Monday, June 13, 2011

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  • monkeyman
    01-29 06:06 PM
    Just sit tight - It will take them around 7 to 8 months to issue the GC. You should also receive the EAD card soon and hopefully it will be the last EAD Card.





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  • zephyrr
    03-20 11:56 PM
    Question 11. When is an I-140 no longer valid for porting purposes?
    Answer: An I-140 is no longer valid for porting purposes when:
    A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
    that was submitted after an I-485 has been pending for 180 days.

    I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.


    withdrawl in that case would be death-knell to your AOS case..
    there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..





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  • Eternal_Hope
    06-15 04:44 PM
    ????

    The only problem I forsee is that some people think that F-1/OPT is not a dual-intent visa, i.e., one gets a student visa upon expressing their intention of not immigrating. Therefore going from F-1 to H-1B to Green card is the more preferred route. However, some people feel that as a dependent going from F-1 to Green Card is fine.

    Hoepfully, others may have a better understanding on this than me.





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  • pappu
    08-21 03:23 PM
    its good to see so many new members these days on the forum.

    Welcome.

    all new members , please dont forget to contribute some money to IV

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    we have this forum and all the lobbying efforts only due to the contributions made by members of IV. The work has to continue and we would need funds to extend this effort further. We are still not there yet in our efforts to get the law passed in the house.

    members pls. prod your friends to join IV contribute money. Even a small contribution by many will go a long way in our efforts.



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  • pappu
    08-19 01:27 PM
    Hi,

    My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
    We have just requested expedite request but may not get it in time.

    She just entered into USA using AP in July.
    485 was filed in Aug 07.

    If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?

    And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?

    Thanks,

    You can ask this in the Attorney conference call today





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  • parablergh
    08-27 02:27 PM
    phone number: 800-375-5283
    follow the prompts.



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  • Xipe Totec
    09-14 04:02 PM
    I just _have_ to ask: what game was that?





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  • indianabacklog
    12-30 10:18 PM
    I understood from a congressmans office that my case was with an officer on October 8th and I would hear a response within 45 days.

    Nothing happened and have now been told following a service request that if I do not hear anything within six months to contact the customer service again.

    From my perspective being told your case is with an officer means absolutely nothing at all.



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  • gc2005
    11-17 01:35 PM
    SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.
    I agree, SKIL is the best bet for us. There are chances of something happenning before Oct 2007 because of no H1B visa numbers being available unitl then. I don't think it has been that bad situation with H1B until now.





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  • vin13
    01-16 11:52 AM
    Yes, it would be part of the lottery system (for company C)

    Yes, there is a chance of H1 not going through.

    It is as good as you applying for the H1-B for the first time.



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  • harrydr
    03-29 11:06 PM
    What all documents are needed in this case to port the I-140 provided the job description stays the same and in the same category code.

    We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??





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  • validIV
    06-16 11:09 AM
    Thank you Ms. Martin for your replies, it has been very helpful. As a follow up to hiralal's post, I have a question regarding H-1 status, totally unrelated to the original poster.

    If one has a valid H-1, already extended beyond 6 years and is valid till 2011, has a pending I-485: what happens when that I-485 is denied? Is the H-1 status lost immdeiately as is the EAD/AP situation?



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  • stirfries
    12-01 09:11 PM
    via regular mail. There is no tracking available. If it is lost, it is lost. That is what I hate about both the EAD and AP process.:mad:

    In my experience, the AP has been received anywhere from 4 days to 7 days after "the document has been mailed" notice.

    4 days - 7 days after "document has been mailed" update?

    Sounds discouraging BUT from my experience and from my RESEARCH on this forum, I also think that, 4 - 7 days is the normal receipt time. In my case, unfortunately, its been 12 days already. :(

    But, SS777 states, he has experienced anywhere from 3 - 20 days. I will take that. :)

    Can others please chime in with their experience in terms of how many days they had to wait once they noticed their case status was changed to, "Document has been mailed"?

    Your response much appreciated.

    Thanks,





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  • lazycis
    11-30 11:54 AM
    It usually takes a long time for them to fix their own mistakes. So do not lose sleep over it. Write to the director of the service center. If that does not help, complain to CIS Ombudsman



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  • enqueued
    07-06 12:04 PM
    Dear Friends:
    I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:

    I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
    (1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
    (2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
    Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]

    Dont worry - you are fine. I have traveled twice on two different carriers





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  • h1b_tristate
    07-27 11:22 PM
    ^



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  • panini
    06-11 03:48 PM
    If you have not been to Canada or lived in Canada since your landing I would assume that your Canadian PR would have been automatically cancelled because of the 3 years out of 5 years rule.


    I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
    We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?

    Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?





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  • willgetgc2005
    07-31 05:39 PM
    gg_ny/others,


    1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?


    2) gg-ny, can you eloborate on this please?

    (have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.


    Thanks for your responses.



    Sendil





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  • mps
    08-15 05:02 PM
    You need to read AC21 carefully

    On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.

    On rare occasions, USCIS revokes previously approved GC�s in case of fraud.

    Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.





    sreedhar
    09-07 09:01 AM
    Yes… It’s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.

    -Sree



    This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

    If anyone has seen this already, my apologies...

    http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



    Hello All,

    I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

    IO: Immigration Officer
    MC: My Cousin
    MCL: My Cousin Lawyer

    -Sree





    spicy_guy
    09-08 10:55 AM
    Good atleast we can have jobs, fr..ing last couple of years tired of loosing jobs because of Outsourcing companies. Waiting for GC from 9 years and now struggling to keep the job because of Outsourcing. Big F for OS

    If you were in India, you would have asked for more OS. huh?



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