Saturday, June 11, 2011

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  • glores1970
    09-23 12:06 PM
    I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

    Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

    What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.

    write the following on the envlope using marker
    DO NOT OPEN IN THE MAIL ROOM

    and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current

    Thanks, pathmaker and averagedesi...i will resend the application according to your suggestions.





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  • jsb
    10-29 11:36 AM
    Friends,

    I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?

    1) Is there any precautions that i should take while re-filing?

    2) Will USCIS accept the app or should they make me wait for my PD?

    Thanks,

    What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.

    If it is your lawyer's fault, you can take appropriate action with him.





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  • VSS2007
    06-25 10:10 PM
    Hi,

    I am also in the same boat. Looking forward to here some reply.

    Hi,

    I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.

    I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

    My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

    Can any one suggest me on this?



    Thanks
    h12gc





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  • abqguy
    09-24 10:28 AM
    My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?

    Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.
    Pappu, I can't agree with you more....

    VERY WELL SAID!



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  • nashorn
    08-12 03:25 AM
    Have applied for 485, AP and EAD. By the way, what is the advantage of doing so?





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  • yorstruly
    07-19 03:07 PM
    Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.
    ...

    :D

    Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :confused:

    And yes, I am totally new to IV. The way it has been effective, I will surely contribute... :)



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  • rajutata
    03-18 03:40 PM
    Prevailing wage is for your future job after you get your green card. Bonus is paid this year although it was for your last year work and can not be included in your last year W2 and is not necessary also. Sometimes we get paid December months salary in January of the following year and will not show up in previous year's W2.

    It is not a requirement at all.





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  • MightyIndian
    11-05 06:11 PM
    Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec

    I beleive the Hyderabad Consulate will be fully functional only by the end of 2008. So we can assume that it starts offering visa services in early 2009. Until then the web site suggests to go to Chennai Consulate.
    http://hyderabad.usconsulate.gov/visa_services.html



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  • jumanji4u
    01-27 02:02 PM
    Congrats!!!. Let your shining success prevail on us. :D





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  • ras
    06-17 01:15 PM
    Employer A:
    -Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
    -Employer A is threatening to withdraw the I 140 if I move out from their company.

    Employer B:
    -Fortune Client where am currently working as a contractor
    -B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

    I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

    However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?

    Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?



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  • bigboy007
    08-14 11:04 PM
    if your application is ready to get a visa you will get it , we cant force USCIS to do some things neither its a defined process that application SHOULD be preadjudicated its like a best practice

    I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?





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  • gc_peshwa
    09-13 10:52 PM
    Realistically I feel we (i.e. High Skilled Immigrant community) what the Jews went through during WWII at the hands of the Nazis.
    Cornered from ALL sides.
    Helpless.
    Discriminated against (due to our skills and since we are willing to work like dogs, good deal for US employers)
    About to be driven out of this country. (H1 expires shortly and no sign of EAD or GC)
    And finally about to be MASSACRED. (at the hands of the Obama's of this world)

    US is no longer attractive to top immigrant talent that actually made USA what it is today.



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  • anil_temp
    06-26 03:55 PM
    for me company is paying for everything except medical..





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  • senocular
    08-19 11:55 AM
    I think it needs bigger eyes... ?



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  • Jimi_Hendrix
    12-14 12:19 PM
    Getting CIR passed (or even bring back to attention) may not be that easy. These types of raids are increasing and many people are thinking that goverment is doing something about an important problem.

    Bringing back CIR and passing it will entirely depend on the political moves of the two parties and important players. Any raids and resulting street rallies are not going to do anything. If you want proof just see last years momentum and what happened eventually.
    This year's political composition was different. Anti-immigrant majority politicians and do-nothing attitude was the cause of inaction.

    Next year the political composition is widely acknowledged to be pro immigration. So the results are likely to be different.

    Am I missing something here?





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  • rpat1968
    07-15 08:13 PM
    After contacting USCIS through Ombudsman & Senaor John Cornyn office I finally got email from Uscis telling me that I am in EB3 and they mistakenly sent me EB2 approval. After this they sent me an amended EB3 approval. Also the immigration officer who worked on my case called me an explained me what exactly happened.
    He said that my attorney sent an letter with mi 140 approval saying that if they cannot approve me in EB2 they can consider me In EB3. Which is exactly what they did.but since the application had EB2 their contractor who generates the approval generated an EB2 approval. In Uscis system I was in EB3 and all alone I was thinking that I was in EB2. So i got royally screwed. The only now per immigration officer is for me to restart the gc process from labour stage and recapture the July 2004 pd. I got so sick of this I just stopped worrying about this and currently on Ead. Bought a house and will wait and see how things go. May reapply for labour ....



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  • ciber.couger
    09-23 03:50 PM
    I just got a soft LUD on both mine and my wife I-485 too.
    I am EB3/ROW, I-140 approved on 09/01/2008,
    My Priority Date: 27 Feb 2003
    Hopfully it is a good news.





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  • kaisersose
    02-20 11:17 AM
    Dear All..need expert guidance on my situation.

    1) Company A. Approved I-140 and LC for more than 6 months in 2006

    2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.

    3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?

    I assume answer is No but thought I will get some expert guidance.

    Thanks for your help

    I think the answer is Yes.

    You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.





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  • chanduv23
    10-13 07:37 AM
    Jaime - my friend - I am in for another rally. What worries me is that, there is still a lack of motivation from the immigrant community. We need atleast 50,000 skilled workers rallying in DC.





    gsc999
    04-20 12:58 PM
    oh my sad soul do not live where there's no peace.[/B]
    ---
    Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!

    Btw, I have made a note of your singing abilities and definitely call you for a conference call after we discover that we were all singing songs when instead, we should have been ringing our congress reps for support for our bills.

    Please Stop singing the blues and START Ringing(calling) the congress reps.





    longwait4gc
    02-23 04:58 PM
    Talk to your company lawyer first. I can try to answer few questions based on my interpretation which might be wrong.
    Hi,
    I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
    I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
    Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
    I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
    Yes you can start PERM but make sure you negotiate this condition before accepting their job.

    I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
    If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.

    A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.

    Thanks



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