Thursday, June 23, 2011

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  • mattrock23
    01-24 08:11 PM
    Would it be possible to have the View entry link show the updated version of my entry, please? I updated the link in my thread before the deadline but forgot to attach the updated .zip file. The final version of my entry is attached to my thread now.




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  • waitingnwaiting
    05-20 09:32 AM
    How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.

    FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.

    IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).

    I do not see any reason why IV should file a lawsuit for you. It will be a waste. On top of that, you have not even contributed $25 ever and now want IV to help you with its resources because you are stuck. I would rather IV work on big problem like recapture than individual problems. You should use a lawyer and pay him to solve individual problem.




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  • pappu
    09-09 09:45 PM
    Dear Members,

    IV recommends that you wear IV T shirts for the Rally.

    Here is a link to buy IV T-Shirts for the rally.
    http://www.cafepress.com/immivoice/

    If you are participating in the rally, please buy your IV-Shirt today. It would be help to convey the message if all the rally participants are wearing IV T-shirts. It would be even better if the T-Shirt would have the name of the State where you reside. IV volunteers have worked very hard to create the designs and products at IV merchandise shop. Check it out:

    http://www.cafepress.com/immivoice/3465245

    Pls start buying as soon as possible so that the T shirts can be shipped to your home before you come for the rally.




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  • SGP
    11-03 08:44 AM
    Aati Nahin, Aati Nahin, Saamne hai tu magar Aati Nahin.:D



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  • tabletpc
    08-24 03:08 PM
    Is it true that if we apply for candadian PR we can't apply for visitors visa to cananda.

    I want to apply for PR to canada and also would like to go for stamping to cananda sometime after 4-5 months.

    Thanks in advance...




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  • PlainSpeak
    01-13 10:06 AM
    I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far.
    Since you have a valid EAD you are good status vice. Of course you moving to EAD is letting go of the safety net of H1B but that is something you have no choice on. Make sure you apply for EAD extension excatly 120 days before the expiry of current EAD. Since you are EB2 2006 most probabaly you will only get 1 year EAD

    If I get laid off and my employer cancels the h1b, Am i out of status?
    If you get laid off because of cost cutting (and not because of performance) you might get some money form teh company depeneding on your number of years of service. You might also get extended medical coverage for your family fo rthe same rate which goes out of your paycheck currently for some time (CORBA rule). Employer will most probabaly cancel your H1B since total H1B count for each company is kept an eye on by USCIS. Cancelling of H1B will NOT make you out of status since you will automatically move to EAD. Best thing right now for you will be to not worry about layoffs but to start search for a new job .Remember on EAD a permenant open ended job is better than a contract job with a end date. If you have the option do NOt join a staffing firm.

    2) Can they cancel my approved i 140?
    Yes they can because a 140 shows a companies ability to pay and if they need to proceess new GC they wil have problem with existing 140 which tehy do not need to hold since candidate has left. Most probabaly in your companies case since they are in a bad situation financialy they might not cancle 140 because cancellation costs money too. In any case register your 140 on USCIS case status website and keep checking it everyday for any LUD's. If an LUD happens on your 140 and IF its because of company cancelling the 140 uSCIS will send you a NOID (Notice of Intent to Deny) which has a time limit of 30 days to reply. The reply will be that you have joined another compnay with similar job and ur AOS intent is satisfied. For that to happen you need to have another job if and when you get NOID. If no reply is made to teh NIOD then USCIS will cancle your 485 and tat would be bad for you

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
    See above ....

    Hope i was able to help you. I went through the same thing so if you need additonal clarification go ahead and ask me



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  • seahawks
    09-11 08:02 PM
    Congratulations, we have 23 members join the local WA state chapter! Welcome everyone who signed up. Calling all WA state, Oregon members to please sign up with the group link below. We need as much support as we can to support IV initiative.




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  • hate_me
    12-16 04:45 PM
    I got my licensed extended till EAD expiry date and they have given me an month more than EAD expiry date, this was done in Wayne, NJ, and I know atleast 20 people who got their license extended on base of EAD in Wayne. Your friend might not have provided other required documents, you just dont get license renewed on base of EAD only, you have to provide address proof, SS etc. Your friend might have missed some of the documents or he might have shown attitude to the the clerk, or that clerk might have taken lessons from USCIS employees in creating their own rule.


    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?



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  • bigboy007
    04-17 01:52 AM
    bumping...

    Valid question but you remember you port the labor to I140 becoz of same / similar duties . Once ported I think its same as any labor and your duties are based out of initial I140 / Labor. So You might consult a lawyer but you might hear the same




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  • njboy
    05-30 06:49 PM
    the reason she was denied is because she is young



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  • thomachan72
    01-10 06:15 AM
    Hello All
    Similar experience at Mumbai Consulate. Being a full time employee, and after showing all paystubs, employment letter , VO was not satisfied. 1/2 of the time , he was under impression that I was still working for a company, whose visa was stamped in 2008. :)

    Another reason of frustration is they did not check all the documents I sent , which were mentioned in the green slip. Inspite of sending Research Document, I had got the reply saying that I did not send the Past, Current and Future Research Statement. So I resubmitted all the documents again on Dec 23rd,2010 . also added I am not working on any research topic presently or in near future . After that I did not hear back from consulate. So that means my case has been under processing?

    Did anyone get the receipt of documents submission in response to Green Slip?

    Please let me know

    Thanks and Good LUCK

    DResearch statement? Have never heard about that one! Are you a postdoctoral research fellow?




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  • pointlesswait
    08-01 03:17 PM
    just send one thank you card and some flowers..to the senator on behalf of IV!
    signed by 20000 forum members....
    i dont think calling and thanking him is a good idea!



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  • sabbygirl99
    03-28 04:45 PM
    You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.

    A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.

    You can do labor certification without H1 as long as employer is willing.




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  • immigrationbond007
    06-14 09:22 PM
    They should arrive within 90 days of applying. They are not related to the Priority date. ;)

    First, Congrats to everyone and IV Core Team!!

    Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).

    My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.

    My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?

    Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.



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  • sw33t
    05-31 11:47 AM
    /\/\/\/\




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  • jonty_11
    07-31 01:54 PM
    u have to file 140 for ur old labor..once that get approved....u can interfile the approved 140 onto ur pending 485..(filed with PERM labor/140) and request USCIS to use the PD of the old Labor/140...

    Confirm with lawyer...



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  • bzuccaro
    11-08 05:23 PM
    SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
    PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
    ________________________________________

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.




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  • MAEB2TR
    09-04 10:34 AM
    This is what I found in another thread:
    "06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
    � This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
    � However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
    � According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
    o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
    o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
    Name of 485 applicant
    Name of I-140 petitioner (employer)
    I-485 Receipt Number
    "A" Number of the 485 applicant
    Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
    New I-140 to be inter-filed
    Statement requesting new I-140 be inter-filed with the pending I-485 application.




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  • dealsnet
    06-17 08:28 AM
    You can extend H1B, if your labor was approved before I-94 expiry date. If it happens, do premium for I-140 (15 days), with approved I-140, you can extend upto 3 years.




    Sunx_2004
    10-22 03:50 PM
    Cheques cashed on Friday got all receipts number today.

    July 17th no receipt yet

    Just chill
    ;)




    izolo
    06-04 02:21 AM
    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me



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