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  • venetian
    07-06 11:44 AM
    Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US and continue to work in H1B without using EAD.

    Thanks.




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  • AB1275
    12-17 11:00 PM
    I was in kind of simmilar situation in April 08 .I found out online that my 140 /485 denied on april 18th .called my lawyer and statred counting days to find out why .Neither My attorney.employer or me got any denail notice till may 15 .meanwhile i had mad multiple call to NSC.finally I got denail notice on my home address thu it was supposed to go to attorney .Any was they asked for same things what they wanted from u .My employer was in process of audit but i had only 4 days to file MTR .
    Now answers to ur quiries
    1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
    2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
    I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
    Wish u luck

    Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.




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  • cbpds
    09-15 02:07 PM
    he is enjoying two types of freedom now :P


    Enjoy the freedom!




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  • admin
    02-09 10:32 PM
    Everyone, I am working on a way to customize the WebFax. I should be able to complete it over the weekend.



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  • kirupa
    11-12 12:47 AM
    What $800....:pa:




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  • prinive
    03-15 04:46 PM
    Common no one to pledge.... :o



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  • harrydr
    06-29 08:01 PM
    Any more replies/discussion would be very helpful. Thanks.

    The main question is, would this affect my current H1B and approved I-140 or would this be a separate case?




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  • the_jaguar
    03-25 10:49 PM
    gap between your company A exit date and the date they withdrew your I140?
    As per law,, they should not do it for 6 months old approved I140 ?

    As I posted earlier, I had left Company A before the I-140 approval, so I don't really know how long they waited before withdrawing the approved I-140.

    Are you sure that there is a law regarding the 6 month period? AFAIK, this only applies when you have filed you I-1485. If it's prior to that, AC-21 doesn't apply...



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  • black_logs
    06-09 10:22 AM
    Uptill 2001/2002 H1B transfer/extensions used to take 15 days to 1 month. Now they take anywhere between 4-8 months. You'll see once the premium I-140 comes into being. The regular I-140 will take forever. Premium processings have implications on regular processing. Basically they are discouraging people to file in regular queue.




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  • inskrish
    07-16 08:37 PM
    hey inskrish,

    you should be getting a welcome e mail any day now!
    where's the party man?

    Paskal,

    Thanks for your words. You will be the first one to get a party from me, when it happens.:p



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  • shana04
    08-14 03:49 PM
    Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
    Also kindly let me know how can I proceed if I want to file a DOL complaint?


    No you don't have to wait. find new employer and file a case on your employer.

    According to H1, no matter he has to pay you.

    Ultimately he can recover money from vendor, but he is deniying pay to you.

    other frineds have suggested so just follow them.

    good luck. I know the pain. sorry for you.




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  • mymyanmar@gmail.com
    08-11 11:39 PM
    I got the document at my new address mentioned in my quoted post below. It turns out to be FP notice. But the weird thing is they said they will contact me when appointment is available and it'll take 4 months.

    Does anyone know why is that?

    Thanks,
    ROW Guy

    Hi,

    I am not sure this is the right thread to post my question. I recently moved to new address and as soon as I moved, I did change address using AR-11 online through USCIS website. And I did received the change address confirmation from USCIS. But in that confirmation, it's only mentioned about my wife's case status number and I didn't see any for mine.

    And Aug 4, when i checked my case status online, it's said, "Document mailed to applicant". So just now I called to UCSIS customer service to find out my change of address has been updated in their system because I am afraid they might send that "document" to my old address. The CSR from USCIS told me on the phone that he cannot check my address(cos it's personal information) and the only thing I can find out is take infopass appointment. He also told me my case has been approved. I don't believe what he said was true cos I haven't done any FP yet. I did got EAD and AP approvals for both me and my wife since 2007, Sep.

    So my questions are
    1) Can my 485 case be approved without FP?
    2) Is infopass the only way to find out my address change is updated in their system?

    Any reply is highly appreciated.

    My info
    EB3 ROW - PD 2005, Mar
    485 filed on Jul 5, 2007.

    Thanks in advance,
    ROW Guy



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  • traveldoc
    09-10 02:24 PM
    Thanks txh1b. But my question is what if they reject the second AP saying that the first one was approved. Any thoughts on this?




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  • delax
    07-16 08:55 AM
    USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.

    Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.

    Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.

    In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.

    Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.

    Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.

    You may be correct about the PD see-saw but I am not convinced about the RD logic. I know of at least a dozen friends (EB2-I) with PD in mid 2003 who filed in June 2007 and were approved by Oct 2007. The RD during that time was in 2006.



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  • gc_on_demand
    03-25 02:16 PM
    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.


    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?




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  • DSLStart
    07-30 07:28 PM
    Just produce the docs thet asked. As for the pay difference, the labor mentioned salary is supposed to be paid to you once you receice GC. Don't worry about it.

    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.



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  • sendmailtojk
    04-04 03:47 PM
    Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.

    With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.

    Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!




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  • samir
    04-27 08:48 PM
    Hi,

    Can some one help me out on the above subject, i had birthcertificate which contains only my Father's name( This birth certificate got from MRO office at AP, India). One of my friend told me that the birth certificate should contain both Mother and Father's Name.
    Can some one provide me sample birth certficate , so that it will helpfull to me send to my parents, so that i will get BC from MRO office, AP, India.
    Thanks inadvance

    Please check with your local Indian consulate if they can issue a BC. If you have a current original passport which includes the names of both your parents, it should work fine. Your original BC is not required.

    Link to this service provided by the Consulate General in San Francisco
    http://www.cgisf.org/visa/indian_services.html#mis-bc




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  • black_logs
    03-01 03:46 PM
    They have special love for 45 days. recently they have come with 45 days expiry days for the labor, How insane a dept. can be , this is a perfect example !!!!!

    I wonder why they didn't write
    9+10 = 45




    a_yaja
    07-25 12:26 PM
    Hi,

    may I know what would be the problem if the name is not mentioned in the birth certificate. It was issued right after I born, without specifying name.

    my parents name, date of birth ,date of place are there in the birth certificate.

    filed I485 in late june. I guess they might send RFE.
    Thank u

    regards
    ahnewgc
    You need affidavit from parents. My lawyer addressed this specific case for people born in India and said that in this case, two affidavits are required (although non-availability certificate is not required).




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    10-27 11:36 AM
    you can make bird houses out of tables, surley that blue bird on twitter must land somewhere of a night on his cyber bird house when everyone has shut up for the night about how the jonas brothers suck. he/she probably goes home from work too you know.



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