Saturday, June 25, 2011

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  • krassib
    09-21 04:06 PM
    My lawyer and I both tried using this link but we keep getting error messages.
    Has anyone got any updates on their cases on this link?
    Yes, I told my lawyers next day after the site was opened and they confirmed that my case is in the system and "In Process," although, �In Process� is a very broad term � it does not tell me where in the queue my case is, when it will start to be worked on, i.e. the time factor and estimations are missing. It is really bad, bad system ;-(




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  • dhesha
    08-29 02:46 PM
    So if the date is July 2, what does it mean? Does it mean they are processing cases that are received on July 2 or those who have Notice date of July 2?
    Is July 2 included or excluded?




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  • EB3_SEP04
    08-27 11:23 PM
    If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.

    Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.

    Be careful and try some way (as suggested above) to know about your I-140. All the best.

    It'd be helpful for readers if you please update your profile with your case details.




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  • yvjoshi100
    03-31 09:48 PM
    Congrats.
    Can you tell us how much time USCIS took to approve your 485 after they approved your new EB2 based I-140 with dates ported from your previous EB3 based I-140. Also did you communicate seperately with USCIS to inter file your old 485 with new I140 approval or by just mentioning your A# on your I-140 application every thing for I-485 linking was automatically taken care by USCIS on their own.

    Would greatly appreciate if you can share above info with us.



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  • cdeneo
    03-30 03:41 AM
    What is the best way to change representation of one's case from the company lawyer to Self? Also, how long does it take for this change to take effect?

    I am in a similar situation as mentioned on this thread and would like any communication regarding my case from USCIS to come to me and not the lawyer who filed my I-485 since I am leaving my current employer.

    Any insight into how to tackle this would be very helpful. Thanks!

    Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer




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  • ruchigup
    08-06 12:38 PM
    Many Congratulations !!!



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  • pnjbindia
    10-08 03:48 PM
    gasat,
    No one can predict what the visa bullitin will do in the coming months. My suggestion is that atleast go and get a court marriage done if you can before May2008. It is possible that your PD may become current by May 2008. But no one can say that for sure...

    Hi. I am still unmarried. But i applied for my I-485 when it was current last month . My priority date iss Nov2004 in EB2. Currently it is April2004. I might not be able to get married till May2008. Would i be getting GC by then or is there chances of getting delayed. Please let me know
    Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.

    Please clarify.




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  • meridiani.planum
    11-25 10:20 AM
    I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.

    As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.

    I second this advise. Just send the G28 and confirm in a couple of weeks to see if the attorney address has been updated.

    on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.



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  • green_card_curious
    03-07 09:56 PM
    Thanks Stemcell. I am still on my H1-B, but my wife has been working using her EAD. We are seeing and hearing different things. We are obviously planning to appeal, but the problem is will USCIS cancel the I-485 immediately or will the I-485 be denied with the ultimate denial (after appeal, if thats our fate)? We are hearing it both ways, so am really not sure - but your friend's case gives me a little relief.




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  • snathan
    01-22 08:25 PM
    I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.

    The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.

    So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?

    Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.

    PS: Check with attorney.



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  • shan74
    10-23 07:20 AM
    There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.


    really need to know this based on the market situation.




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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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  • eilsoe
    10-22 04:24 PM
    *wrooommm!!*

    :P:P:P:P:P

    *post*post*post*post*post*post*post*post*post*post *

    Huh? Who goes there?




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  • InTheMoment
    06-16 04:59 PM
    See below

    Predierock,

    Can you please adivse on the following:

    My wife is currently on H4.

    She has a H1b approved for 3 years to start working on October 1, 2007.

    Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.

    She has a job and the company would like her join asap.

    Questions are:

    1. Will her EAD (I-485 pending) cancel her H1B approval for the company?

    No, that won't happen as H1B is dual status and she can start working on H1B from Oct 1.


    2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?

    That is not possible, once an EAD is used to work falling back on the H1B means going thro' the H1B application process once again since the original H1B is violated.. but more importantly ....USCIS considers this as abandoning your I-485 !

    While H1B to EAD means only updating the I-9 the reverse is not easy for reasons abovementioned ;)

    We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.

    Please advise folks.



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  • sanju_dba
    08-30 12:39 PM
    I read SKIL bill and it refers to "Exempts U.S.-educated professionals with advanced degrees". I Do not see why an online master degree does not fit in here. Maybe I am missing something :)

    This is an excerpt of Section 201.
    Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
    in the United States from the annual green card (i.e. immigrant visa) cap.
    Yea, If(let say) most of the applicants are US-Educated professionals, then its most likely less applicants gets adjusted under VisaCap, so its a good news on either side!




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  • manchala
    04-07 07:29 PM
    A reputed university = very few or no gultis. TVU had only gultis...so did not qualify.....

    Stupid. Don't bring up specific community here.



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  • pitha
    08-07 09:52 PM
    First USCIS stopped giving name check status over phone, now seems like they have stopped giving name check status in infopass as well. Another thing is these people are too rude. I am not sure sure what we are supposed to do, not even ask what is the status?

    I had my infopass appointment today, it was not worth wasting the 60 seconds. I go up to the IO, this lady is so rude she would just say my case is pending. I asked about name check she says that cannot be discussed due to security reasons. I called up customer service and could get to the second level that was an IO, who confirmed my name check is pending.

    Infopass depends on the IO or you could be in for some sour grapes ....




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  • hary536
    05-19 03:17 PM
    Hello Pappu, can you please move this post to the "Ask a Lawyer" forum. I intended to post it under that forum. But i think due to duplication you moved it to the other forum. Pls, post it to Attorney forum. I really need some advise in this case. Thanks.




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  • gceverywhere
    09-14 03:15 PM
    call the attorney who is working on your case and ask if it's a good idea to go...

    You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.




    crystal
    09-14 03:43 PM
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    texcan
    02-21 12:03 AM
    How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
    -a

    Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
    I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
    USCIS rules are such a mess.....god help us all.

    on lighter note...
    One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
    issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....

    both get GC...
    relax and live hapily....

    Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
    a good friend said donot worry ...something will take care of it...
    needless to say he was right...(economy did take care of issue for me...).



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