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  • EB2_Jun03_dude
    11-29 03:55 PM
    I am assuming there should be a problem at the POE





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  • jonty_11
    05-05 05:57 PM
    I think this kind of question can be best answered by USCIS.....
    So when u call next ask this...





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  • same_old_guy
    06-26 02:20 PM
    Could you please point out the section where it says dual intent for H1 will be removed ?





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  • days_go_by
    08-04 07:20 AM
    from immigration-law.com
    08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?

    * The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
    * For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
    * The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.



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  • ck_b2001
    07-26 02:56 PM
    I didnt send the checks,our lawyer did.So,i dont have a clue when they were cashed.

    Can any one tell the time between check cleared and Notice issued. My lawyer sent the checks and he will never bother checking his account daily for me. Hence Notice is the only thing i will get.





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  • imind
    03-12 03:37 PM
    If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.

    Thanks.



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  • kroy1976
    04-13 08:54 AM
    Hi,

    First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.

    I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.

    I have a AP, valid through January 2011 and a EAD valid through August 2010.
    Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.

    I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?

    Any information will be highly appreciated.
    Folowinga are the documents, that I would be carrying:

    a) I 140 approval notice.
    b) I 485 receipt notice.
    c) valid EAD
    d) valid AP
    e) AC21 protability letter from my immegration layer.
    f) I 140 support letter from my new employer.
    g) Offer letter from my new employer.
    h) termination letter from my earlier employer.
    i) Address proof
    j)W2

    Can anyone let me know their expirence if faced similar situation please.





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  • keshtwo
    07-05 04:32 PM
    Dudes and Dudettes,

    Stop whining. The DOS giveth and DOS taketh away. Its nothing to do with our being united or not. If we could do anything concrete, believe me, people would be on it. no one wants to waste time on inconsequential ideas.



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  • nolud
    02-11 03:33 PM
    I received a letter from uscis/DHS on Jan 28.
    It was in response to my request about my wifes I-485 being in namecheck for a long time.

    The response stated:
    "The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."

    Does this mean that the namecheck has been completed?
    What is "requirement review"?
    Did anyone else get this type of letter?

    Wifes Case dates:
    PD - Jul 2003
    Interview Date - Jan 4 2006
    Type - Family based ( on marriage )
    Info Pass - Sep 2007
    Last FP - Oct 2007
    LUD - 10/2007 ( probably because of FP )

    Current Status:
    On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Note: If this is the wrong forum/area, please advise where is this question best suited for...
    Thanks to ALL





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  • desi3933
    02-23 11:03 AM
    Hi

    We are in AOS pending status. I am on EAD.

    After seeing the economy I am planning to send my wife to India. She is pregnant (2 months). Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485. (Visitor visa Etc..)

    Any suggestions.

    Thanks

    Since you are not on H1 visa status anymore, child can not get H-4 visa to enter into USA. Your child must get immigrant visa as follow-to-join. Immigrant visa can be issued only when your PD is current. You will need to file I-824 with USCIS. (Link for I-824 (http://www.uscis.gov/files/form/I-824.pdf))

    ________________________
    Not legal advice.
    US citizen of Indian origin



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  • morchu
    08-02 01:14 AM
    I believe it is worth the 180 days wait. And AC-21 is practical for a lot of situations. Anyway you dont really have to wait 180 days, if you can convince the current employer not to revoke the 140 (at least for the next 180 days).

    My answer should have been different if you were not eligible to file 485.
    Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.

    EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.

    I was contemplating on job change before dates became current in June and decision to accept 485....

    Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).

    Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).

    So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)

    (I am single and those complexities are not to be considered I guess yet.
    Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)





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  • eastindia
    04-26 02:14 PM
    Why did we all come to USA?

    Did any of you knew the Green card problems when you came?

    Did you know the problems when you applied for greencard many years ago?

    When was the first time you found out there was a ling wait period and so many problems?



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  • roseball
    03-29 08:43 PM
    I got the RFE notification in the mail yesterday and here is the RFE info:

    The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".


    I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.


    1) Did anyone receive such RFE?
    2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?

    3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
    Is there a way to buy some more time if i cant respond back in 3-4 business days?


    Please advice. I really appreciate your help!

    Thanks in advance.

    Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.

    In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.





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  • sk.aggarwal
    02-16 08:29 AM
    Thank you very much for your reply.



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  • reddymjm
    02-10 07:39 PM
    EB1 ----> EB2 ----> EB3 <---- EB4 + EB5

    instead of

    EB4 + EB5 ---> EB1 ----> EB2

    Just for a change.





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  • sbajaj80
    09-12 02:49 PM
    Thanks tnite. Enjoy!!!

    I am July2 filer at NSC....based on LUD, I suspect, it has gone to TSC and no information ever since....

    Where do guys see the LUD? And what number do you call the USCIS on? Thanx.



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  • obelix
    07-27 03:14 PM
    Thanks.

    Yes, you need to know your original title that was used.





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  • no-tec
    10-22 08:20 PM
    you insult me than ask how i make them? i made them with.umm.. like 30 pages of actionscript. dynamic imported avi masking techniques, ray traced beveled three-d modeling rendering teqniques. yoou know. the usual





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  • unbreakable
    03-17 11:20 AM
    Thanks guys for your replies. Will keep you posted on my RFE.





    sk.aggarwal
    02-08 07:58 PM
    Good. Just make sure the lawyers are eligible to practice employment law in the state you have been sued in. Stay cool and just make sure this gets resolved ASAP. Attorney and law suits are very expensive and can run into several thousand dollars if you drag it longer. Save the trouble, hire an attorney with clear mandate to negotiate with your employer's attorney. Courts also provide an arbitration process. Tell your attorney that you don't have money and what will be the cheapest and fastest way to resolve this. See where it goes.





    pani_6
    08-24 09:27 AM
    I am not sure how the Bill gets intorduced into the senate...but if only the h1 increase is the sticking point in the skil .....for now lets only focus of the visa retrogression and the waiver for visa numbers for people with STEM degrees and quicker processing of BEC's....I think we need to get the benefit in smaller chunks...



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