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  • ossidon
    08-06 12:12 PM
    Wandmaker, Congratulations!

    I am hopeful too since like you my I140 had a LUD on 7/13. I am a Dec 04 EB2 filer and have an Infopass tomorrow to know the 485 status.





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  • Templarian
    05-10 05:03 PM
    ^MSDN is the help files.





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  • ujjvalkoul
    06-25 06:36 PM
    Thanks guys for all your replies & suggestions. Just to let you know, that I am paying for my whole GC process and I have been with this company since last 3 years. I have already completed one 2 year contract term with them and still they are asking me to sign new contract. To me, this is total blackmailing.
    Again ....the risk it totally urs to take.....!!!
    I am sure they are doing that so that they can suck u more after applying 485....so at this point even if u tell them it is illegal, they will not budge...





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  • cagcwait
    02-21 05:00 PM
    Info posted by BerkeleyBee in a different thread. This should be in the Resources section..


    ************************************************** ********

    BerkeleyBee's post in CA - Meet the Lawmakers thread
    Meeting with Dianne Feinstein's staff

    --------------------------------------------------------------------------------

    Feb 15, 2006

    Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
    Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.

    We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.

    TAKEAWAYS

    1.Getting the Word Out to Lawmakers

    � They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
    � The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
    � They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible

    BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.

    2.Content

    � They repeatedly said they were impressed with our presentation (go check it out).
    � They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
    � They liked the fact that we printed and bound two copies of the presentation to give them.
    � We also gave them copies of our tri-fold brochure
    � We also gave them a number tabbed, bound copy of the following

    -Must Read Documents on Legal Skilled Immigration

    a) CIS Ombudsman's Report:
    http://www.dhs.gov/interweb/assetlib...eport_2005.pdf

    b) GAO Report on Backlogs at USCIS
    http://www.gao.gov/new.items/d0620.pdf

    c) Exec Summary of NAS Rising Above a Gathering Storm
    http://fermat.nap.edu/catalog/11463.html

    d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
    http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html

    e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
    http://www.whitehouse.gov/cea/ch2-erp06.pdf

    3.Action Items
    � We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
    � They wanted to know more about how our meetings with other lawmakers are going.
    � I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
    � They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.

    BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.

    4. Lessons for future meetings with lawmakers/ Lessons for other states
    � Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
    � Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
    � Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
    � Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
    � Ask how you can follow up with them, what they would like you to do
    � Write to thank them for their time and reiterate your basic points



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  • vipatel3
    10-17 03:56 PM
    Hello Friends,

    I have not received my 485 and 140 , filing receipts . The documenst were mailed on 30 july to Texas Center. Anyone have any idea which the best way to get information on waiting time.





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  • casinoroyale
    01-07 09:11 AM
    I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP. One can also do H1B transfer to a different employer. Ofcourse, your exiting 797 should be valid while you are doing this. One can find this surprising, even after you "use EAD" you can ask for reinstatement of H1B status by filing H1 extension but one has to leave the country and apply for H1B stamp and enter on H1 to reinstate H1B status in this case.



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  • senthil1
    07-26 10:04 AM
    I am not sure about changing H4 to F1 as F1 is dual intent visa. I am sure mostly your wife's F1 will be rejected at Consulate as her spouse is staying here but I am not sure about changing status from H4
    to F1 here.
    If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer

    Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!





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  • i99
    09-19 12:39 PM
    ... this means nothing. it might mean "none of the above" in a multiple choice situation and might be put by mistake. might be good to have it corrected though. :rolleyes:

    --a person who does not know what happened to own application at all. :)



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  • kshitijnt
    07-30 08:02 AM
    I do not recommend E3 visa. As non immigrant intent like F1/B1 is required on E3.





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  • hsbaluja
    09-24 01:48 PM
    Backlog... This word is not in dictionary of USCIS.
    USCIS never think of backlog. For them new filings are like subscribing to them and it generates constant revenue for them when people file for EAD, AP etc..

    USCIS Slogan... KEEP FILING, YAHE HAI RIGHT CHOICE BABY



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  • meridiani.planum
    11-25 10:20 AM
    I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.

    As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.

    I second this advise. Just send the G28 and confirm in a couple of weeks to see if the attorney address has been updated.

    on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.





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  • tnite
    07-26 10:02 AM
    Hi

    I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.

    What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?

    Or better to apply EAD for me (not to my wife) after the I-140 approval?

    Please help me..

    Thanks in advance.

    --Raj

    Applying for EAD doesnt change your status from H1B to AOS. Using the EAD to get a job will change your status.

    If you continue working on H1B , even if your I140 gets rejected you're still on h1B.
    If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this



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  • mirage
    07-16 11:32 PM
    They are all liars. Everybody on the hill knows H1B pays all kind of taxes. It's not worth wasting time in correcting somebody who's not ignorent but telling lies, same is true with Lou Dubbs





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  • sagar_nyc
    02-10 05:31 PM
    My I 140 got approved in 2006. And my lawyer got approval notice. He also gave me copy of it. I just registered my I 140 case number on USCIS site. I was stunned to find out the status that
    Current Status: Notice Returned as Undeliverable.

    On September 19, 2006, the post office returned the notice we last sent you on this case I140 IMMIGRANT PETITION FOR ALIEN WORKER as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

    I immediately contacted my lawyer. He said that Since He have original approved copy of I140 , I should not worry about it.

    I tried even contacting IO. But IO told me that regarding I140 only employer or attorney can call to discuss further. She didn't give me any answers.

    Gurus what you think?



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  • chanduv23
    03-04 11:04 AM
    Dear IV Lawyers,
    First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.

    We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.

    i - 9 form clearly says that one cannot discriminate against EAD.

    At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
    A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.

    My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.

    My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.

    Your suggestions and comments are appreciated.





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  • ganguteli
    03-06 02:53 PM
    I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...

    So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.

    I think this is wrong.

    Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.

    What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
    Country caps can only be supported if there is recapture or increase in visa numbers.



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  • PALLO
    04-21 03:51 PM
    Thanks Morchu for clarifying this. I do not want to be unlawful at anytime. That's why I am trying to understand this process as best as possible and then plan accordingly. so when you say this "You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so" the only way to retain priority date is with approved I-140 .

    Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?

    Thanks a lot!!!!!!!!





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  • superdude
    08-15 02:03 PM
    One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.

    How was he able to file for 485?





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  • Pankaj
    04-17 11:04 AM
    I would suggest send an email, fax and certified mail asking your salary and give a time of a week.
    Fill WH4 form along with copy of H1 approval and submit to the office of DOL where you worked for that period.





    qualified_trash
    11-15 09:08 AM
    I head that Backlog centers is allowing people to convert their applications from TR to RIR. Can I know whats the process. I can ask my lawyer to do that

    I am sorry but you seem to be confused. Your post says that the RIR provision in your app was rejected and your labor app has been put in the TR queue (traditional recruitment). now you are asking if you can convert to RIR again??

    how will they let you convert when they specifically rejected the RIR?? I suggest you speak with a lawyer, and, understand this process completely before taking any further steps.





    sam_gc
    04-07 04:14 PM
    I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.

    Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.



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