Wednesday, June 8, 2011

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  • roseball
    02-17 06:06 PM
    Really speaking I care more for the dates to get current so I can add my wife to my GC application and get her an EAD and AP. After that I won't mind if I have to wait for some more time before I get the actual GC in hand

    If your employer has a EB-2 position open which you would be a fit for and if he is willing to start the EB-2 process, then I think you should go ahead with the process. The problem with pending I-485 inventory that USCIS published is that those are only the cases pending at NSC and TSC. They do not account for the cases pending at USCIS Field Offices and overseas consulates. Now coming to the main reason why EB-3 dates not moving is because of 245i (legalization of illegals) cases which were filed before Apr 30, 2001. All of them were classified as EB-3 and there were thousands of applicants. Most the applicants who filed for Adjustment within US are processed. But their dependents cases are still pending at the overseas consulates. Many of them were follow-to-join cases where the cases were filed after primary beneficiary got the greencard and they still use the 2001 PD. There are many such cases pending for consular processing. Though USCIS I-485 inventory only suggests 1100 cases before Dec 2001, there could be hundereds or even thousands pending in field offices or consular posts, hence EB-3 I dates aren't moving either.




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  • shana04
    02-15 02:24 PM
    If you have completed your 180 days with your 'parent' company.. then you are safe!
    It's safer to get H1 transfer as mentioned by seltzer above

    Your new company should be able to take care of AOS transfer for you which means change of representation - i.e. a new attorney representing your AOS case now AND change of job!

    I'm going through that process right now!

    Even though it cost you, I would prefer to keep one's own attorney.

    If not, you are repeating the same old story. What if you plan to move from this second employer...

    So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.

    Good luck.




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  • raysaikat
    05-04 03:41 AM
    Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

    1. What are my next steps?
    -

    1. File a report with your local police station. Get a copy of the report number, etc., and keep it for future reference.

    2. Inform the Indian consulate. They should be able to give him a new passport.

    For the rest, my *guess* is that you need to get in touch with the local USCIS office, or the airport immigration in order to get a copy of his I-94, and next time he has to go to US consulate in India (home country) for a new visa stamp.




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  • hpandey
    11-11 11:06 AM
    Either it is all a big mystery or a conspiracy. I agree with you that there can't be so many people from EB3-ROW from 2002 still waiting for their GC . Same with India and China. They are still sitting at 1st May 2001. I wonder how many people filed in 2001 that even after 10 years USCIS is still processing their cases.

    There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .



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  • katakamk
    02-07 09:55 PM
    Hi Kapil,

    what is your priority date & category (EB2 or EB3)? when did you apply I485?

    with regards,
    EB3 - 2003 PD




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  • GCard_Dream
    08-20 06:49 PM
    I received my "Approval Notice Sent" email on Aug 13th and actually received the notice on 16th. However, never received any "Card Production Ordered" email. From your post, it looks like you received the card production email before the "Approval Notice Sent" email. I am just wondering why I didn't receive any card production ordered email.

    I would imagine that once the 485 is approved, card production is automatically ordered. Any input guys?

    The Story Thus far:

    Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.

    I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
    I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse

    Aug 3: Card Production Ordered email received
    Aug 6: Approval Notice Sent email received
    Aug 7: Approval Notice Sent received in mail



    AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
    AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse

    PD: 03/13/03
    I-140 2 (EB2) AD: 05/06/09
    EB2 - India / MI / NSC



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  • subba
    02-27 06:57 AM
    Just an update from my front, for the info of anyone else in a similar boat.

    Consulate issued me a stamp to 4/30/2010.
    I re-entered US. The officer at the Canadian airport issued me an I94 for 3 years from arrival date (instead of all the way to 4/30/2010). I am sure I will travel some other time in the next couple of years and I expect I will get an I94 all the way to 4/30/2010 when I enter back.



    Here is my situation:
    Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
    Have another 3 year extension approval ie., 5/1/2007-4/30/2010.

    Will be travelling to canada on Feb 22nd for visa stamping.

    Few qns:
    1) Will the consulate issue me a visa all they way to 4/30/2010?
    If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?

    2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.

    Anyone have any experience with a similar situation?
    Your help will be appreciated.




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  • sweet_jungle
    11-25 02:30 AM
    Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email

    Ombudsman responded saying that my PD is the older PD. Looks like the earlier response was an error.
    NSC AILA liason has also confirmed it.



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  • atlgc
    11-12 11:49 AM
    hello

    i am applying for german airport transit visa

    i am travelling from chicago-frankfurt-bangalore on nov 30th and returung on dec20th bangalore-frankfurt -chicago

    in the application there is a question for date of arrival/departures

    do i need to palce nov3oth and dec20th


    any help/experiences are appreciated




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  • Kushal
    09-15 05:23 PM
    Will join...see you all in the chat room



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  • mr_rajeevsaxena
    08-16 07:43 PM
    Hello,

    Just Curious if anyone got receipt notice for any I485 application with the following:

    USCIS Receipt date: July 2nd
    Time: 11:34 am
    Signed by: B. GERKENSMEYER
    Carier: USPS Express Mail

    Thanks




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  • narenkasam
    01-25 10:44 AM
    did you change the address after filing for you I485



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  • ashoka
    09-26 02:28 PM
    I think everybody has LUD 08/05. So it does not help. I applied 485 on 08/08.




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  • gc_chahiye
    09-17 02:35 AM
    I am working with Company B on H-1b. My GC labor, I-140, I-485 and EAD is filed by Company A. Now, I am close to getting EAD in few weeks. Few say that once EAD is approved, then I have start working for Company A immediately. Others say that GC and EAD is for future employment with Company A and hence, I should start working for Company A only after GC is approved.

    So, I have two questions and need advice.

    1. When should I start working for Company A, upon approval of EAD or approval of GC.
    Ideally, I would like to start working for Company A upon approval of GC.

    2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.

    Please let me know if anyone has similar situation and need what the reality is when EAD is approved.

    Thanks.
    Kum25

    you dont need to start working for the company that sponsored your GC until you get the GC. If USCIS ever sends an RFE that company needs to confirm to USCIS that the job offer is open to you and provide a copy of the offer letter (it should match the LC). Your intent to work for that company on getting a GC should also be obvious (ie. if you currently make 5X what that company is offering for the GC job, you might have to convince the IO that you really intend to take up that offer).

    In the meantime you can do whatever you want at company B, either on H1 or on EAD.



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  • rama_mvs
    07-18 03:45 PM
    Hi,
    I have worked for the same employer who filed my 485 as future employment for more than 6 years. He filed for H1 extension in last November'2006. It got denied in June'2007. But he send this denial as Motion to Reopen Case . For my safety I filed another H1 with another employer during this time and I am working for the new employer.
    My 140 got approved when I am with my old employer itself. Now he is filing 485 for me as Future employment.
    My question is after I receive AC21 and also after six months of receiving the receipt for 485 . Can I jump to another company or is it advisable to work for the company who filed my I-485 until I get my Green card or for how many months ?

    Thanks,
    Ram :mad:




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  • krishnam70
    05-05 04:16 PM
    I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..

    If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.

    If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.

    I will leave it to the experts to argue the merits or demerits of this
    Good luck though
    - cheers
    kris



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  • dilbert_cal
    02-09 11:08 AM
    If you have a choice of LOA, you should go ahead and take it.

    RFE is not a must - if you do get a RFE, it need not be necessarily for paystubs. You should take LOA, start your job search and try to get a similar position asap and if you do get RFE, you will have a choice of going with AC21 or not depending on your RFE.

    Dont think that you will get your GC in a month or so - this process is very unpredictable and the more you be prepared for it, the better it is.

    Best of luck and hope you get your GC soon.




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  • maristella61
    04-20 09:22 AM
    He is talking about the original first letter of approval , not an extension


    Does any one have any input or suggestion?




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  • vinki
    10-27 01:31 PM
    hi !
    Thank you gurus for your quick response .... have one more question in mind ...
    Is it a pre-requisite to have SSN before applying for a job ?


    thanks
    Vinki




    MCQ
    08-07 05:28 PM
    I should have added - I'm STILL employed by them - that's how smart and forward looking they are - been bought over twice, but same management is still in charge of my division and same attitude still prevails

    McQ




    chilushah
    11-03 02:30 AM
    Team, My Labor is filed under PERM was Audited and now approved.

    For, Qualification it says Bachelor + No Experience
    However, in Skills section it says 5 years of experience in Software Development (.NET).

    I got Audited and was required to provide Business Justification for 5 years experience for software developer position.

    Can this be applied in EB2?

    Thanks!



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