Sunday, June 12, 2011

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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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  • ebizash
    02-06 11:50 AM
    I was in the same boat last year when I was being promoted and was given 16% increase and a change of title. So my HR asked our immi attorney about any issues (my I-140 was already applied and pending at that time). My attorneys said that there is no issue for H1 as well as GC but they said that they have to file an amended H1-B petition for the promotion, change of title and pay hike.

    I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.

    I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.





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  • burnt
    06-24 10:50 AM
    Even I have got same message yester day. But now it shows the package was delivered when i checked today morning.

    I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.


    I-765

    USCIS
    Texas Service Center
    P.O. Box 851041
    Mesquite, TX 75185-1041

    I-131

    USCIS Texas Service Center
    P.O. Box 851182
    Mesquite, TX 75185-1182

    Thanks

    Send them in a different packet to separate post box numbers. Do NOT send in the same package. They will get another reason to delay your application processing.
    On a separate note. This morning the USPS tracking says its delivered and signed for at 6:00 am this morning. :-)





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  • nchendica
    06-24 06:53 PM
    I am also on the same boat. Did you get answer for your question? i.e. linking your old 485 to new I-140?


    Thanks,
    Naga

    Hi,

    My company gave ma a substitution labor and it is having a problem in term of degree.
    My I-485 is also pending based on that I-140.

    1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?

    2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.


    Please advice.

    Raj Soni



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  • lost_in_gc_land
    01-31 01:24 PM
    Hi statuslaw,
    Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you

    Rahul.





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  • nish
    10-07 11:41 AM
    Troll Alert.

    This is a Fake post. read word by word you will understand.

    Read all the posts by user nish. he/she is an anti immigrant.



    In one of the previous posts the same user tries to taint l1b visa holders.

    How could you say that I am anti immigrant? Here I have post this query to get suggestion from people and am not doing any anti immigrant things over here.

    I did post one of the query for L1 few month back..it does not mean i am anti immigrant

    how did you say about this?



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  • vish77
    08-01 08:57 PM
    My wife's federal loan got approved with expired I94 stamped as parole





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  • bestia
    03-12 03:18 PM
    Both lawyers are right. To get the correct answers you have to be asking correct questions.

    If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.

    From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.

    The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.



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  • kaisersose
    01-22 04:37 PM
    The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.

    But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.

    ===

    ...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.

    ===





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  • casinoroyale
    01-31 02:18 PM
    Ok, this is a tough'ie.

    You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).

    That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.

    Consult a lawyer before you take any step.

    Thanks.



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  • hpandey
    03-12 10:18 AM
    Interesting. I never received the 1099-INT. Will talk to my bank.

    You would receive the 1099-INT form only if your interest income is above 10 $ . If it is less than that you won't get it . That's why probably you did not receive it if you had negligible interest.





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  • candylady11
    01-26 04:03 PM
    I asked about taking money out of a salaried employees pay to cover the cost of payroll over-ride from hourly employees. If Manager doesn�t have a contract, never had one, and nothing in writing to say you will be responsible for hourly employees if payroll goes over employer�s budget, can he take the money from the managers pay to cover this over-ride? Do you think I will be right if I took legal action against this sort of Payroll-Robbery?



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  • Ramba
    07-29 12:55 PM
    He did ask me who filed for the GC so he knew mine was EB case.
    Elaine,
    Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
    thanks,

    If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).

    As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.

    http://www.uscis.gov/files/form/I-131instr.pdf





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  • bijualex29
    05-26 06:51 AM
    Analysis of Visa prediction if Bill passes in senate in current form


    90,000 visas to clear backlog, 10% county limit.

    9000 visas per country limit, India get 9000 visa (EB-1, will get additional 10000 visas ).

    Can some one interpret the law whether unused visa will be spilled to oversubscribed countries?


    Current law EB-2 and EB-3 only 40,000 visas for EB-2 and EB-3 out of 7% goes to each country 2800 visas for each country.



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  • f_b_2007
    07-19 11:35 AM
    Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??

    tnx.





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  • nivasch
    02-09 02:27 PM
    willgetgc2005

    Check this Out:
    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.
    Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm

    =======================

    Hi,

    I am having issues with my Immigration Attorney. I had asked him to initiate
    enquiry about my 485 status about 3 times over the past 2 years and each time he replied via email saying he has sent the enquiry. he usually is very flaky and at times even lies or avoids my calls and emails. I am paying for his
    service and not my company.

    In nay case, I needed those documents he says he sent as enquiry for my records. When I ask for it, he says he will send it but is just not sending it despite about 10 follow ups over the last 3 months. He says he will send it.I suspect he never initiated the enquiry and just lied to me. So now he is in soup.

    He has screwed me and others up like this several times. I really want to refer him to ethics tribunal or something like that. What are my options ? I have been very frustrated with him for the last several years.

    Please suggest.



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  • shantanup
    10-12 07:59 AM
    Even I recieved 2 copies each of FP notices for me and my wife. I don't know if my lawyer got one, if any.





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  • immigrant2007
    09-26 12:46 AM
    time to sart a campaign.....hey I am legal, I applied for GC in 2001 and govt will give it to me after it has given to all 245i, and everyone and that happens to be in 2012, so how abt guys in 2002,2003,2004?
    When it was time to give GC govt wasted all our numbers now they dont want to give us.

    BTW is there really a law that disallows using unused visa number for a given fiscal year oafter the end of that fiscal year? If so where is it and how does it read like?





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  • indianoverclocker
    06-30 08:20 PM
    Hi!

    My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.

    How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?

    Please advise.





    alien2006
    09-27 03:25 PM
    Okay this might seem really silly, but ... we got two kids < 2 years and our FP apt is at 8am. That's definitely going to mean cranky kids so I want to prepare as much as possible for the worst.

    Question - How much time does the FP process take for two people? Ours is code 3 - fingerprints, photos, if that makes any difference. Is there typically a long wait at the USCIS centers?





    gceb3holder
    02-27 06:32 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.