesh

    For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.




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  • venetian
    07-06 02:29 PM
    Thanks saket,

    Just a clarification, did you continue to maintain H1 status or started using EAD after you entered using AP.

    Yes, I did the same.....even though I had a valid H1B stamped in my passport the POE made me use the AP to enter.....



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  • jesicakalra
    01-30 06:26 AM
    China is a very good place for Indian ........




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  • gemini23
    08-02 01:35 PM
    Sanju,

    This is indeed related to immigration issues, as many people have to get birth affidavits from india to usa and other places. I dont see whats wrong in using IV to discuss this courier issues.

    Also, I dont know why would you link this with DC rally. I assume in good faith that people are going to show up at rally if they can, based on their circumstances.

    Please do not make generic negative assumptions.

    Peace.


    People have started using IV forums to report any issue with customer service. Guys, grow-up, participate in IV activity rather than screwing the effort of few good people. I am sure that people who posted on this thread about DHL/UPS/FedEx are not going to show up at the DC rally. Why are you guys wasting the bandwidth and at the same time killing your time? Wish you all the luck in finding something better to do.



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  • morchu
    05-04 12:37 PM
    AR11 is legal requirement. And that is the first step.

    But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.

    What is the second step you are referring to? I thought only an online AR-11 is good enough.

    I will be changing my address next month (same zip code and state).




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  • prom2
    10-30 12:54 PM
    Update:

    My lawyer just received AP docs.

    nviren: usually they go to lawyer address (as per other users).

    Good luck.



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  • vikrantp
    01-22 09:17 AM
    You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.



    Don't you need to be on their payroll before they file PERM? I am exploring a similar option but I thought you need to be on their payroll before the apply for PERM/I140?




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  • nortam1
    09-15 02:04 PM
    Can't see them. Already refreshed and deleted cookies.
    Anyway, can anyone tell me what's the processing date for EAD I485 based at NSC?



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  • lostinus
    07-17 06:56 PM
    Great job IV team. Congratulations. Thanks a million.

    Contributed $100 today. Pledge to put more in every quarter.




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  • apt29
    10-22 03:31 PM
    Mine was applied on July12th. My attorney is pressing for refile. is it a good idea to refile? Or is it better to wait?
    Thx



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  • ronhira
    09-18 09:42 PM
    USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.

    uscis definition of backlog is pending AOS applications that have been processed and have visa dates current...... they do not account for application with non-current dates as backlog..... so that's y they say the backlog is 190K..... but in reality the backlog size is many folder higher than 190K.....

    u may want to look for uscis definition of backlog....




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  • pal351
    02-11 05:57 PM
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  • joeshmoe
    09-04 12:35 PM
    Congratulations man!

    now here is the stream of questions :)

    Your Service Center?
    GC approved with Priority date April 2001 or Dec 2004?

    485 was for underlying labor PD of Dec 2004.

    I had applied for different labor (different employee and different job) in April 2001 but that case went nowhere and had to apply for new one in Dec 04 without the possibility of transferring the earlier PD.




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  • canmt
    11-07 07:20 AM
    If you do not inform USCIS there is considerable risk you will be taking if your I-140 gets revoked and subsequent RFE do not get into your hands in time.

    You will have to write a simple letter stating your intent to change employer and support it with your offer letter and pending I-485 receipt. Usually, the offer letters from employers don't go into details of job duties in such cases you'll get a RFE to obtain a letter from your current employer stating your job duties. You can respond to that RFE and be rest assured that it will go into USCIS system and forget worrying about I-140 revocation for rest of your life or for that matter changing employers.

    If you think your lawyer can play foul with your green card prospects. This is the right time to submit AC21 with a new G-28 so the new lawyer will get all future correspondence from USCIS otherwise you'll have to go through whole lot of trouble to get a copy of the RFE and respond to it on time.

    I hope this helps and good luck on your green card pursuit...




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  • getrdone
    01-16 05:19 PM
    One more thing before you draft a letter take a look at the job description/qualification/experience required which is filed along with the
    labor certificate.

    if possible get those "experience required " in the experience letter from
    prvious employer to show that you had those experiences before you joined.

    Cheers !


    I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.

    Can someone with an approved 140 please paste a format of the experience letter on this thread?

    Thanks!




    pcs
    05-16 02:52 PM
    I wrote a strong but polite letter with a special request on the very top of the letter for his staff ...." Office staff, for GOD's sake please read this letter & DO not send a generic reply"

    I got a call back from their office in no time & she said... please let me know what you want us to do to solve your problem.

    This was in Ohio

    I will suggest you to call the Congressman instead of Senator as they are more focussed. Send a letter & even better just drive up & meet them. You will not be able to meet the Congressman but the office staff will take care of your problem

    all the best




    amitkhare77
    09-11 05:13 PM
    you are right, this is still true. they write the counslate name which you attended last time for your F1 VISA interview. you can change that but again it takes time and money
    In my case, my I-797 approval document itself specified which consulate I had to go to, which was Mumbai. In such a case, this consulate is notified of your H1B approval and you cannot go elsewhere for stamping. Of course, this was 8 years ago so things might have changed.



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