Sunday, June 12, 2011

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  • shruthi07
    01-14 07:20 PM
    Your wife has valid legal status till July 2008. The Officer at the POE should give the I-94 date as July 2008 as visa is used only for entering the country before June 2007. If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected. My friend has been in the same situation and was given the later date at POE.





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  • whitecollarslave
    02-26 01:50 PM
    Guys, Sorry for my ignorance but
    I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written

    An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.

    I have my I140 approved through a american company and my h1b is getting expired in june 09.

    According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.

    Might be some one can explain what is exactly means.

    Thanks in advance!!!!



    https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==

    Ok, so the above says that you can get a "immigrant visa" based on approved 140 (for your case). In order to get that "immigrant visa" that will allow you to work "indefinitely", you need to actually apply for the the "visa". Based on your 140, you can apply for this "immigrant visa" in two ways. If you are outside of the country, do what is called "consular processing" where you apply for a immigrant visa at a US consulate in a different country. If you are already (legally) in the US, you apply for what is called adjustment of status. The problem is that these "immigrant visas" based on 140 are in short supply compared to demand. Join the queue.

    ... so whats your confusion?





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  • uscisc
    09-10 02:53 PM
    Company A - EB3 � PD Nov 2004.
    Company B - EB2 � PD Feb 2007.

    In July-2007 I applied 485 Using Company A EB3. In Apr-2008 I moved to Company B and In Feb 2009 my attorney sent an interfiling request to change the category on my EB3 case to EB2.

    My attorney also told that, in general this kind of update look complex to the USCIS people and ignore the request.

    If that happens then the next thing is to let our senator or congress man call to USCIS and request them to show more attention on that interfiling request. And you should do this after 3 months after sending the interfiling request.

    One question, did you received the same alien number on both the I-140s or not? In my case my alien numbers are also different.

    Also as of today I did not know whether my interfiling is success or not. The only way I will know about it is by calling the service center, which I haven�t done yet.

    My attorney has confidence that we can get the category changed.

    Also as mmrao2007 specified, my attorniey also sent the documents with a covering letter with a colored paper and big bold letters on top, explaining the case and related case numbers.





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  • martinvisalaw
    06-28 12:48 PM
    Using AP does not necessarily mean that one is using the EAD. It is just a document that allows you to travel when needed.

    Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..

    The I-94 stays valid as long as you stay working for that employer. Even though you entered using the AP, CIS has said that you can work pursuant to the underlying H-1B status.



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  • sukhwinderd
    09-12 03:06 PM
    my case was sent to TX office on 6/29 for 7/2 delivery and i checked online the receipt date was 7/31. dont know why. should be 7/2
    but i got FP notice on 9/10 for appt dt = 9/25
    hope this helps.





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  • desi3933
    07-10 09:29 PM
    Any inputs on what to provide to HR or atleast how to explain that visa is not required, is appreciated.
    Thanks.

    Take printout of this page
    USCIS - Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)


    .



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  • Dhundhun
    06-22 02:22 PM
    S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.

    Unexpired I-94?

    The status of I-485 pending (at least (c)(09)() class, I know) is not controlled by I-94.

    If (s)he is on H1B/H4 she needs to have unexpired I-94. If I-485 pending then I-94 is not significant.

    However, I suggested to get in touch with USCIS office.

    For more understanding of I-94, in case of students it is stamped valid until I20 is valid. Students don't have I-94 expiry date. In similar way I-485 pending person remains in parolee status (parolee has six meanings in USA for immigration purpose including I485 pending), if other status is not there. I-94 does not control status of each and every case.





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  • bluez25
    08-23 03:48 PM
    I really appreciate Pappu and this is why I like IV a lot... Staying focused.. I wish I could come to the rally but due to lot of personal reasons I will not be able to attend. ..... and coming back to the focus point of this thread....

    Guys please stay on top of your case and make sure your's is not one of the case sitting in the dead box..... The actual message from the other thread just to avoid the jump....

    From a user expected from other forum
    ---------------------------------------

    Finally it's my turn - a Sunday phone call changed it all...
    ...yeah...yeah...yeah...
    ...etc...etc...etc...

    ...after hearing lots of crap for 6 years, finally I also got my approval on 8/21...no, no, no...it's not over for me...they wouldn't let that happen so easily... they approved mine...but they didn't approve my wife's....so, I am still waiting....just half way through....

    here is some snapshots my long story....

    EB3, India

    Labor PD: 10/18/2001 [ my own labor, NOT A SUBSTITUTE ]
    I140 / 485 ND: 11/13/2003
    I140 AD: 04/2004
    FP1: 12/2004
    stuck in Namecheck till 6/2006
    Xfer VSC to TSC: 3/2/07
    FP2: 5/9/07

    Status of case since then:

    6/4/07: All ready for approval, waiting in queue
    6/5/07: Assigned to an officer
    6/27/07: Officer on leave, reassigned to another officer
    8/6/07: Case waiting to be assigned to an officer ??? wtf ???
    8/13 - 8/17: Contacted everyone mentioned in this board, this isn't my first time...just the n-th time....

    8/19 - Sunday 5:56pm - actually this is the MOST important event. So, I shall never forget the time. I received a call in my home phone from extn. 1202. The gentleman with a 50sh voice, identified himself as an officer from USCIS. He mentioned that he is aware my case is stuck and wanted to know all details that I have been complaining about. After hearing everything from me and my wife, he looked into some stuff in his system. He particularly looked in details to whom my cases was assigned to....finally he apologised and told me, probably my case was assigned to AN OFFICER WHO IS NO MORE WITH USCIS FOR SOMETIME...phone call for around 48 minutes...
    he apologized again and told me that he would inform Texas Center that there are cases assigned to this person who is not with USCIS anymore...

    8/21 - 8:01 am - I got only one mail from CRIS "Approval Notice Sent for I485"
    ...don't know when I would get the "Card Production Ordered" and "Welcome" mails

    Well guys, did you notice the flurry of approval today?...mostly old cases....does that have anything with my Sunday's phone call?.....I am guessing so...

    My wife's cases didn't get approved since it is with another officer...hope to get that one soon...

    All the best to everyone in this forum....I hope lot's of more approvals to come in September....
    __________________
    EB3 India
    PD: 10/2001
    I-140/485 - ND - 11/2003
    I-140 AD - 6/2004
    I-485 - Transferred VSC to TSC - 3/2/07
    FP1 - 12/24/04
    FP2 - 5/9/07
    6/5/07 - Case assigned to an officer
    6/27/07 - Officer on leave, case reassigned to Another officer
    5th EAD AD - 7/26/07
    SR raised on - 6/11/07
    Reply on 7/26/07 - Complications lead to additional Reveiw - 6 months
    I-485 - AD: Never



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  • leoindiano
    08-13 09:42 AM
    All those who wanna dance the K K Menon style with both palms spread out and shaking with each movement - from the movie Honeymoon Travels Pvt Ltd - raise your hand!

    The song is - Sajnaji Vaari Vaari Jaaunji Main...Tuhi to mera sarkar hai... aisa mera pyaar hai ... - I can imagine us singing this to the GREEN CARD ... :D :D

    KK menon, that song is hilarious.....





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  • bekugc
    03-17 09:55 PM
    hi lavanya,
    since the clock is ticking, your prime concern shud be to get hold of someone who can get the paperwork done quickly and apply +vely on april 1st. He may not be the best, but as long he follows all process its enuf for now. For that matter, even if u get a rfe its OK, as long as its not rejected u r good with respectedto competing in the lottery...(possible this year also)

    To make sure they dont miss anything important, get an appointment with some local immigration lawyers and cross check the different things that need to be done ensure the appln is complete and it doesnt get rejected.

    take an appointment and explain ur situation and for about 150-200$ they will explain and give u detailed list of things needed that will serve as a checklist so that u can ensure the actual lawyer dont mess up things due to rush.



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  • willgetgc2005
    02-09 01:01 PM
    Hi,

    I am having issues with my Immigration Attorney. I had asked him to initiate
    enquiry about my 485 status about 3 times over the past 2 years and each time he replied via email saying he has sent the enquiry. he usually is very flaky and at times even lies or avoids my calls and emails. I am paying for his
    service and not my company.

    In nay case, I needed those documents he says he sent as enquiry for my records. When I ask for it, he says he will send it but is just not sending it despite about 10 follow ups over the last 3 months. He says he will send it.I suspect he never initiated the enquiry and just lied to me. So now he is in soup.

    He has screwed me and others up like this several times. I really want to refer him to ethics tribunal or something like that. What are my options ? I have been very frustrated with him for the last several years.

    Please suggest.





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  • akmypoints
    11-04 01:26 PM
    Hi Experts,

    Need inputs on following scenarios.

    I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.

    Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?

    Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?

    Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?

    Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.

    Thanks



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  • Berkeleybee
    04-08 02:56 PM
    Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.

    It takes years and months to get a request fulfilled under FOIA. In this administration, run of the mill govt agencies have been given even more latitude in fulfilling FOIA requests -- forget about the DOS and its response to FOIA requests. Perhaps I didn't make myself clear -- even other agencies within the government who don't need FOIA are unable to make this happen. Do see the magnitude of the problem?

    The only way to break the logjam is through political pressure.


    Again, I'd say, please don't assume the IV people who have been working on these issues are naive or lack information. ;-)





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  • sanjay02
    08-17 02:31 PM
    Hi bsnf

    Are you the primary applicant?



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  • akred
    02-12 11:46 AM
    Nebraska took 7 months for my case almost to the day. Jun 06 - Jan 07.





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  • nonimmi
    06-11 04:20 PM
    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

    Zee.

    Visit this....

    http://immigrationvoice.org/forum/showthread.php?t=4285



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  • PD_Dec2002
    07-13 01:42 PM
    I had to generate paystubs for my wife from Jan 07 to May 07 due to recent USCIS goof up. She started working from May 07. However all the paystubs generated ( 5) , have a pay period from 05/01 - 05/31 and pay date is 07/11

    Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.

    So let me summarize this so I understand well.

    Your wife started work only in June 2007. But you wanted to show USCIS that your wife was actually working from Jan 2007. So you asked her employer to give pay stubs for Jan - May 2007. The employer did that (and I am guessing) without really paying you for those months. And you paid taxes (Federal and State) and SS and Medicare for those months in July.

    So USCIS and IRS will both think that your wife has been working since Jan 2007 when in reality she started only in June 2007.

    Thanks,
    Jayant





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  • mayitbesoon
    07-10 04:36 PM
    Similar issue here.

    I have been working with my company on EAD for last 6 months.
    I have been asked by HR had asked me if i had valid visa. I said yes. then, i realized, there is no visa, its 'adjustment status'. I tried to explain him. He keeps saying, he understands how EAD works, but the HR office would like to see a copy of 'visa' document. I am sure, what should I give him?.

    In this case, should i provide copy of I-485 receipt? I already sent him my AP documents and I-94 that i got at port of authority.

    Any inputs on what to provide to HR or atleast how to explain that visa is not required, is appreciated.
    Thanks.





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  • gcseeker2002
    11-05 01:00 PM
    I don't know. It is just puzzling that some people got both while others only got one. What is the basis for approving AP?
    Is there any basis needed for approving AP? Is it EAD ? If so my application is in deeps***. onceagain, is there anybody here with this kind of experience. Also since I already took infopass once, is there any use taking it again for my ead ?





    smartboy75
    07-17 07:25 PM
    Hi All

    As the dates become current, I see a lot of people asking the same questions again and again....why can't people do a little search on the forumn before posting repeated questions already asked before ..For eg: Filling i-485 and presence in US or filling without the help of lawyers....

    I mean come on guys..we call ourselves highly skilled labours and don't even have the skill to find out answers to common questions by searching the forumns???? I am really begining to doubt the IQ of some cause if not how do u explain it...

    DON'T GET ME WRONG....ACT SMART





    485Mbe4001
    04-12 01:47 PM
    I think IV member idlinginc
    added the entry yesterday...
    http://immigrationvoice.org/forum/showthread.php?t=4006

    thanks for your help, maybe idlinginc can help us with the effort to maintain the wiki page and list



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