Friday, July 8, 2011

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  • gsc999
    01-20 12:05 PM
    Core team,
    Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?

    No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
    --
    The core group is working on that. Latest update is that we need funds to lobby for this effort and IV has sent out messages asking for member contributions. Let us know if you have already signed-up if not please do so.





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  • dsneyog
    01-15 09:26 AM
    EXPEDITE PLEASE
    PREPAID ENVELOPE ENCLOSED

    Your Name
    Your Address
    I-485 Receipt Number: xxx-xx-xxx-xxxx



    December 1st, 2009

    To:
    USCIS
    Texas Service Center
    P.O. Box 851182
    Mesquite, TX 75185-1182

    Subject: Application for Advance Parole Travel Document (I-131) for Firstname Lastname A# xxx-xx-xxxx

    Dear Sir/Madam,

    I need a travel document as I am planning to travel outside the united states in late February 2010. I am eligible for travel document based on my pending adjustment of Status (I-485) application, Receipt # SRC-xx-xxx-xxxxx.

    I am enclosing the following supporting documents:

    1. Check in the amount of $305, payable to U.S. Department of Homeland Security
    2. Form I-131, Application for Travel Document
    3. 2 Identical photographs (Name and A# written on the back of photos)
    4. Copy of current passport (All pages)
    5. Copy of expired passport (All Pages)
    6. Copy of Form I-94 (Front and back)
    7. Copy of a I-797C, ASC Appointment Notice
    8. Copy of a I-797C, Receipt Notice for I-485
    9. Copy of a I-797C, Approval Notice for I-140
    10. Copy of a I-797C, Receipt Notice for I-140
    11. Copy of EAD
    12. Copy of Driver's License
    13. Copy of Marriage Certificate
    14. Prepaid self addressed envelope with delivery confirmation for USCIS to send my I-131 approval.


    Please approve my application for Advance Parole.
    Thank you in advance for your kind attention and cooperation in this matter.

    Yours Truly,





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  • goosetavo
    03-03 02:20 AM
    C'mon guys, you are supposed to be the smartes of the smart here. The bill referenced above has nothing for EB-immigrants true, but it is not the Bill proposed in the US House for CIR in 2010 (it has ZERO Co-sponsors), the "good one" is HR 4321 (93 co-sponsors):

    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h4321ih.txt.pdf


    It's the CIR ASAP act, see postings from me from last year for a summary. This bill recaptures lost GC's from the last two decades and exempts STEM degree holders from the numerical caps, read it, its all there.

    Can we stop hating on illegal immigrants? Please read Pappu's postings on the subject, this whinning does nothing to help our cause. We're all in this together. The CIR ASAP Act does put more limits on H1B visas, which is unfortunate, but we need to try and negotiate here, not throw everything away.





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  • starscream
    05-30 11:08 AM
    Here is a general question to all:

    My understanding is that immigration reform bill that the house is set to discuss in June (STRIVE Act) does not recommend a point based system instead it incoporates certain elements of SKILL Bill like inc. H1B quota / reducing EB backlog. So let us say in June if the house passes the STrive Act and by then the Senate has already passed the CIR with MBS then how does Congress decide between the MBS of the Senate CIR and the EB proposals of the STRIVE Act. How will they choose between the two?



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  • MerciesOfInjustices
    03-17 01:23 AM
    Thanks yourself, & all Core Group! And my true appreciation for everybody! Our cause is bound to succeed!
    We shall overcome...soon!





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  • ivar
    04-09 05:44 PM
    Good luck, atleast you are in EB2

    Thanks gcseeker.

    I am extremely happy that i am in EB2 :D . I filled one PERM in Mar 06 that was in EB2 and i also filed one in JUN 07 that was also in EB2 and now one more in EB2. :D :D :D (moral of the story, EB2 or EB3 or EB1 doesn't matter, what matters is destiny, if you are destined to get GC you will get it else no matter how much you apply you will always be in Queue)

    Thanks for your wishes, lets see how many PERMs i am going to apply before i complete my 6 years on H1b.



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  • morpheus
    07-07 01:33 PM
    Please consult an immigration attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.

    My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.

    Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.

    Morph





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  • dagu1234
    06-08 03:02 AM
    did you provide social security number? temporary license can be issued only if you do not provide social security number.



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  • lazycis
    01-15 11:15 AM
    Finally, I found it in the federal regulations. So it's the federal law.

    20 CFR Ch. V. � 655.731
    ...
    except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);





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  • namm80
    04-07 10:18 PM
    H1B extension beyond 6 yrs is possible under 2 circumstances:

    a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).

    b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.

    So CADude should get 1 yr extension is worst case.

    Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.

    ok gurus here's my situation..
    1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

    2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

    3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

    4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

    so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
    thanks guys..



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  • sbajaj80
    09-12 03:40 PM
    Register in USCIS.gov and then enter the I140 info in your portfolio and you will see the LUD(last updated date)
    18003755283
    and then press 12126

    Thank you! :)





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  • rajeshiv
    07-13 12:05 AM
    what case are you talking about ... is it H1 or 485?

    -RR



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  • som_yad
    08-14 09:00 PM
    Thank you ksrk for your reply on validity of I-94.
    I know I become paroled if i enter using AP.
    As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
    1) If H1 approval comes after I arrive
    2) If H1 is approved when I am in India.

    Thanks





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  • USDream2Dust
    10-15 12:26 PM
    Hi,

    I just had medical RFE for both me and my wife. We are July 2007 Filers and somehow our medical documents got lost or whatever, We received an RFE from USCIS and replied just in time.

    I am primary applicant and I would be loosing job at end of october. I would not be finding a job due to personal reasons and would be on a 3 month severance package till january.

    My Question is what are the chances of getting an EVL RFE during those 3 months? I know nobody can predict USCIS, but according to my lawyer, if they wanted EVL, they would have that in the RFE and chances of getting another RFE in another 6 months is very very slim.

    This logic makes sense to me too. But anybody got weird experience where they received RFE, Responded to it and then got another completely different RFE in a short duration?


    Thanks for you help,
    USDREAM2DUST



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  • s416504
    11-02 11:36 AM
    I heard under current USCIS procedures, USCIS scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD your are entitled to. (Multiple I140s with single I485).

    I am not sure if they port PDs with different categories. Like One have EB3- PD2004 & EB2- PD2008 so EB2 will be ported to PD2004. I think they have have stpooed this & USCIS has started assigning multiple priority dates depends upon category.





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  • mammoy2k
    09-30 08:29 PM
    Please read Yates memo for clarification.


    I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.

    As for AC21 law, it is associated with an approved I-140 and not a pending I-140.




    I-485 July 2 filer , ND Sept 10
    No FP yet



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  • saimrathi
    07-23 03:43 PM
    UPS says Delivered at 7.30am on 7/2/07 signed for by Hindera..

    Although I dont know what the point of this thread is... as someone said, please keep all tracking to one thread or ..





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  • sduddukuri
    04-07 07:56 PM
    We didnot file MTR. As per my lawyer, MTR takes around 2-3 months and if in case MTR gets denied then the total time (from the date of denial) will considered as illegal and it will create more problems. I also went along with my wife to chennai embassy(both H1 and H4 renwal ), they just asked me my paystubs and about my company . they didnot ask my wife any questions.





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  • PavanV
    11-19 07:39 PM
    The OP poster was not scorning against the average american, I think you are mixing two issues up, I am sure he has done his share of charity work, and he probably sympathizes with families who don't have a job, I don't think you can direct your anger against him.

    This is a capitalistic society not a communist or a socialist society, the market will/should balance itself out, new industries come up, people get hired, if the attitude of the people is protectionist, which it is, it stifles innovation and growth, which in turns stifles the growth of new companies, which in turn would have helped the folks laid off get a job. Being emotional is OK, but one must be pragmatic. That said, i believe charity begins at home, one must take care of its own kith and kin before extending arms to others.
    May there be peace (Om shanti Om)

    No I am not Indian, but that still makes me a H1B and greencard aplicant. So please, Antis might dislike us but that does not make them racist and hatefull against only Indians, you are not the only ones in the boat...dont make Indians the only important people here.

    Plus a lot of the antis are probably people who lost a job and are finding someone to point the finger at, not right, but understandable.
    I have Amercian friends who went from a good middleclass family to now being on foodstamps and not knowing how to feed their kids the next day, they dont hate me but they are upset and frustrated and scared...
    Fear drives people to find a black sheep but let us not jump in there too and start hating...

    Sorry but I read many many messages on forums before I finally loose my patience with the Indians only messages...lets try to not segregate but work together.:mad:





    Dhundhun
    07-12 02:35 PM
    The application was received on 7/10 and the checks were cashed today - How will you receive the resceipt number ? Would it come in the mail?

    USCIS will sent you receipt. If you do internet banking and can see your check, on reverse side of check, they stamp with detailed infromation. If you can access that you can find it.

    Yesterday I picked up receipt number for my son from check, who applied OPT/EAD in CSC.

    Otherwise wait for few more days to get receipt.





    bigboy007
    11-05 10:50 PM
    OK i e-filed and it showed Nebraska address generating LIN no's instead of MSC etc , it prompted me where my 485 is and i think since it is at NSC it routed automatically to NSC



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