Saturday, June 18, 2011

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  • akhilmahajan
    05-01 11:56 AM
    All the best indian..........
    Hopefully it will happen that way for you.............





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  • trueguy
    07-17 11:06 AM
    Admin should have closed this thread by now.

    Thanks.





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  • LostInGCProcess
    06-17 04:04 PM
    Hello,
    While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
    My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
    His title in both jobs is Sr Software Engineer.

    He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.

    Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.

    Just my 1 cent :D

    *Disclaimer*
    I am not an attorney. Please take advice from an attorney. :cool:





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  • GCwaitforever
    07-20 07:01 PM
    Please participate in the immigration lawyers conference call on 28th.



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  • Prashanthi
    09-04 01:34 PM
    HI All,
    I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.

    So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I don't have any travel plans at least a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.

    The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.





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  • whoever
    07-19 10:49 AM
    anyone help!



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  • dharmesh.pariawala
    01-08 02:37 PM
    I read on www.immigration-law.com

    01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform

    Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.





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  • pappu
    08-15 04:07 PM
    Pappu,
    Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
    I was urging members to contact any of the indian organizations listed as links to get support for our cause. These organizations are either formed by groups of professionals in a occupation or by regional groups from india. We have already got support from Indian Physician association and it helped us a lot when we went to meet lawmakers or spoke with the media. Likewise if other members could make individual efforts, it will be greatly appreciated.



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  • ashkam
    12-03 04:12 PM
    Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?

    Refer to this post (http://immigrationvoice.org/forum/showpost.php?p=234403&postcount=24) for a good answer.





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  • pachai_attai
    08-03 03:34 PM
    I received a NOID (Notice Of Intent Deny) from USCIS.
    Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.

    I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.

    When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.

    Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
    Did anyone faced a similar situation like mine?



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  • bkshres
    10-07 03:47 PM
    Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.

    Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?





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  • meridiani.planum
    04-01 03:34 PM
    inline...
    I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.

    RFE goes to previous lawyer and previous employer. The I-140 is their petition. Ask this lawyer why an RFE will even be sent to you for the I-140? The 485 is your petition, any problem there and the RFE goes to you/your-lawyer. The 140 is the employers petition.

    If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?

    the trouble is whenever there is a potential for an RFE, the case is by definition NOT "approvable". By definition the RFE implies that USCIS needs further information to process this case, and may choose to approve/deny based on your response to the RFE. An "approvable I-140" is one that does not need an RFE.

    Can't I myself respond to the RFE?

    no. other than online case status change you wont even know there is an RFE on your I-140. All communication is with the petitioner, who is your employer/sponsorer



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  • sanjay
    07-31 04:59 PM
    Neither me nor my wife had US degree. Both went to Canada for stamping. myself in Ottawa and my wife in Toronto with in a gap of five months and had no problems what so ever. 7 of my friends also went to Canada for stamping but no issues with them also.

    I think Canada is more safer than going India.





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  • Canadian_Dream
    01-18 05:01 PM
    The contrast correct, however the math behind is slightly wrong:

    Special Instructions :

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D

    So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.


    Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.

    Read below and find it yourselves

    A) What does it cost for average family of 3 for EAD and AP renewals?
    EAD Renewal Fees Form I-765 - $340
    AP - Renewal - $305
    Document Mailing/Correspondence - $ 30
    Photographs cost - $24
    ------------------------------------------
    Total per person - $699
    ------------------------------------------
    For 3 years, $2097/ person
    ------------------------------------------
    For 3 applicants in a family - $6291
    ------------------------------------------
    Driving Fees Renewal 3 times - $120 per family
    If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
    New I-9 forms to employer and all other mess $10
    Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.


    B) Contrast this with the effort to participate in the IV Campaign..
    Time that will take to write these letters - 30 minutes
    Stamp and Envelope Cost - $2


    Which is better? Red or Green. Do the math yourselves and see the truth.

    Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..

    Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
    Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595



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  • kubmilegaGC
    09-14 06:58 PM
    When you add things up = total 34 responses still waiting...this looks like a low number - anyone else care to vote - so that we try to figure this out on our own??





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  • Tommy_S
    03-08 02:35 AM
    heh... the problem w/ this is... all the sites seem to be influenced by one another... and progressively got better... you all should've kept your stuff under wraps until the end
    Voted for mlkedave. I like the style.



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  • pd_recapturing
    08-24 02:49 PM
    I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
    First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.





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  • neelu
    12-13 11:33 PM
    Try the easy way first, which would be to go to the port of entry where you got the incorrect I-94 and request them politely. It is really in their hands if they want to correct it.

    But then they usually tell you to go out of the country and get a new I-94. If you end up doing this, show the greatest expiration date, be it 797, or VISA, to the immigration officer.

    Whatever it is, you need to fix your I-94. Keeping your current I-94 will put you out-of-status once the date expires. Why the complications?





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  • ajay
    04-21 10:58 AM
    My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.

    Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.

    thanks





    ameryki
    10-02 11:06 PM
    murthy just sent out this info in his newsletter that went out today.

    Delayed EADs - Ombudsman's Suggestions to Expedite

    The current regulations on Employment Authorization Documents (EADs) require the USCIS to adjudicate EAD applications within 90 days. As many are aware, this does not always occur. The problem is compounded by the fact that it is no longer possible to obtain interim EADs at the local USCIS offices. Information on this matter was included in our previous article, available on MurthyDotCom, Interim EAD Problems at USCIS District Offices (Dec 14, 2007). The first CIS Ombudsman, Prakash , began making efforts on this matter that are continuing through the current CIS Ombudsman, Michael Dougherty. The Ombudsman's office released updated suggestions on September 19, 2008, for individuals who are experiencing EAD delays.

    Option 1 : Call the NCSC

    It is suggested that an individual first call the USCIS National Customer Service Center (NCSC) at 1.800.375.5283. It is important to note the date and time of the call, as well as the name / number of the person who answers the call. It is possible to explain that the EAD has been delayed beyond the 90 days permitted for processing, and ask for a "service request." This is supposed to result in issuance of the EAD or some other type of response within a week, according to the Ombudsman's update. Alternatively, it is possible to ask the customer service representative to request the EAD. This, too, should result in either receipt of the card or some other type of response within a week. The Ombudsman's update refers to the interim EAD, even though this is no longer issued by the local offices. At the Murthy Law Firm, it has been our experience that the requests described in the update primarily have resulted in the issuance of standard EADs.

    Option 2 : INFOPASS Appointment

    If the EAD has been delayed beyond 90 days, then it is possible to make an appointment at the local USCIS through the INFOPASS system. At that appointment, it is possible to request the EAD, even though EADs are not actually issued at the local offices. The local office should review the case for eligibility, and then forward the request to the USCIS service center where the case is pending. This should also result in a response or EAD issuance within a week.

    It should be noted that, while the one-week estimate may be a bit optimistic, we at the Murthy Law Firm have found that this approach is generally successful. Our recommendation is to make the appointment a week or two in advance, for the 91st day after filing. The reason for this is that local offices often have waiting times for appointments and if one waits until the 90th day to make the appointment it may result in more delay while waiting for an available appointment time. As with the call to the NCSC, it is best to document the date and time of the appointment, as well as the name of the officer.

    Option 3: Contact the Ombudsman if Other Options Do Not Work

    If an individual has completed both options 1 and 2 above, and the EAD has not been issued, then a third option is to eMail the Ombudsman's office at cisombudsman.publicaffairs@dhs.gov. It is necessary to include the dates and times of the call to the NCSC, as well as the officer's identification information. Corresponding details on the INFOPASS appointment should also be provided.





    gandalf_gray
    06-02 11:33 AM
    Nothing would change. If any, it'd be for better I guess.

    So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.

    If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.

    just one more Qn:
    My L1 ends Sep 3rd week.
    If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
    those 14 days out-of-status : How bad is it ?

    thanks.



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