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  • sathweb
    02-04 04:31 PM
    You are merely a beneficiary of 140 application, the petitioner is your GC sponsoring company - only the company or representative has the authority to make inquiries. First step, you should ask your attorney or company to call USCIS and mention that your 140 is outside processing time and also you had responded to an RFE , it has passed standard response/decision time (usually 60 days) - ask the CSR to open an SR. For the most cases that I know, this has triggered a decision with in 45 days from the date of SR. Hope this helps.

    I totally agree with you. Legally that�s all you could do.

    But if you approach your Senator office, all they wanted to know is that your GC is dependent on it. When Senator sends congressional enquiry, USCIS does not question Senator about who requested.

    I am not sure about legality of it; as long as it works go for it. Before asking Senator�s help, try your attorney and SR etc, mention in your letter to Senator that you tried all avenues before approaching him.




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  • latbsol
    10-01 06:03 PM
    Hi guys,

    Sorry, I was absent for a long time. I am back now!

    @ Hebron:
    Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.

    @ veni:
    Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.

    @ JamesSingham:
    James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.




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  • s_r_e_e
    10-28 10:01 AM
    see signature




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  • sanjay
    08-20 12:47 PM
    It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.


    It not a computer glitch for sure. As the explanation goes like this:

    we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.



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  • freeskier89
    02-09 03:37 PM
    It's all good.
    That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)

    Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.Haha ya unfortunately text can't quite convey as much as real communication and can make some really awkward mix-ups at times lol. Aww thanks man! :)




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  • chehuan
    01-18 10:12 AM
    My h1 started in 2009 October which means I have 4 years and 9 months more of h1 left with me
    Do you think moving to a new company should be a better idea?
    considering the fact that my application would be rejected eventually?
    any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
    should i just wait and see if i get audited and if I do just move to a new place?
    What would be my best bet?
    -chehuan



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  • reddy_h
    10-25 12:17 AM
    yes, really I missed that oppurtunity by 7 days. my only question is
    Can she stay here until I94 expires? or for 180 days?

    Thanks

    Her H-4 is invalid once your GC is approved. But she will have some grace period to apply for I-485 if priority dates were still current. But since we do not anticipate the dates to move that fast and if she continues to stay for some more time, she will be out of status and subject to bars. Best option is to file for Follow to Join as soon as possible and may be leave the country for some time. Don't rely on this advice completely but consult a good lawyer as the laws keep changing.




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  • ivgclive
    05-18 06:53 PM
    3 deportations at POE (EWR) till date this yr .
    only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky

    P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent

    thanks

    Very first person who dares to say that, has information first hand.

    Good job for your hard work.



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  • DSLStart
    07-31 07:46 PM
    �Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
    What would be the expanded case status? like giving details what exactly is going on with case?




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  • meridiani.planum
    01-18 01:13 PM
    Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.

    its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?

    If this is a just a theory, then check your facts first, before you claim "the possibility is real".



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  • sparky_jones
    10-01 10:26 AM
    I did a lot of research and found very little information on an established process of "firing" one's attorney and moving to self-represent the I485 application. Most resources talk about submitting a new G-28 form from a new attorney. What if I don't want an attorney to represent me anymore? is there a form for that?

    Anyone??




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  • Legal
    05-20 08:16 AM
    http://www.immigration-law.com/

    05/19/2008: Passage of H.R. 5571 for IMGs Failed Today and Postponed Until a Later Date

    The House floor failed to pass this bill and postponed until the undetermined date for final action. :(

    This bill was supposed to be less controversial than EB recapture bills?



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  • morpis
    06-24 06:30 PM
    Hello All,

    I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

    I have two issues I am not sure about how to procced --

    1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

    2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

    Please let me know if you know anything about these questions. Appreciate all your responses.

    Thanks.




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  • bobzibub
    01-19 06:13 PM
    They have too few people to do the job. When your app switches to priority processing it gets to another queue. When it is near the end of the 15 days they send an RFE simply because they can't complete it in time. Now they have at least another 15+ days to complete the thing.



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  • neverbefore
    10-02 01:12 AM
    I know IV members maybe uniformly divided between republicans and democrats. I find republicans views better too with the exception of their views on guns (war and other points).
    however my main complaint against republicans is that the hardcore amongst them (esp the talk radio) ..spread hate. (remember to the average american ...legals and illegals look alike !!! ..)
    and I agree nothing wrong in biden's remarks ..whereas Palin is a very wrong choice (not that I care much )

    I would not have chosen any different words. You've been reading my mind! :)




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  • Dhundhun
    05-22 01:07 AM
    hi thanks your input.
    what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.

    I saw your profile. You are from Nepal.

    As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).

    Your priority date is current.
    I hope that they must have sent for Name Check long ago - this should not be blocking.
    What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.

    For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC



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  • Dhundhun
    06-07 06:04 PM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.


    :confused:
    Phase one: This is part of I-140 filled by employer (of beneficiary in some cases)

    Part 2. Petition type.
    a. An alien of extraordinary ability.
    b. An outstanding professor or researcher.
    c. A multinational executive or manager.
    d. A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
    e. A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor's degree) or a skilled worker (requiring at least two years of specialized training or experience).
    f. (Reserved.)
    g. Any other worker (requiring less than two years of training or experience).
    h. Soviet Scientist
    i. An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).

    Phase two: Endorsement by USCIS Officer based on evaluation of I140

    Classification:
    203(b)(1)(A) Alien of Extraordinary Ability
    203(b)(1)(B) Outstanding Professor or Researcher
    203(b)(1)(C) Multi-National Executive or Manager
    203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability
    203(b)(3)(A)(i) Skilled Worker
    203(b)(3)(A)(ii) Professional
    203(b)(3)(A)(iii) Other Worker

    Certification:
    National Interest Waiver (NIW)
    Schedule A, Group I
    Schedule A, Group II




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  • virald
    08-05 02:44 PM
    Filed 485 in vermont service center

    --------------------------------------------------------------------------------

    I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.

    anyone else in the same boat?

    Here you go --
    1
    Q6: What happens if an application is filed at the wrong Service Center?
    A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.

    From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    You should be okay.




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  • Robert Kumar
    12-01 03:05 PM
    1) You can stay home even without any job, when you have EAD.

    2) Alternatively, work for this SAP if they could provide a job description similar to your past when an RFE comes your way.

    Chill out, you are good.

    I have one Question.
    How does it work, if I go to India to work for my company (same company which is into products development) for 6 months and then come back.
    Currently I am on H1B, and I also have EAD/AP. I am a July 07 filer.
    What will happen to my H1B in this absence when I'll not be paid in US, but as India office employee in India.
    And can I just come back using EAD/AP, do I need a new H1B approval again (current one expires Apr 2011)
    Will staying away from US create problems for my pending 485, or future EAD/AP approvals.




    lonedesi
    01-15 04:54 PM
    This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.

    You happened to be lucky since you had the option of Premium Processing. But now, even if we wanted to, we cannot opt for it. I am sure, almost 90% of the members who have been waiting for months together would opt for PP (for I-140) if it is available now. I wonder why USCIS has not reinstated PP for I-140 now that they are done with the major workload(receipting,AP,EAD) due to the VB fiasco.




    chanduv23
    06-18 02:27 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help

    h1 transfer is perfectly legal and you will not have any stamping issues.



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