27.6.11

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  • senthil
    02-08 09:55 AM
    just a word of caution, after seeing these bulletin's for a while now.

    "dont get your hopes high. it will be just a waste of your time"





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  • 485Mbe4001
    07-31 07:01 PM
    According to my lawyer, " dont worry, USCIS routinely redistributes cases between offices to adjust its workload." (confirm with your lawyer too)





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  • GC_1000Watt
    08-04 11:48 AM
    I thought that I will share my recent experience.

    I arrived in USA in 2003 on a L1 visa.
    It was expiring soon, but instead of renewing, because of fear of denial, my company converted me to H1 using premium processing.
    Department of state was going to close the VISA revalidation process, so in 2004 I sent my passport to them and got a h1 Stamp (within the USA).
    I changed my employer later using H1 transfer and they kept renewing my H1 petition.
    My new employer also started my GC processing and in Jul 2007 I applied for my 485 along with wife's.
    Since then I have been working with the same employer on EAD.
    After a long time I wanted to visit India, so applied and got my AP.
    Although I had my AP, I wanted to visit India, get an h1 stamp and reenter on H1.
    This is because EAD is taking too long for renewal.
    I went to India, visited Mumbai Consulate, they did not ask me a single document.
    They understood that I was asking for a stamp after 7 years, so they asked me "so your GC process is ON huh?". I said, "Yup".
    No other questions asked.
    I got my h1 stamp in 2-3 days.
    Planning to reenter USA on that stamp.
    Once I return my company will switch me from EAD to H1.
    Hopefully EAD will arrive after that.
    I will just keep that handy.
    If I move to another employer, I will have a choice, use H1 or EAD.
    I am keeping my H1 for the only reason, that if 485 gets rejected for any stupid reasons, I will have a way to fall back on something.
    I have a house and a small kid born in the USA, don't want to have ANY illegal status, even for a day.
    Wife will continue to work on EAD.
    H1 is valid for 3 years, so I can travel to and fro USA to other countries with much more ease than the AP.
    Plus I don't have to pay the crazy AP fees each time.
    Please do comment if you find this information useful or any issues in my plans stated above.
    I will update this post when I arrive back in USA.

    Thanks for sharing your experience. Please let us know where did you get your stamping and also what questions and documents were asked?

    Thanks.





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  • pappu
    03-31 12:43 PM
    If you have extra time, please send this to all major media outlets on the east coast using this form and inputting zip cdes of big cities.



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  • new2gc
    03-31 03:00 PM
    Done...





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  • zCool
    04-02 11:16 AM
    all of them and then some..!
    Luckily I work for a genuine american company..
    In org chart there was just 1 non-white sounding name.. mine:)



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  • gc4me
    08-11 02:14 PM
    How do you know that you case has moved to local field office?
    For July filers, to manage the work load, USCIS forwarded applications (so that they can process EAD, AP and 485 receipt in a timely fashion) to CSC or VSC. For example, I applied to NSC but was forwarded to CSC and now they are back to NSC. My 485 status currently shows exactly same as your daughter's one.

    It means that THE CASE HAS BEEN TRANSFERRED FROM CST TO NSC. NOT A BIG DEAL.


    Got following email today on my daughters case today. NSC July Filer. EB2 I Mar 2006.

    All our cases show this status now.

    Any idea what happens next?

    Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.





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  • smsthss
    11-19 02:00 PM
    How abt ur exp letters.Do u submit one if so maybe the format or something
    nope i did not submit exp letters cos my attorney said it was not needed bcos the LC did not say anythin about experience.



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  • sledge_hammer
    02-15 02:12 PM
    What you are advising her/him to do is lie to USCIS that he/she is sick when she is not. This is on the same lines as doing what those guys behind bars did, brining people on H-1B from India to the US without actually having a job for them.

    Again, its people like you that is giving genuine legal immigrants a bad name, and putting us all (including yourself) in the LONG immigration queue!

    I see that you have written letters and participated in other campaigns. None of those will materialize if you're teaching others to missuse the H-1B system. How hard is it for you to understand that these are the kinds of loopholes because of which we are stuck with no visa numbers?

    Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that flies with the USCIS.

    good luck
    kris





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  • BharatPremi
    03-28 01:51 AM
    Please bump this up



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  • lazycis
    12-20 12:52 PM
    Recent update from Murthy seems to confirm our theory that I-140 has to be approved to interfile

    Interfiling Issues : Cannot Switch I-140 Petition from Primary to Dependent
    �MurthyDotCom
    Interfiling is a procedure that allows an applicant to change the I-140 petition upon which the I-485 is based. Essentially, the I-485 is filed based on an I-140 petition, but the applicant wants to proceed through a new or different I-140 petition. Interfiling permits the individual to "switch" the I-140 upon which the I-485 is based.
    �MurthyDotCom
    In a scenario where both husband and wife have independent I-140 petitions filed by their respective employers, and where there is a set of I-485s (one for the primary spouse and one for the derivative spouse) filed with regard to one of the I-140s, there is no option of interfiling based upon an I-140 approval for the derivative spouse. This is because the roles of derivative spouse and primary applicant would have to be reversed in this situation. There is no mechanism when interfiling to shift applications from derivative to primary and from primary to derivative, therefore making them improperly filed with the other I-140 petition. Of course, if the same person has an EB3 and now an EB2 I-140 petition, the USCIS will allow the EB2 I-140 approval to replace the previously-filed EB3 I-140 petition approval.





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  • iptel
    06-23 10:06 AM
    If the minister talks to the US President regarding VISA retrogression problem,How the outside world will come to know ? The discussions will be kept confidential ! I don't think everything will be disclosed to the press. VISA revalidation is another thing he can talk to US Secretary of State.
    Wel well well...
    If the minister talks to the US President regarding VISA retrogression problem

    What Good will that do US President in several instance has supported our cause Presidents Economic Report 2006 is one such instance. Obstacle is HR not US President. President along with senate is trying to get CIR passed problem is path to citizenship of 12million Illegal in the same bill that is raising eyebrows.

    How the outside world will come to know ? The discussions will be kept confidential ! I don't think everything will be disclosed to the press.

    Both nation has tremendous freedom of press what happens is ones bedroom is not confidential what makes you think this will be. Our GC is very trivial issue in the world of International politics.

    I am as frustrated as you are In time like this prudence should rule our thought and action not frustration.



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  • ZeroComplexity
    07-14 09:01 PM
    Shouldn't the processing move quickly because of non-availability of visa numbers, the apps are reciepted anyway. Are they pre-adjucating I-485 applications?





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  • gk_2000
    05-05 01:26 PM
    lol i gave you green for the helpful entertainment ;)

    Unfortunately there are some dimwits here whom the explanations didn't help in understanding.. I give them reds for not helping by trying to understand by asking questions and being dumb instead



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  • kaisersose
    08-24 02:01 PM
    So, does that mean there's no need to invoke AC21 after you get you get EAD, if you want to change employer before 180 days of your filing?

    if you change your employer within 180 days of 485 RD, the employer can revoke your 140 which will invalidate your 485.

    After 180 days you can switch using your H-1 too. The EAD is not necessary.





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  • pd_recapturing
    03-04 08:12 AM
    I have read about some cases where ppl who had one of the PDs current, tried very aggresively and got their 485 approved. I have not seen many cases though. Everytime I research on interfiling, I always find those couple of cases so in my opinin, interfiling is not very common. Its a unknown territory as its not a paid service from USCIS.



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  • eb3India
    10-05 10:39 PM
    We have many in our company went back to India after applying 485 or with pending labor, their GC process still in progress

    but they choose to goto India mainly becuase of uncertain GC process

    I myself have a good offer from my company which I am pondering on, I am stuck here for a while to finish my masters

    if I go back to India, it could be that I might taking many more jobs, as I need to train and build a team in India and replace my team here

    oh well, I am sure there are stories similar to this we got to find it, we need to show losing one skilled labor could also mean losing many more





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  • maverick7648
    12-10 10:10 PM
    How is omnibus going to help guys who missed train?Most of the fixes(and for most part most of threads on this site) are for guys who have filed 485.I, along with lot of my friends, are early waiting for new H1Bs to get approved.Is ominibus going help us?





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  • maheshf
    01-24 09:22 PM
    Thank you all for information. I confirmed with our lawyer one more time

    here is the response

    "It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �


    I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.

    If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.

    Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.





    jetflyer
    06-13 01:27 PM
    You have to stick to Software Engineer field in order to take advantage of PD recapture. If you move to Business Development using MBA than its hard to justify same or similar. Find a new job which requires EB2 and show BS+5 to qualify.
    Hope that helps!





    WeShallOvercome
    08-24 03:49 PM
    Thanks for your reply "WeShallOvercome", The question which you answered is on top of my head from so many days, I asked some many people and they are not sure, Thanks your help

    One more question is right now my wife is on H4, My I140 and 485 are in pending, if my wife got EAD she can use it right?
    2) If my I140 denied and her EAD become Void, Is she permitted to stay in USA or She needs to go out of country and enter with h4 status?

    Thanks
    Ajay

    I do know that you guys will be safe on your H1 and H4 status. I do not know for sure if she needs to go out of the country and re-enter on H4..I've heard something like that before though..