Thứ Ba, 7 tháng 6, 2011

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  • dvvb
    03-01 02:59 PM
    Hi Sathishav, Thanks for the response.

    Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.

    to summarize,

    Co. A's GC filed as future employee.
    Joined Co. C on EAD.
    Now Co. A is out of buisiness.
    Does AC21 portability applies ?

    Thanks
    -DvvB

    If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.

    I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.


    http://www.myvisajobs.com/Document/YatesMay05.pdf

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?

    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
    485 that has been pending for 180 days or more, the following procedures should
    be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
    it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If additional evidence is necessary to resolve a material post-filing
    issue such as ability to pay, an RFE can be sent to try to resolve the
    issue. When a response is received, and if the petition is approvable,
    follow the procedures in part A above.




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  • paragpujara
    09-18 04:52 PM
    Yr employer is correct. You can't apply for SSN before OCT 1st as yr H1 starts from OCT 1st. When you go to SSN office, they look at yr current i-94 to find out yr current immigrant status (H1/H4/L1,etc) and if you current i-94 is for H4 then they won't allow you to apply for SSN. I had same exp for my wife. We applied on 2nd Oct in VA.

    Hope this helps.


    I checked with my employer, they mentioned that I cannot apply for SSN before Oct 1 and would only be eligible post Oct 1. Any ideas !




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  • ronhira
    12-31 09:13 AM
    You don't need a "path to citizenship" to family reunification. Please do not link A-B and so C-D. They are totally two different issues.

    agree 100%..... aila tries to project that it represents immigrants..... aila actually doesn't represent immigrants..... it works for the benefit of its members ..... i.e. immigration lawyers...... most immigration benefit if more people like us are stuck in the system..... if there r more applicants..... & more people stuck in the system.... then more immigration lawyers will make more money...... so family unification which has nothing to do with path to citizenship..... somehow become related...... or even synonymous.... 3 cheers for representatives of "immigrations"........




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  • admin
    01-29 11:50 AM
    Earlier many of us were happy that as per AILA's report, the effect of retrogression might be significantly reduced. Now lawyer Mathew Oh has come out with the some analysis as to why this exuberance might be showtlived and why we need to fight for legislative reform with respect to Employment Based Green Cards. So remember "It aint over till its over".

    Here is an excerpt of his analysis from http://www.immigration-law.com/


    The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.

    From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.

    The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.

    It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.



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  • ak_2006
    04-14 01:16 PM
    Enjoy this Good moments!!! and thanks for sharing.




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  • andy garcia
    11-04 08:20 PM
    Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.

    How are AP and EAD related?

    My son and I have never applied for AP and we have got two EAD's.

    My wife on the other hand has never applied for EAD, only AP.



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  • aguy
    01-05 10:52 AM
    Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?




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  • RDB
    12-21 11:03 AM
    A1. Yes, they will interview you together.
    A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
    A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
    A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.

    Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).

    Hope this helps.

    Hello Everybody,

    My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,

    Couple of questions -
    Will they interview my wife & I together ?
    Is it advisable to take the immigration attorney with us for the interview.?
    Can the IO approve the case on the spot.?
    Can IO stamp the passport since my PD is current.?

    If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.

    Thanks!

    Ritesh



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  • saurav_4096
    03-27 10:15 PM
    For my recent H1B extention for 7th year extention, I have come across strange situation.
    My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.

    I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.

    what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.

    I would appereciate any input on this.
    If this makes me out of status , is there a way to fix this by contacting USCIS again ?

    Thanks
    Saurav




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  • tcsonly
    07-16 03:47 PM
    Hi to all in this morass called Immigration to the USA,

    #1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?

    #2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....

    Thanks !

    I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.

    -C.



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  • kondur_007
    12-07 03:39 PM
    Consular processing itself will happen when date is currentl. However, there is a form that your friend can fill out (which basically moves I 140 from USCIS to another agency which I think is called National visa/benefit center, which in turn sends it to consular post once the date is current.

    In other words, your friend will have to get out of 485 line and ask for I 140 to be put in another line (for consular processing) and wait for PD to become current.

    During this entire time, the prospective employer should have empty position for the candidate and good faith intention to hire him permanently once he gets is GC. Also, they may send RFE to employer to explain how will he manage for next several years before your friend can join the firm. As long as prospective employer answers all these to their satisfaction, your friend can still get his GC once his PD becomes current (via consular processing).




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  • saint_2010
    08-13 04:15 PM
    Mine reached at 11:34 am & signed by B GERKENSMEYER - Nothing so far.

    Why you should file again ?


    Same here...mine was signed by GERKENSMEYER AT 11.34am



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  • julsun
    01-03 11:57 AM
    YOU: If thats a valid visa until 2009 you can travel without AP. Else, you can travel but will need H1 stamped.

    YOUR WIFE: If she needs H4 stamped, she can get that done and re-enter.
    If your travels are not urgent you could wait for AP and save couple hundred bucks!

    But dont you need to wait for AP approval to travel if you are in AdjustmentOfStatus Phase?

    Thanks




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  • MyGCPath
    10-23 01:51 PM
    I have received my Card recently. See my signature for detail information.

    I need advice/thoughts from you (Guys/Guru's) on some of the questions below. Any response will be really appreciated.

    1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?

    2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?

    3. Anything i should be aware or concern about these situation?



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  • brit_gc
    05-04 12:46 PM
    I had an RFE which they received on Feb 8th, still no response after 12 weeks.
    Is there anything to do here, or just wait and twiddle my thumbs?!




    Current Status: Response to request for evidence received, and case processing has resumed.

    On February 8, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.




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  • FinalGC
    03-30 10:40 AM
    All:

    I have a question with regard to legal status:

    Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.

    (a) What will be the status of my wife and son after the 2 month period?
    (b) How will I be able to keep my wife and son in a legal status, after the 2 month period

    I would appreciate some wisdom here.....



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  • a_yaja
    10-01 09:37 PM
    Folks
    this is a Q for my Friend
    He was working at Lehman before the company filed for chapter 11

    ... He has been told that salary will be paid for 3 months

    Right now he is at home and looking for other offers and no H1b transfer has been started


    Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP

    thanks

    If this is severance pay, then he is NOT OK as he has been laid-off. He needs to get H1B transfer done ASAP. On the other hand, if he is going to be paid as per the usual pay cycle (e.g. - if regular pay roll cycle is weekly, bi-weekly or monthly and you friends gets paid as per the same cycle) over the next 3 months, then technically he is still employed and he is OK till he gets the last pay check.




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  • psaxena
    06-25 12:55 PM
    I am willing to take the lead and the initiative for sending faxes to congressman for the CIR.

    I am going to take an off tomorrow for this and dedicate my whole time for this.
    I need some volunteers who can help me in putting up the letter together for this and other activities.

    There are different action items required to do this
    1. Draft the letter which communicates in a clear and precise way our agenda.
    2. Get as many number of immigrants to send the fax.
    3. Step by Step guide or a page on website where an end user can enter the information and send the fax.

    No Donation or travel is required for the rally, just a few minutes of your 24 hours is required to do this.

    Only who want to volunteer for any of the 3 action items please reply to this and no one else.. this is my humble request... I am a very focussed guy and do not want any distraction in this activity. As part of the 3rd action item another thread will be posted with the instructions on how to do that in the quickest and the best way.

    I am putting up a poll and at the end of the day I'll send the conf call number as well for the volunteers.
    And thanks in advance to all the volunteers. and also if you don't volunteer doesn't make you any less than a volunteer, if you support and help building this community stronger and much closely knitted.




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  • abhijitp
    07-17 06:25 PM
    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf




    amsgc
    12-18 02:22 AM
    See response below:

    Hello all:

    I have few questions related to my travel plans to India. We will be leaving in January 2009.

    We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
    My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.

    1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.

    - You don't need a transit visa for Schipol.

    2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.

    - You don't need any other document; you can carry the I-485 receipt notice.

    3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?

    - visa forms + appointment letter
    - Original I-797
    - Employment letter
    - Original marksheets/degrees as a basis for your H-1B app
    - copy of your H-1B petition + LCA
    - Pay stubs

    I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!

    RPH




    map_boiler
    08-11 03:28 PM
    Congrats bluez25!

    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.



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