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  • Dhundhun
    11-30 02:13 PM
    There are cases getting RFEs for photos / even if photos are sent, for not sending letter explaining reasons for AP and for not sending copies I485 receipts.

    There are several approved cases without letter or I485 receipts.

    But when I did paper based AP renewal, I made a packet of the following and recommend making similar packet:
    Packet with top right (application for AP A#...)
    .... I131 Application
    .... Envelop (on cover describing that it contains photo and check)
    ........ Two pictures with name and A# on back
    ........ $305 check in favor of U.S. Department of Homeland Security, USCIS
    .... Copy of I485 Receipt Notice
    .... Copy of previous AP
    .... Photo Ids (all)
    ........ Copy of Biographic Pages of Passport and
    ........ Copy of DL and
    ........ Copy of EAD
    .... A Letter stating reason for AP, expecting delays in GC due to swing in PD, nine years of wait.

    Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 at the end of first post also.

    In this approach, there is little chance of getting RFE due to missing items and photos also will remain safe inside the inner envelop, until required.

    Update: Received both APs in less than 2 months.





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  • haritha
    02-19 08:54 PM
    Cataphract

    Thanks for the update. This surely will inspire many more. You guys form a Brilliant Team. Good luck.

    Haritha.





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  • WeShallOvercome
    07-30 02:34 PM
    You are correct, they get a copy.

    but we do get the original FP notice , right?





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  • makemygc
    08-16 09:46 AM
    US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..

    On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...

    All of our family were tense...so take care of AP date format...

    This is really funny and serious at the same time. MM/DD and DD/MM is not a problem with the India officers but with the US officers too. I had the similar problem when I went to get my driving license first time and was carrying the passport. Guy at the DMV was suspicious about my birth date since he was reading it incorrectly on my passport. I had my anxious moment that day.



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  • santb1975
    12-24 01:17 PM
    Some of our chapter members have been asking for action items to work on during the holidays. This is a great one





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  • hary536
    05-20 03:51 PM
    Hi, Thanks for the reply.
    In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
    So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.

    Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
    file an amendment? If yes, which H1B or LCA or both?

    Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?

    1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

    2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

    3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

    Have a good day!

    ________________________
    Not a legal advice
    US citizen of Indian origin



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  • amdn123
    06-13 09:00 AM
    Wow, this is news to me. Could you please clarify something, logiclife? I apply to another company, who gets me a 3 year H1B before my 6th year starts. Do I need to request my old company to keep my PERM and I-140 alive until the I-485 is filed and approved? I thought the only way to move to another company was after 3 months of applying for I-485. Thanks for the advice!



    First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.

    Ok.
    You still have another 2 months before you begin the last year of your initial 6-year H1 term.

    If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.

    Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).





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  • enthu999
    03-27 01:40 AM
    Just an idea, if emails or letters doesn't reach Obama...may be IV should consider an open letter to Obama,Congress and Senate by buying space in major news papers
    and suggesting the obvious economic benefits(buying homes, home renovations, buying durable goods etc) of speeding legal immigration.



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  • tikka
    05-31 01:06 PM
    Confirmation Number: 56Y67421A1299244L.

    thank you

    anyone else?





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  • vxb2004
    11-25 07:59 PM
    vxb2004,
    Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.

    KKtexas,

    I had some soft LUD's in June...but the AC21 documents were sent in June!!



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  • number30
    04-29 06:08 PM
    Thanks snathan and aravindhome for your responses.

    I'm going to consult an attorney on this for sure...

    After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
    My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
    OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?

    I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.

    aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?


    Thanks a lot

    Ravi


    Once she is on F1 here you can get married.





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  • tjayant
    04-04 02:21 PM
    I know couple of H1b's working in Boeing unless it is a military project



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  • chaukas
    10-23 01:50 PM
    buy a return ticket . Cathay Pacific has tickets valid for a year. They have no change fees etc. so you can change the return date whenever you want.





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  • Pineapple
    07-27 02:45 AM
    I just tried the phrase "Change of address", for the heck of it, and it was spot on.

    Non-tech guys like me can never figure out how you guys do all these cool things :)
    Very good work.. very useful.. I've added it to my bookmarks now. Thanks a lot.



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  • H1B-GC
    08-03 08:36 PM
    Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.

    Yes. I'm July 2nd Filer at TSC and Still waiting. Any Examples that TSC is processing Apps. from July 3rd ... There might be 1000's still waiting who filed on July 2nd.





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  • tammigaw
    02-15 02:14 AM
    It says own/lease/solicit ...blah..blah with any competitors , but the language is very generic and now he says that there is a word in the text and it could be opened to any interpretation based on his convinience .

    When i asked him to explain the clause during the time of signing he said that i could not join his competetors for this client . I felt this cluase is reasonable to protect on his business interests , so i sighned it .

    Now he is manuplating it to accomodate his interested , so he can squeeze more money out of me .

    During my stay here , he NEWER paid me on time andi had to call him 20 times and mail him for 10 times ..literaly begging to get my pay .

    If in worst case , if he tries to execute this non compete in court i am not sure if it stays valid , based on the manner he ran his business .

    Can any one please shed some light in this grey area.



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  • dealsnet
    06-18 03:07 PM
    In AOS, you are in status, even if you are not working. But you must have a valid job offer in hand. They must employ you immediately after your GC approval for the job with same description and salary. Any time USCIS can ask for the job letter.
    For unemployment benifits, I don't know.
    For empoyment based GC, candidates are suppose to work till get GC. Small gap is ok, if you have job offer. If you are laid off by the GC sponsering company and they are no longer in business means, you are out of status, if no other job or offer in hand.





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  • sam_hoosier
    12-17 10:53 AM
    I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry

    The labor was filed as software engineer whose description says that this was java focussed intense programming position.

    I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.

    I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)

    what do you think?

    Have you checked the job codes for the two jobs ? Just given this information, the new role does look similar. However, I would run this by an attorney just to be safe.





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  • paskal
    09-10 11:58 AM
    From Siskind's blog on ILW
    http://blogs.ilw.com/gregsiskind/2007/09/more-details-on.html

    MORE DETAILS ON SEPTEMBER 18TH RALLY
    Folks - The issue has been raised about whether non-citizens are allowed to participate in rallies. The answer is an emphatic YES! The main restrictions you have in participating in the world's oldest democratic republic is in your ability to vote and your ability to donate to election campaigns. You are most definitely allowed to go to a rally and press your case to the government.

    Immigration Voice has released the following advisory for those attending:

    Travel Advisory for the Sept 18th Rally/Parade



    Dear Member: As you know, the route of the rally on Sept 18th is from Washington Monument to Capitol Hill in downtown Washington DC. Please use the following advisory for travel to and from rally and related events. Everyone must arrive at the Washington Monument at around 9:00 AM on 18th. The march would begin at 11:00 AM and end at 12:30 PM. We will gather on Capitol Hill grounds and stay there from 12:30 thru 2:30 PM.


    Same day travelers: You have to arrive at Washington Monument at 9:00 AM where this event begins and leave the event from Capitol Hill, when it ends at 2:30 PM.



    Arrival Advisory

    For people arriving at the Washington Monument via WMATA Metro Rail/Bus

    There are two close Metro Stations to the Washington Monument Grounds. From your location reach one of the below metro stations. Please use the trip planner on WMATA Home page.


    (1) Smithsonian Metro Station (closest by walk)

    (2) Federal Triangle Metro Station


    Both the stations are 0.4 miles from the monument grounds and are on both Orange & Blue Metro Lines. See the map here on WMATA website and familiarize yourselves before you get on to the train.


    Tip: For those who has not been to DC before, Washington Monument stands tall and can be seen easily. Google Washington Monument and familiarize yourself, if time permits.

    Walking Directions from Smithsonian Metro



    (1) Take the 12th street exit and walk 0.1mile ( North ) towards constitution avenue.

    (2) Make a Left turn on Madison Dr NW and walk 0.1 mile ( West ).

    (3) Arrive at the intersection of 15th and Madison Dr NW to find Washington Monument Grounds.



    Walking Directions from Federal Triangle Metro



    (1) Take the 12th street exit and walk 0.1mile ( South ) towards constitution avenue.

    (2) Make a Right turn on Constituion Ave and walk 0.3 mile ( West)

    (3) Make a Left turn on 15th st and walk 0.1 mile south to find Washington Monument Grounds



    For people arriving at the Washington region airports (DCA/IAD/BWI) early morning Sep 18th

    From Regan National Airport (DCA)



    Regan National Airport is connected by WMATA Metro and is on both Yellow and Blue lines.

    (1) Take the Blue line train (towards Largo Town Center) from DCA to Smithsonian to avoid transfers on the Metro.

    (2) Use Walking directions from Smithsonian above to reach the Washington Monument grounds.



    From Washing Dulles International Airport (IAD)



    (1) Take the 5a bus from IAD at curb 2E to L'Enfant plaza Metro Station.

    (2) Get down at the Rossyln Metro Station and Take the Blue line Metro towards Largo Town Center.

    (3) Get down at Smithsonian Metro and Follow the Walking directions from Smithsonian listed above



    From Baltimore Washington International Airport (BWI)



    (1) Take the B30 Bus from BWI to GreenBelt Metro Station and get down at Green Belt Station.

    (2) Take the Green line towards Branch Ave and get down at L'Enfant plaza Metro Station.

    (3) Take the Blue line towards Franconia/Springfield Metro and get down at the Smithsonian Metro

    (4) Follow walking directions from Smithsonian as listed above.







    For people arriving on buses (ONLY IV Charter Buses) points south and west



    Points South



    (1) On I-395 North/George Mason Memorial Bridge,Stay in the 2 left lanes and follow directions to US-1/Downtown. (approx 1 mile on Route 1)

    (2)Route 1 becomes 14th St SW.

    (3) Make a left on Independence Ave and arrive at the intersection of 15th and Independence Ave.

    (4) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.



    Points West



    (1) I-66 West becomes Theodore Roosevelt Memorial Bridge and becomes Route 50 East/ Constitution ave NW.

    (2) Make a left on the 15th Street and go 0.5 miles South and arrive at the intersection of Independence ave and 15th street.

    (3) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.



    Points North and East



    (1) From 295-S/Baltimore Washington Parkway take the US 50W/ Newyork Ave exit and go aprrox 5 miles

    (2) Make a left on to I-395 S and go approx 2 miles

    (3) Take the 12th St SW/Downtown exit and Make a left on Independence Ave with in 0.5 mile

    (4) Arrive at the Independence ave and 15th street interesection in .5 miles. Buses will drop off IV members and will be parked at RFK Stadium



    Departure Advisory


    For people departing via WMATA Metro Rail/Bus



    There are two Metro stations close to the US Capitol West lawn



    (1) Union Station Metro on the Red line. (closer to west lawn by walk)

    (2) Capitol South Metro on the Orange & Blue line.



    Find out on what Metro Line (Blue/Orange/Red/Green/Yellow or Combination) your destination / Metro station is and chose either of the above Metro stations. Simply, Go to wmata website and get your itinerary. Your destination can be a Metro rail stop or some thing that is connected by both rail and bus.



    Walking Directions to Union Station Metro Station



    (1) Head North on 1st St NW towards Constitution ave approx 0.1 mile

    (2) Make Right turn on Louisiana Ave to walk towards columbus circle approx .25 miles

    (3) Cross the Columbus Circle to arrive at Union Station Metro.







    Walking Directions to Capitol South Metro Station



    (1) Head South on 1st st NW towards Independence ave, approx 0.1 mile

    (2) Make Left turn on Independence avenue and walk East approx 0.2 miles

    (3) Make a Right turn on New Jersey avenue and walk South approx 0.1 mile going past Cannon House building and C st SE

    (4) Make a Left turn on D st SE and walk East approx 0.1 mile to arrive at US Capitol South Metro.



    For People departing via IV Charter Buses


    There is no pick up available around the US Capitol. IV Charter buses will be parked at the RFK Stadium which is accessible via METRO. The Metro stop is Armory Stadium which is on the Orange/Blue lines and is the 3rd stop from US Capitol South Metro. (Trains towards New Carrollton/ Largo Town Center)



    (1) Follow the Walking directions to US Capitol South from the US Capitol West lawn as listed above

    (2) Ride the Orange/Blue line to get down at the Armory/Stadium Metro stop.

    (3) Walk towards Lot 7 from the Armory stadium. Street Signs will be available from the Metro station

    (4) Board the bus and your Bus lead/Driver will get you to your destination



    Please make sure that you have the bus lead(s) phone number and there will be a roll call before the bus departs. For exact timings of departure, please talk to your bus lead.





    Leo07
    07-21 10:02 AM
    Taking the emotional quotient and any other 'angles' out of the issue. Fragomen is correct and so is your manager.

    If it comes to that, it's not worth the risk for you, your manager and your company to do anything other than what's suggested by your attorney.(Fragomen)

    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.





    sammyb
    04-20 06:53 AM
    any luck with PIMS pre-verification ... please share ...

    I got this from different website(not sure if I can quote here).

    Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

    I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D



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