Thursday, June 9, 2011

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  • perm2gc
    07-27 03:11 PM
    Hello Gurus,
    I am a first timer posting in this fantastic forum.
    I am in a very confusing situation wherein I need your help

    EB2 priority date: April 2007
    I 140 approved.
    I 94 expired in August 2010

    So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
    I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
    I am presuming its related to the client's letter.
    My lawyer said that we can open a MTR within 30 days.

    What are the options and todo list I have?
    1. I have a very good rapport with the client and I can get the client's letter.
    If I get it, how long will it take to approve my case?

    2. I am still working. Is it legal if I work as long as the appication is being processed.
    3. Once I get my EAD, will it matter if H-1B gets rejected?

    Please help me!

    1. MTR process takes one year.
    2.If you have EAD you can work,otherwise you cannot work.
    3.No unless your spouse also has no EAD.




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  • bhasky25
    10-11 01:06 PM
    Thank you for responding,

    I had changed jobs under AC21 provisions ( changed almost after 500 days of filing 485) and preferred to maintain my H1B as I did not want to get into the complications of renewing EAD and AP and also my wife goes to school here and it was safer for her to be on H1b rather than EAD or F1. I am just not comfortable with renewal process of EAD and AP. I have my H1B visa stamped... so now, I can travel at my will instead of worrying about what will happen at port of entry as I have a stable job and H1B stamped.

    I want to know if I will still be eligible for H1B renewal(based on approved 140) even after my 140 being revoked. I do have a copy of my 140 approval.




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  • santb1975
    12-24 09:33 PM
    ^^^




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  • swadeshi
    06-20 04:15 AM
    I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??

    Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.

    Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...

    Thanks



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  • sanjay
    12-28 10:01 AM
    I have three friends waiting for I - 140 approval whose date are between Feb 16 - 22, 2007 and all are still waiting for approvals. online status show case pending. And dates in NSC shows April 6, 2007.




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  • paskal
    10-26 03:11 PM
    Can you talk in english please?

    :D



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  • wandmaker
    02-11 12:21 PM
    My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.

    Lot of applications filed during July 2007 fiasco had the same issues, eventually the online system got synced over a period of time. If you have a hard copy of the notice with you, don't worry about the online system - it is out of date sometime. For your personal satisfaction, Call USCIS to find out whether the case is really in their internal system.




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  • jprangi
    08-04 11:28 PM
    I know lot of people are waiting. But just want to tell you all the INS is moving forward may be slow. I just received my receipt notices today. My application reached INS on July second at 11:25 am. My checks have also been cashed.

    Cheer up guys and keep you fingers crossed.

    -Rangi



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  • rajmehrotra
    12-21 02:07 PM
    First we need to contact the madam @ 10 Janpath. Without her choreography Papa singh won't dance and neither will the daughter.

    ( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)

    Please think:

    A. WHY will ACLU assist us? Only because Ms. Singh is there?

    B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.

    C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...




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  • skumar9
    04-13 11:07 AM
    My date is also not Current(Eb3 2006 ) got RFE today requesting The TB test. Think they opened the case and working. :)



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  • willIWill
    07-15 03:44 PM
    Hi Friends,

    I received an RFE last week. There were 3 points in the RFE.

    The first point in the RFE says,

    Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.

    Second Point and Third point are respectively

    Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)

    Employment verification letter stating the offer still stands as per EB visa petition.

    A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.

    My question is concerning the first point.

    Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?

    Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?

    Appreciate your suggestions

    Thanks in advance.




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  • mirage
    05-29 04:01 PM
    On a conference call somebody asked Rajiv Khanna about PD movement last month and his prediction etc etc. His comment was
    'Only 2-3 people in the whole world knows what happened last month and what's going to happen further. And all of them work for the state dept.'



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  • som_yad
    08-15 05:12 PM
    Just for curiosity. Which service center your 140 was applied. and is it EB3 or EB2 ?




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  • bkarnik
    05-11 02:28 PM
    For people like us in the far flung areas, it would be helpful if IV posts a transcript or better yet record the event and make it available online so that we can at least feel like we have participated :) Just an idea.



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  • lost_in_migration
    05-14 09:34 PM
    /\/\




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  • Humhongekamyab
    08-20 03:17 PM
    I am glad they have started enforcing this. This will let them work on the cases rather than answer the calls.



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  • desi_voice
    05-02 07:39 PM
    Guys,

    My visa stamping on my passport expires on end of Sep 2009. I am planning to go to India mid July 2009 and come back mid August 2009. I have H1B-I-797 extension upto August 2011. My I-94 which was issued at the POE and the I-94 at the bottom of the extended I-797 has the same number. From what I know when I leave US I should hand over bothe I-94s(given at POE & one below I-797). From what I heard from friends, IO is suppose to give new I-94 validity date based on the extended I-797 validity date and should not give based on date of expiry of visa stamp on the passport.

    @bbct

    I think IO did a mistake for you, you could have asked him to give I-94 based on your extended I-797.

    @mckottayam

    IO did the correct thing for you by giving I-94 validity date based on your extended I797.

    Question is, incase IO gives a I-94 based on the visa stamping validity date and not on the validity of I-797 can we ask him to give a I-94 based on the I-797. If he refuses, how can we extend the I-94 validity based on I-797.




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  • 21stIcon
    05-04 12:41 PM
    I searched all over web for BEC to PERM conversion denials, I could not find even single references on NRIWEB OR immigrationportal.com, and I know it could take more time than expected but have not heard of any denied cases so far, please share your source of info....




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  • logiclife
    04-06 01:28 AM
    As of 10:25 PM PST wednesday, here is where the Senate stands:

    1. Bill Frist has proposed a 3-tier solution for 11 million undocumented immigrants.

    Tier 1:
    Illegals who have been here 5+ years can apply for guestworker program and GC(later) without returning home. Plus the usual - fines, back-taxes, english learning, apologizing to Uncle Sam (ok, I made the last one up ;))

    Tier 2:
    Illegals who have been here between 2-5 years have to go to port-of-entry to get guest-worker visa and then re-enter and eventually apply for GC.

    Tier 3:
    Illegals who have been here for less than 2 years have to go back to home country and apply for guest-worker visa (Back to the end of the line). In other words, deportation.

    Bill Frist worked this compromise arrangement for the undocumented. Main players behind the scenes are supposed to be Chuck Hagel, Mel Martinez, John McCain and Lindsey Graham on this 3-tier approach of compromise bill.

    2. Parliamentary Procedures:

    Frist:

    Bill Frist went to the Senate floor Wednesday night (around 9:30 PM EST) with a parliamentary motion to send the compromise to the Judiciary Committee for ratification, then scheduled a vote for Friday to cut off debate on that motion.

    Reid

    Harry Reid has filed a motion to invoke cloture, scheduled for 10:30 AM EST on Thursday. If the cloture succeeds then the debate on SJC version of the bill will be over and a final vote will follow. The SJC bill goes pretty much as-is to a final vote where a simple majority(51 votes) will be enough for it to pass the Senate.

    3. The analysis:

    The whole thing started when Kyl proposed an amendment to exclude illegals who had felonies to gaining permenant residency or citizenship. That would exclude hundred of thousands who had deportation orders pending or who had been deported by again re-entered.

    Democrats, afraid that the original intent of SJC version - mainly to bring people out of shadows will fail if republicans keep chipping away at the provisions with amendments like Kyl's amendment.

    So Reid, in a high-risk game, filed a motion for cloture. He probably has 38-40 Democrats on his side plus around 18 republicans. However, nothing is guaranteed. Most of media articles say that his motion will fail. In a rare chance that he succeeds, he will have the "Bargaining power" because of 60 senators' support for him and the SJC version and he will have a lot of fun at the expense of Kyl/Cronyn/Sessions etc. This is highly unusual. Cloture is usually filed by the majority party that wants the minority to shut up and force an up-or-down vote. In this case, THE MINORITY leader has filed a motion for cloture. A total reversal of roles.

    4. Our Interest

    First of all, from view-point of immigration voice, we would ideally want Reid's cloture to fail, Bill Frists' latest compromise to get ratified in SJC, come back to floor for debates and amendments and succeed on Friday. Dems and Republicans "Kiss and make-up" and everyone gets something. Here's why: If the motion of Reid succeeds, the scope of getting it changed for 485 filing and removing hard-cap gets smaller as SJC version will be popular with 60-plus senators and Reid would be unwilling to play with delicate balance. On the other side, if Dems fail, then Frist's bill would be open for debates and amendments, making it possible to get provisions to make OUR lives better.

    However, on the flip side, if Reid fails then whatever Frist brings to table will have almost no support of Dems. Then he too risks getting filibustered when HE files for cloture on his 3-tier version. He wont have 60 votes of his own to beat fillibuster because Dems would oppose him for being tough on illegals and Republicans like Cornyn-Kyl-Sessions etc would also oppose him because the 3-tier version would still have traces of Amnesty and its "Loose" on illegals.

    5. What's Happening Wednesday night:

    Harry Reid has promised he will be up all night in his PJs and review Frist's 3-tier solution. Cookes and milk are on the way from IV to him for some midnight reading. But he makes no promises. Cornyn and Kyl are still unhappy as 3-tier bill still smells of amnesty. McCain is angry at Reid and will support his party's stand and oppose Reid's motion for cloture. (edited)
    Harry Reid
    http://www.grassrootspa.com/uploaded_images/HarryRedi44333-734905.jpg

    Bill Frist
    http://skaroff.com/blog/wp-content/photos/images389071_Frist.jpg




    fide_champ
    04-06 05:31 PM
    Does not sound right. Where did you hear that?

    AC21 allows you to change jobs after 180 days of filing.




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    January 4th, 2005, 11:34 PM
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