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  • ca_immigrant
    04-29 09:06 AM
    I think this office has more folks...
    anyways, I do not know for sure.
    Last time I called I was on the phone for 2 hours waiting and talking to them for 45 minutes or so them trying to figure out what is wrong...they could not and was promised that I would hear back from them in a day...well its a week since then and no news...

    yesterday when I created this post I was in q waiting to talk to someone...

    waited for 3 hours and when I finally reached number 1 in q it was another 30 to 45 minutes wait (as #1 in q) but I guess they had already packed up for the day as I had called at 4 pm and reached #1 at 6:30 PM and at 7:15 PM they happily disconnected the call from q.... (which is not a suprise or is not the first time they did this)

    I also wonder under what basis our nice consulate stopped taking PIO and OCI application for a month (in Feb-Mar time frame) and now they are either heavily backlogged (as we are nearing the vacation season) or just that Travisa has no clue of thier act

    Travisa is horrible !!
    :mad:




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  • Ann Ruben
    03-29 07:42 AM
    First, if at all possible, your employer should appeal the denial of the I-140. There have been a series of AAO cases on the issue of educational equivalency, and it may be possible to have the denial reversed on appeal. Even if the appeal is eventually denied, your eligibility for one year H-1 extensions after 6 years will be preserved as long as the appeal is pending.

    At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
    who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.




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  • kcindian
    09-18 07:18 PM
    Gurus,

    Have you heard of eVerify? Anybody can explain what it is?

    My H1 expired 6 months ago and my current EAD expires October 20th. I filed for renewal application on July01 and am a little concerned that I will not get my new one within the 90 day window.

    I called USCIS and a Customer Service rep mentioned that I do not need an EAD to legally work as long as I am on AOS.

    She also mentioned that as long as I have a valid Driver's License and a valid Social Security Number, I am fine and that I do not need a EAD.

    Is this true? Has anyone else heard about / used this policy?

    Your response is much appreciated.

    Thank You.




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  • go_gc_way
    11-25 05:16 PM
    Not to discourage any one but , my understanding from this forum is nothing with respect to RETROGRESSION and THUS OF SKILLED PEOPLE LEAVING THE SHORES will be done in the Lame duck session.

    I wish some one prove me wrong and let us know if there is any new news.


    Hello ,

    It is unrealistic to expect something to happen with out participation. My sincere REQUEST to "YOU" all is


    i) BECOME A MEMBER : If you are guest and visiting this site to know about retrogression and your self waiting for a green card and stuck due to retrogression, become a member and participate the forum.

    ii)TELL YOUR FRIENDS : If you are member and have not told about this forum to your other retrogression stuck friends/collegues, please do so.

    iii) CONTRIBUTE : if you are a member, and have not contributed, please think of contributing

    iv) PARTICIPATE : participate this forum more actively with your comments.

    It has been the appeal of IV core team MANY times for i), ii) & iii) above.

    Also I have seen on many web sites related to green cards, it is suggested to come forward and let know your problems .. Things otherwise, may not happen magically.

    Friends on the forum, who think likewise and IV team, please add/correct my comments.

    -- From a IV member



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  • grinch
    05-09 01:16 PM
    I like it, it's great, but the font of the 35 cents doesn't fit well... To generic?




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  • Karthikthiru
    06-19 03:19 PM
    Hi,
    I am also in the same scenario. Filing I-140 and I-485 concurrently. My company's immigration attorney said that while filing for I-140 and I-485 concurrently, we can have the I-140 done in premium processing. And that is how they are filing for me now


    Karthik



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  • logiclife
    02-19 11:08 AM
    There is a whole thread dedicated to priority date transfers after approved 140. I would suggest you read the whole thread as its very very informative.

    There are many things that have to be considered before quitting and joining a new employer if you expect to port your PD from existing case to a new case of Greencard.

    See this: http://immigrationvoice.org/forum/showthread.php?t=912

    Closing this thread coz its redundant and the older thread offers more information and experiences.




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  • b3mus3d
    11-11 08:11 AM
    Oh that's flipping typical, I think my hosting went down.
    Right, I'll just set up a photobucket account for the moment...

    http://i28.photobucket.com/albums/c239/b3mus3d/stamp5.png
    http://i28.photobucket.com/albums/c239/b3mus3d/stamp4.png
    http://i28.photobucket.com/albums/c239/b3mus3d/stamp3.png
    http://i28.photobucket.com/albums/c239/b3mus3d/stamp6.png

    There, that's not all of them but my hosting should be back soonish.



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  • STAmisha
    06-30 11:43 AM
    Please check the answers below

    Hi,

    I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.

    In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:

    1. Can I file new labor in PERM without affecting my current labor and I-140 ?

    YES

    2. Do I have to mention in my new labor about my old labor and I-140 ?

    I dont think so. CHeck with a lawyer

    3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.

    Check with lawyer
    Thanks
    DC




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  • suriajay12
    10-19 10:37 AM
    All,

    I am trying to get an appointment date in Ottawa, Canada, buts always not available. Any tips please.
    Ajay.



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  • eb3_2004
    04-18 04:16 PM
    Mine went in on Jul 5 to TSC...I-140 alone, not a concurrent application..

    These processing dates make no sense...




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  • 485_spouse
    06-07 01:09 PM
    Ignore my question, found answer on following link
    USCIS E-Filing Forms Concurrently (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=714e194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Helpful Hints
    Paying for Concurrently E-Filed Applications � You must pay the fees for ALL concurrently E-Filed applications by a single payment method (e.g., credit card or bank account transfer) at the time of submission. Each form�s fee will appear as a separate line item on your credit card or bank statement.


    Attempting to Attach Applications After Submission � After you have certified and paid for your application(s), you cannot attach another application to that submission. If you submit another E-Filing application, it will be treated as a separate application filing.


    Submitting Supporting Documentation � Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice.
    - If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.



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  • coolpal
    02-17 10:25 AM
    You can stay in the US until the decision is made on your H1B application, and you can legally work (for the same employer) for up to 240 days from your application date if the case is in pending state.
    Regarding DL renewal, it really depends on the DMV you go to and the knowledge of employees there, but some DMVs, especially in locations like NJ, are aware of this situation and extend the DL by 90 days based on your original I-129 receipt notice.

    And in case if your h-1b application gets denied and you do not have EAD to fall back to, then you are supposed to apply for your legal status (H1 transfer (** not sure about this) or other visa categories) within 10 days of your denial notice or leave the country.

    As long as you are legally here (all the time) and are working in your stated field, you shouldn't have any problem.

    Cheers..
    pal :)




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  • AmericanDreamZ
    10-02 04:26 PM
    Hi Friends,
    If Forom G-28 is signed while applying for EAD and AP,

    who will receive EAD and AP documents? Lawyer or the Applicant?. Please advice...


    Regards,
    Alex

    Hi Alex

    There is another thread with the same question. You may have not found that because of the incomplete title thread. Here is the thread

    http://immigrationvoice.org/forum/showthread.php?t=14022

    -AD



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  • gotgc?
    03-05 10:44 AM
    Hi All,

    I work for a big software company and they have recently changed their name "XXXXUSA Inc" to "XXXX America Inc". It is just a company name change and everything else is the same. But, we got an email from our Lawyers yesterday that "Your I-485 application remains valid under AC21 portability provisions despite the change in your employment. In order to continue with your existing permanent residence application under the AC21 portability provisions, we will prepare and file a letter to notify the USCIS of the change in your employment from XXX USA, Inc. to XXX America, Inc."

    My I140 is approved with XXXX USA Inc and AOS is filed based on that. My concern is that I am travelling to India on AP and come back in Mid May. I have the following questions:

    I asked if I can delay this filing until I come back..my lawyers said "While there is no hard USCIS deadline for this particular filing, this project is a high priority for us and our instructions are to complete this project for all employees ASAP. The AC21 filing will not affect your pending I-485 or your entry into the U.S. in any way"


    1. Is it true as my lawyers say that there is no deadline to file AC21? My confusion is should i do this or delay until i come back?

    2. If they file this letter would there be any impact to the pending I485 and hence my re-entry to US using AP? Because I read so many threads regarding wrong denial of I485 because of AC21? In my case, it is the same company, no chance of I-140 withdrwawl etc...

    3. Assuming if I delay the filing, when you enter on AP, i heard they are asking are you still working for the same petitioner? If I some how had to tell them my company name has changed, then would there be any problems because of not filing this?

    My POE is SFO.

    Please share your opinion guys..thanks for your help.




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  • Rajwaitingon140
    09-21 04:51 PM
    I'm in the same boat.

    Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.

    After reading your post today, I checked the online status again and the LUD is 9/17.


    When did you filed your I-140

    Thank you
    RajWaitingon140
    I-140 applied in month of DEC'2006 and Still Waiting.



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  • anilsal
    01-29 01:04 PM
    Thank you for the response.
    The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
    With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.

    USCIS interpretation is not always in line with the advice we get. I would still try to do thorough research before the huge leap.




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  • aarzoo
    01-14 01:19 PM
    Yes without original PERM approval, USCIS does not accept cases for PP




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  • katrina
    06-15 04:53 PM
    Here is my question. In my college days bacd in the early 90's and mid 90's, I used to work and worked with my original Social secuirty number. Another words, I was given pay checks. I paid taxes and got refunds as well. Obviouslly all illegal since I had no permission to work as I was on FI visa. Anyways, after graduating college, I got H1b visa. Now I am in my 9th year, and my labor and I140 have already been approved. So the question is, when I am called for my 485 interview, will they know that i worked illegally, will they have records of that. I also have a DWI. I think DWI is ok, as I have read many got their green cards after this. I am more concerned with my working illegally.

    Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.

    Please eloborate.

    Thanks!

    You have to disclose and consult those question with your immigration lawyer since they will have a better answer for that particular problems and usually your lawyer will company you during the interview. If you've got lucky there will be no interview at all.

    if you ever got out from US after violated your status and get back in, get a new I94 and never violated your status again after your last entry by working illegaly you should be fine.

    Or if your total working hour is not over 180 days there is law if I'm not wrong part of ac21 that pardon that kind of violation as long as it's not more than 180 days.




    Blog Feeds
    12-18 03:40 PM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.



    More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)




    maco
    07-31 04:10 PM
    Receipt Number: lin0720551216

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. 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. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA 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.


    i saw this in one of the other forums



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