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Sunday, July 3, 2011

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  • cilantro
    09-28 05:16 PM
    My GC is under process and I am using my EAD. Due to a family emergency, I may need to go to India for a longer period of time. Right now, I dont see any option but to resign from my current job and move to India. But I do not want to risk my GC process either.
    What can I do in this situation? Please advise.

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  • gcpain
    06-25 11:09 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.

    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.

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  • insbaby
    08-24 12:34 PM
    I believe they would process the application within 15 days. It doesnt necessarily have to be an approval or denial, they can even send a RFE.

    Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.


    It is 15 days (not business) including week ends.

    Here are some hidden facts:

    * 15 days window DOES NOT start from the day USCIS receives application.
    * 15 days window DOES NOT start from the day USCIS sends a NOTIFICATION (Yes !!!)
    * 15 days window starts ONLY when you see an LUD change with a description "Request for Premimum Processing" updated in USCIS system.
    * When there is an RFE, the 15 days window clock STOPS.

    while( case != approved && case != denied )
    * RFE is issued
    ***** 15 days clock now is reset to 0 *****
    * 15 days window DOES NOT start from the day USCIS receives RFE Response.
    * 15 days window DOES NOT start from the day case status says "RFE Response received".
    * 15 days window starts ONLY when you see an LUD change with a description "Case Resumed" updated in USCIS system.

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  • 90210
    07-19 10:57 AM
    Thank you Solaris.
    But what I need is the Employer Offer letter to me. They gave me a letter with some 3 lines saying my job title, Salary and start date. It does not include the Job responsibilities. It does not even say the word "Full Time". When I asked them they said that is their standard format.

    Do you have format that I can use. I want to send them and insist that I get the letter in that format.


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  • my2239
    04-18 09:19 AM
    Hi ,
    my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical

    so in this case, absorbing the 5000 cost difference may be a good idea

    Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best

    So decision is yours

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  • ajju
    07-25 04:51 PM
    Agree with Jonty on checking at http://infopass.uscis.gov...

    I needed to confirm my address change.. called uscis and I was told they can't see any personal info... basically read me my status on website and a long boring standard message.. saying you are within the normal processing dates and blah blah... Bottom line I was suggested to take infopass.. so I took.. Its my first infopass appt ever and it was very easy... shown me 2 dates avaialable for Aug (nothing in July).. So I pick one and then was asked to pick a time...

    I selected as a follow up on pending case...

    Hopefully they'll process my AOS before that :-)

    EB2-I June 2004... PD current, RD current per both NSC/TSC...
    Case filed at NSC and transferred to TSC (July 23, 2008)
    Keeping my fingers crossed per 50-50 probability theory :-)


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  • blacktongue
    11-01 01:35 PM
    I heard that only applicants who are current are considered as backlogged - is this true?

    Applicants who are not current - which statistical group do they belong to?

    You are correct. Is USCIS definition to show less numbers on their graphs.

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  • gcbackup
    10-09 10:34 AM
    I recently sponsored for my uncle and his wife and had no problems. Just send the sponsor docs with I-134, letter to consulate etc. Uncle had to provide info on his ties back in India.
    My last name was not same as uncle's ( guess that is what your doubt is) and that was not an issue at all.


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  • sushilup
    09-28 12:41 PM

    Hi Guys,

    I didn't find such a thread in my search. If you thing there is already one please delete this.

    I want to start a thread for tracking cases which were transfered from one place to other and to estimate that if we are getting in the back of the queue OR receipt date is acknowledged.

    My I 485 transfered from TX to CAL and now to NEBRASKA.

    131 AND 765 says received and pending at California

    package was received at Texas on 23rd July and Cal center issued notice on Sep 24.

    Please let me know if anyone has similar case.


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  • SK2007
    10-04 04:33 PM
    my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.

    what is safe for her? does she have any deadline to go back? is it 15 days or a month....

    someone please let me know...thanks ahead

    Generally, they give only one extension. Technically, I think she is already overstaying? The bigger problem will be coming back next time. Did you try calling them?


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  • canmt
    11-14 08:30 AM
    I'm working on EAD after applying AC21 to change employer. I was about to send renewal application to USCIS as EAD expires in March 2008 but now I have this update on I-485 and no email from USCIS. I also checked the USCIS automated message calling 1-800 number which also says the same information.

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  • newbee7
    07-15 08:04 AM
    The whole process in complicated and needs a lot of back and forth btwn hr/attorney. Most attorney's will take 4-6 months at min.


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  • chanduv23
    11-14 10:19 AM
    Your 485 has to be reapplied and priority dates come into picture. You can change jobs but have to use H1b based on approved 140. You have to start the GC process all over again but you can retain the priority date because your 140 is already approved.

    Talk to a lawyer - to get a better understanding

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  • gc_kaavaali
    07-01 01:04 PM
    I think your parents can provide affidavit with your date of birth (incase you cannot get Birth Certificate). And also you need to get another document from municipal saying 'No record found' something. I am not sure. Try to search in this forum. Members discussed sever times on this topic.

    I have a question, on 25 june i got a RFE, i have not received it yet neither did my lawyer. The case status shows that both me and my wife got the RFE. I think its most probaly to produce the Birth Certificate.

    My wife BC is in the process and i think i will be able to get it by the end of the week.




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  • gcformeornot
    08-08 09:32 AM
    If one changes to a new employer after 180 days,

    How much support (documentation etc) does he/she need from the ex-employer or the ex-employers attorney?

    After 180 days, so I assume I'll have the receipt notice and hopefully EAD and AP (also have I-140 copy).

    for 6 months. and W2 if applicable.

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  • desi3933
    02-24 10:58 AM
    Currently my wife is on H4

    I'm planning to file H1 for my wife ....

    How can you file H-1B for your spouse? Please explain.


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  • webm
    09-20 11:29 AM
    If you have the valid H1b stamped while your 485 is pending and got RN,FP done,you should not have any issues in POE.So are you done with your FP?? Its always safe you wait for FP and finish it and then decide your travel plans.


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  • grinch
    05-10 08:21 AM
    Great font choice, but it's to big ;)

    I wouldn't reccomend making it smaller, because that font seems to look well large. I'd say search over www.dafont.com under the Script section for a simple caligraphy font :D

    Good Luck!

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  • smuggymba
    12-18 08:31 AM
    Cap on skilled immigration unlawful: UK court - World News - IBNLive (http://ibnlive.in.com/news/cap-on-skilled-immigration-unlawful-uk-court/137822-2.html?from=tn)

    London: A temporary cap on the number of skilled workers from India and other countries outside the European Union was introduced in June 'unlawfully', the High Court ruled on Friday.

    Home Secretary Theresa May had introduced the cap as an interim measure before a permanent cap to be in place from April 2011. It was challenged on the ground that ministers had 'sidestepped' parliamentary scrutiny before announcing the
    temporary cap.

    The legal challenge to the cap of 24,100 until April 2011 was brought by the Joint Council for the Welfare of Immigrants (JCWI) and English Community Care Association, and was upheld by judges on Friday.

    The Home Office said this did not imperil its flagship immigration policy but the opposition Labour said the police it was in "chaos" after the court ruling.
    The ruling has nullified the current temporary cap, meaning it is no longer in force.
    The cap was one of the first measures of the coalition government that promised to bring down immigrations from hundreds of thousands every year to 'tens of thousands.
    In today's ruling, Lord Justice Sullivan and Justice Burton concluded that the home secretary had not gone through the proper parliamentary procedures before implementing the cap, which took effect without a vote in Parliament.

    The judges said: "The secretary of state made no secret of her intentions. There can be no doubt that she was attempting to side-step provisions for Parliamentary scrutiny set up under provisions of the 1971 Immigration Act and her attempt was for that reason unlawful." As a result, it said no lawful limits were now in place for Tier One and Tier Two applicants from abroad. The Home Office said it was still "firmly committed" to reducing levels of net migration. "I am disappointed with today's verdict," Immigration minister Damian Green said, adding: "We will do all in our power to continue to prevent a rush of applications before our more permanent measures are in place".

    08-24 10:45 PM
    This is a contract position to work in canada.This is normally through couple of vendors.

    My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.
    You get work visa in canada then you need to be paid in canada..Work visa in canada has nothing to do with that of US status.

    If you are getting paid in usa ( it seems like) and planning on working in canada on visitor visa its not legal. This might be the reason.

    Your status in US has nothing to do with Working/Visiting/studying in Canada.

    If you have used AP you "Probably" not on H1 any more.. there are some contradicting statements of IV members on this before. But I have seen USCIS sending a notice for one of my friend where in which he was advised to use AP ( as he is considered being on AOS eventhough he has H1) in future.

    08-14 03:24 PM
    How would you do that? You need a company to sponsor you.:confused:
    Hi All,

    I am thinking of doing PERM filing on my own under EB2 category.I need suggestions from optimistic members about this possibility.Also,please if you can provide links(website) which can help me through this stupid & cumbersome process.


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