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  • SertTurk
    07-19 01:59 PM
    Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form when the bulletin is showing April2002. He says we are not eligible for that...And then he said "if the date was current, you would be in Turkey for consular processing and will not need file"





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  • jthomas
    05-05 06:16 PM
    What happens to the GC petition? I guess that is probably also Amit's concern in the long term

    - cheers
    kris

    It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.

    I have a canadian PR so i took the risk of taking unemployment benifits.

    you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk

    Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.

    J Thomas





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  • gc_chahiye
    08-26 12:59 PM
    This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.

    not true. For H1 extension you only need an LC >365 days old, or I-140 approved. Just 485 pending does not matter.

    If your I-140 is approved and your PD is not current, you will get a 3 year extension irrespective of 485 filing or not. This has also been confirmed by the USCIS in its recent FAQs.
    If your LC is >365 days old you get a 1 year extension.





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  • Hinglish
    03-05 12:39 AM
    Dont worry about it ...
    appear for the FP ...
    I had a major cut on my finger, they tried but could not take a good print and finally asked me to come in 15-20 days using walk in along with the FP notice.

    The important thing is DO NOR miss the appointment ... show up there and let them tell you that they cannot take the FP



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  • gc_buddy
    11-18 02:35 PM
    Dear Members,

    One of the IV member recieved a phone call from Ombudsman office and is as follows.

    -----------------------------------------------------------------------
    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.

    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)
    ----------------------------------------------------------
    The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.

    With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters





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  • vikki76
    04-21 05:43 PM
    This is first one I am hearing. If your occupation was anywhere in IT (QA, Programmer, Web Developer, DBA, ERP (SAP/Oracle financials), semiconductor etc),,it should have gone through



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  • solaris27
    03-06 08:14 AM
    Congratulations





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  • desigirl
    01-28 10:56 AM
    Check out some of the reactions (article as well as the comments) to the President's call for Immigration reform!

    Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)



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  • gcseeker2002
    02-07 10:56 AM
    I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
    Oh NO, if this happens then it will close the last door on many people.





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  • manand24
    07-27 02:55 PM
    Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
    Gurus, any body know how USCIS will process 485 applications?

    If the dates are current, then from what I have heard is USCIS will process the 485 applications based on the RD, if the dates are not current then it is based on PD.



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  • Raj_345
    07-11 04:51 PM
    Thank you so much for the information :)
    I am sure this information will help many ppl in this situation...I'd really appreciate if others can chip in their thoughts as well...





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  • Nil
    05-04 05:07 PM
    i travel this leg regularly - at least once every year. 2 hrs is good enough. Pls ensure you have a stamped visa when returning.



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  • member123
    09-17 10:10 AM
    Any idea what we are trying to achieve here?

    If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.

    the reason is to see the processing date relation with LUD, i am sure like we all can see that USCIS has no standard pattern.

    many of them has LUD 08/05...i read here that someone applied in april end in tsc lud before 8/05 got approved, and someone who has filed before april at tsc and lud 8/05 no update yet.

    which is my case too, so was trying to see if any one in the same boat like me and has any other update.





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  • number30
    10-26 12:14 PM
    Hi,

    I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?

    Will there be any limit on how long can I work from out side of US, if I can?

    is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?

    Any help is appriciated,

    Thanks,

    Mickey

    Where will they pay your Salary? If they are paying you in India You do not need EAD Usually if you are working out side US you do not need any kind of authorization from US. You need to get the authoization from country where you will be working.

    Your GC process can continue here. For Re-entry purpose keep your AP current or H1 status current with the employer. So that you can back once your green card is approved.



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  • elusive
    07-10 01:13 AM
    Hi,

    I got the standard RFE
    1) End date in client letter
    2) EE relationship
    3) show project validity till h extension requested( 3 years)

    RFE response to be received on or before July 10 2010

    With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR

    My question is

    ) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
    2) Or will USCIS will accept the respnse since it was posted before on 7/9

    I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...

    any advice please





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  • Googler
    07-18 08:31 PM
    Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.



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  • jayleno
    01-08 02:40 PM
    One more new option. As a successful business person, why not go for the investor visa EB5?
    By the way what kind of business is it? Sorry...I guess its none of my business...or I should mind my own business instead of giving lame suggestions.

    Hi, this is my situation:

    - I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
    - In the other hand, I have my own business. I have and EAD (work permit) and SSN.

    Questions:
    1. Which of the 3 options do you recommend us to get? Why?
    2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?

    Thanks
    Jime





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  • hoggus
    11-30 01:14 AM
    Thank you very much for the replies.

    Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.

    About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?

    Again, thank you for the advice.





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  • ram04
    01-28 10:49 PM
    It seems we are in synch.
    Sep 04

    MTR approved in December 09.

    RFE for EVL on 23 rd Jan 23 rd.

    Replying this week.

    Let us see what is in store.





    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





    snathan
    03-20 01:04 AM
    Yes



    No. You will need new visa stamp.

    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.