Wednesday, June 15, 2011

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  • WeShallOvercome
    07-26 01:49 PM
    I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.

    All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.

    I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.

    I don't have all the I-94s either. I do have the visa stamp on my passport.


    Man,

    First of all change your title. It looks like you actually did get an RFE !
    Secondly, they do not ask for your status since first entry. They look for last entry.
    I've never seen any RFE like this.
    I know 200,000 people who do not have their past I-797s and/or I-94s, none of them is worried....

    If Immigration let you enter ona visa last time, alll your previous sins are forgotten!

    Chill

    And please change the title





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  • gcchaahiyey
    04-07 03:53 PM
    But what happens if they send out FP notice and she doesn't do FP...it is going to be few years to get divorce as we have daughter...So i am pretty much sure i will get GC before we get divorce...At this point i cannot let USCIS know also because we are not yet divorced.


    Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.





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  • LostInGCProcess
    02-04 06:30 PM
    thx vhd999,

    was it Fedex/UPS envelopes or USPS ones?

    thinking of sending both :-)

    If at all you would like to send, then better send USPS overnight envelope. They are also very reliable.





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  • txh1b
    08-18 01:27 PM
    WH-4 Form is meant for complaining against employer.
    Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
    after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
    file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
    company(bodyshopper).

    WH4 has nothing to do here with this case. WH4 is not panacea for anything to everything.



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  • ras
    08-26 09:29 PM
    I am not well aware of what is to be done. But isn't it a good idea to mail USCIS explaining the situation and possible extension you may need. This keeps USCIS informed about your situation in advance.





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  • aquagirl
    05-22 09:31 PM
    Where in the application on the vfs website, can I add another family member? I was not able to find the place to enter another petition no. or passport no.

    If we can only take one appointment per family, will the counsulate people review both, my husband's and my H-1 docs together?

    Thanks



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  • pdakwala
    04-29 12:00 AM
    Thanks for your continuous support.

    Who says that we will not succeed in removing the current retrogression.
    Who says that IV can not achieve anything.

    When you do some thing from the heart you can't go wrong. IV members are contributing second, third, fourth and some even fifth time. This shows the confidence level. Keep it up. You all have made us proud immigrants.

    Thanks to all those who have contributed.





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  • makemygc
    06-14 11:21 AM
    Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.

    As per immigration-law, filing h1 extension could be a problem along with EAD, as H1 ext can be rejected. See my earlier post.

    Has someone done this earlier??..



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  • a_yaja
    01-02 01:52 PM
    Guys, I am in the same boat with my passport expiring in 2007. I will have to get a new passport since the current one was already valid for 10 years (issued in 97).

    Does any one here have any experience / ideas on how long it takes to get the new passport from the consulate here ?

    Thanks !

    It took me just three days to get the passport from New York. I sent it by "Next Day" USPS on Monday (there was an option to get it delivered by "Next Day" USPS) and I got it back on Thursday by 10:00 a.m.





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  • gonecrazyonh4
    05-12 03:02 PM
    Please help on this situation.


    LC in Backlog center
    Not able to file I-140, spouse not able to work, life on hold.
    Company going to file PERM in 2 months time.
    Currently on H1b 6th Year and will be on 7th year in 2 weeks time
    7th Year extension already received based on LC filed with priority date of
    March 05
    Sick and tired of current employer,Can he move to a new employer?

    New employer is willing to file PERM, Is it possible for trasfer the H1B to new company ? What is the current employer revoke the LC before the PERM is processed? Will he lose status? Is there any guidelines on moving to new employer while on 7th year extension with No end in sight for GC process?

    Anyone in similiar situation? Please help



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  • letstalklc
    08-16 03:34 PM
    I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?

    As per my knowledge, in order to work with the new employer, you have to have a receipt number.





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  • immique
    03-30 12:27 AM
    please update us on when you get your visa and please post your entire experience as it would help others. you should have applied for AP while you are in US. Now that you are outside and do not have AP, the only options I see are you just wait on the visa from US consulate in Canada or alternatively, you can request your passport back telling them that you would like to apply for visa in India as you cannot stay in Canada for an extended period of time.



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  • amitjoey
    01-22 06:26 PM
    I Salute you, IV Core





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  • me_myself
    03-05 01:03 PM
    Yes, i will be working in Indian subsidiary for my current employer.

    If i am away for 1 year is there a risk of my h1 getting revoked?



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  • sweet_jungle
    12-04 04:56 PM
    Next year in July when we will become current, it will again become a game of probability. Because of the 2 specific issues I mentioned, we will have a slightly lower probability of our cases getting picked up. So, I am trying to be pro-active to address these specific issues. The issues definitely need to be fixed as these are glaring glitches in the USCIS file transfer system. I am thinking that we can draft a letter and all affected people can write to Ombudsman. Let me know what everybody thinks

    I fail to see why these cases you are referring to are any worse off than many others.

    I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.

    I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.

    We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.





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  • ThinkTwice
    10-26 01:10 PM
    I am in the same boat...
    I saw LUDs yesterday and day before yesterday on my AP application..
    Hope they approve it soon.


    Well I saw the LUD change a couple of times last week but No change in status.... this is goddamn ridiculous, it has been more than four months and no AP yet, people are prisoners or what .. *Go@ Dam&^% !!!



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  • ivar
    02-12 02:00 PM
    To Whom It May Concern:

    My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.

    What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.

    Please advise.

    Thank you so much for your time!

    H1b visa gets over on the first day when it opens. So there is no assurance that after resetting your clock by staying outside you will be able to enter again on H1b. You would be luck if your next H1b application gets selected in the lottery.

    Thanks,
    R.





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  • EkAurAaya
    10-11 01:03 PM
    My labor cert priority date is Aug 21, 2006 and my 140 EB2 was filed in Dec 20, 2006 and I received the RFE last week from NSC.

    I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.

    One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...

    Go with what your lawyer suggests

    Good luck





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  • MightyIndian
    11-05 08:47 PM
    I think - there will be more people in AF Unit this consulate

    As Hyderabad is very popular in those lines.

    What is AF unit?





    sertasheep
    03-07 05:58 PM
    Immigration Voice will conduct conference calls periodically with immigration attorneys regarding issues affecting employment-based immigration.

    The scope of discussion would be around issues pertaining to employment-based immigration law impacting highly-skilled primary beneficiaries as well as their dependents.

    Immigration Voice provides this at no cost to all registered members. Members can benefit from this free advice, and access links to the recordings, transcripts and more.

    How it works:

    - Members email their questions to Immigration Voice (see procedure below)
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    cnachu2
    02-04 01:15 PM
    Yes i did. It was the same way for my dad when i was on H-1B.
    I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.

    He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.

    I hope this helps.

    GO IV GO. TOGETHER WE CAN.

    Hi,

    I am also planning to send papers for my father. now i am on AOS with I485, i changed the employer, but didn't file AC21. will it be an issue if i send papers to my father without filing AC21? You says you used AC21, that means did you file AC21?

    Thanks,
    Chandra.



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