Monday, June 13, 2011

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  • dollar500
    11-19 06:14 PM
    That has happened to me too. It's ok. I looked at the reciept notice and the date is the original reciept date not the one mentioned in update. Don't worry. If you are really concerned call your lawyer.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On October 14, 2007, 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 TEXAS SERVICE 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.

    I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?

    Thanks in advance.





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  • diptam
    02-18 05:36 PM
    Look, the law is that the H1B employer must pay the promised LCA to the employee where he/she is in Project or out of Project or playing or vacationing or training .... As long as the employer doesn't terminate the employment they are supposed to pay the minimum wage.

    If they don't pay and neither terminate - its a illegal thing. I completely understand what you are asking :)

    when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.





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  • knowDOL
    08-23 09:37 AM
    good one.

    Just correct the do to don't, you are all right.
    That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!





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  • fromnaija
    07-21 05:20 AM
    Form AR-11 is also available for online filing. See below quote from the link you provided.


    Most customers can now notify USCIS to change their address on a pending case online here on our website. Non-citizens can also now complete the Form AR-11 online here on our website.


    The information stated here in the context of pending AoS applications is incorrect.

    While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.

    You may do this ONLINE at the USCIS website.

    https://egov.uscis.gov/crisgwi/go?action=coa

    Note, you must STILL file the AR-11.

    As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).



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  • akunamatata
    04-02 10:04 PM
    Usually the RFE states that if the requested information is not received by XX/XX/XXX date, USCICS will make a determination based on the information they have.





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  • gc_vbin
    04-08 05:06 PM
    You need to update your profile with enough details so people can respond to you. There are not enough details in your profile.

    May 2011 Bulletin is out

    Employment- Based Category
    INDIA EB2 July 2006 (from May 2006)
    http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]


    I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.


    For those of you who received the letter from NVC are you EB2?



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  • pmat
    01-26 11:16 AM
    RTP... RTP... RTP... very good school districts, affordable housing and good desi community. Also, good amount of jobs in high-tech fields. Location is pretty good - you can drive anywhere from Florida to NY.





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  • krishna_brc
    02-09 04:22 PM
    Hi,
    Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
    Thanks.

    THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country

    In the below link find the site/airport closest to your current address.

    http://www.cbp.gov/xp/cgov/toolbox/c...ed_inspection/

    Call up the phone number in the link and fix an appointment.
    Go with Old Passport, new passport and all visa documents and I -94

    Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
    Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.

    Thanks,
    Krishna



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  • kaarmaa
    02-10 02:40 PM
    In your sim city you can make these rule. However for the real world support IV initiatives for the best results.

    what initiatives? Never seen any publicized...





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  • enggr
    10-12 12:37 AM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.



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  • psaxena
    06-18 03:04 PM
    Nathu lodge is good to stay for 30 rs/night. This is behind the big koorakarkat near the laddoo baba temple. Just across the street from 2 coconut trees and coconut waterwaala.



    We are planning to visit India in the month of November. We are looking to stamp our passport with H1B/H4 visas at Mumbai. How we can select appointment dates for the week of November 9 to November 13.
    I have tried to look at VFS website (https://www.vfs-usa.co.in) but not showing any dates after month of July...
    Can anyone please help me?

    Also, we are looking to stamp our passport the next day when we arrive in Mumbai. Do anyone know the good hotel near by embassy to stay?

    I really appriciate your help.

    Thank you.





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  • reddy77
    01-13 07:58 AM
    Thank you All for your prompt replies, much appreciated, one less worry. can focus on my job search. Again, Thanks and have a nice day ...



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  • duncanidaho
    02-17 10:51 PM
    Stuk,
    You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
    In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
    So, be very very careful if you exercise AC21 prior to your 140 approval.

    The best alternative is to ask your new employer to file for premium H1b transfer.





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  • apb
    09-14 01:26 PM
    did anybody see any lud on their case?



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  • solaris27
    10-15 01:46 PM
    No you can't





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  • xela
    10-10 12:46 PM
    If you have a lawyer please ask them, because in my case only the lawyer got the receipt notice.

    Now here is what happened to me: filed on July 2nd in Nebraska, receipt notice came from California on Sept 5th, then they forwarded it back to Nebraska and I go the notice of action in the mail (this time I did get it and my lawyer did not), but now my receipt date is Sept. 5th instead of July 2nd.....so don't be surprised if they pull the same thing on you!!!

    check online at uscis and make sure your date has already been receipted, then call and call and call....who knows what is getting lost when they move everything around and around!

    Good luck!



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  • transpass
    08-01 12:28 PM
    I am pleasantly surprised and would like to thank Sen Mendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.

    No Offense, but please don't misspell the senator/congressman(woman) name...Senator Menendez...

    It might also not look good when someone from IV calls the office and pronounces the name incorrectly...

    Thanks..





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  • bmoni
    08-21 10:34 PM
    Thanks bushman06.





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  • qasleuth
    03-31 12:35 PM
    If you do not want to wait for your employer to give you details about the report, you can order one for yourself using a service like Personal record search (includes criminal reports) from www.choicetrust.com.

    If I were you, I would not wait around for details from the employer but spend the $25 and get all the info I can and dispute whatever is incorrect.





    prdgl
    07-07 09:31 PM
    Hi,

    I will be applying for LC in a few days. So, I want to clarify something.

    My ad says MS + 1 yr of experience.

    Question 1: My 1 yr will be prior to my MS so can i use this experience ?

    Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?

    He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.

    But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.

    What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !

    In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)





    vicky007
    05-10 12:16 PM
    Sorry, the link is not working anymore.

    But here is the complete report of the proposed measure:

    WASHINGTON - Employers would have to check Social Security numbers and the immigration status of all new hires under a tentative Senate agreement on toughening sanctions against people who provide jobs to illegal immigrants.

    Those who don't and who hire an illegal immigrant would be subject to fines of $200 to $6,000 per violation.

    Employers found to have actually hired illegal immigrants once an electronic system for the checks is in place could be fined up to $20,000 per unauthorized worker and even sentenced to jail for repeat offenses.

    What to do with people who hire illegal immigrants has been one of the stumbling points in putting together a broad immigration bill that tightens borders, but also addresses the estimated 12 million illegal immigrants now in the United States.

    Congress left it to employers to ensure they were hiring legal workers when they passed an immigration law in 1986 and provided penalties for those who didn't. But the law was not strictly enforced and the market grew for fraudulent documents.

    Senate Republicans and Democrats are hoping this week to reach a compromise on more contentious parts of the immigration bill so they can vote on it before Memorial Day.

    The employer sanctions were negotiated separately from other parts of the broader bill after some senators raised concerns about privacy of tax information, liability of employers and worker protections.

    Employers are wary of the system Congress wants them to use and say it would be unreliable.

    "What's going to happen when you have individuals legally allowed to work in the United States, but they can't confirm it?" asked Angelo Amador, director of immigration policy at the U.S. Chamber of Commerce.

    Critics say expanding a Web-based screening program, now used on a trial basis by about 6,200 employers, to cover everyone might create a version of the no-fly lists used for screening airline passengers after the Sept. 11, 2001, terrorist attacks. Infants and Democratic Sen. Edward M. Kennedy (news, bio, voting record) of Massachusetts were among people barred from boarding a plane because names identical to their own were on a government list of suspected terrorists.

    "This will be the no-work list," predicted Tim Sparapani, attorney for the American Civil Liberties Union.

    Last year, employers in the trial screening program submitted names and identifying information on more than 980,000 people. Of them, about 148,000 were flagged for further investigation. Only 6,202 in that group were found to be authorized to work.

    U.S. citizens could come up as possible illegal workers if, for example, they change their last names when they marry but fail to update Social Security records.

    All non-citizens submitted to the system are referred to the Homeland Security Department, even if their Social Security number is valid.

    A bill passed by the House would impose stiff employer sanctions, but does not couple them with a guest worker program, drawing opposition from business. The bill also would give employers six years to screen all previously hired employees still on the payroll as well as new hires — altogether, about 140 million people.

    The Senate agreement proposes screening all new hires but only a limited number of people hired previously _specifically, those who have jobs important to the nation's security.

    Negotiating the Senate agreement are Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana.

    Their plan would give employers 18 months to start using the verification system once it is financed. It would create a process for workers to keep their jobs and be protected from discrimination while contesting a finding that they are not authorized to work.

    To check compliance and fight identity theft, the legislation would allow the Homeland Security Department limited access to tax and Social Security information.

    The Social Security Administration, for example, would give homeland security officials lists of employers who submit large numbers of employees who are not verified as legal workers. The Internal Revenue Service would provide those employers' tax identification numbers, names and addresses.

    Social Security also would share lists of Social Security numbers repeatedly submitted to the verification system for different jobs.

    The senators also want to increase the number of work site investigators to 10,000, a 50-fold increase.

    President Bush asked Congress in January to provide more than $130 million to expand the trial system. That's not expected to be enough.


    Once the above plan is agreed to , the senators will be able to come to a way out of the present CIR impasse.

    "Report indicates that the Senate leaders have been working on contentious parts of the comprehensive immigration reform proposal as separate from the whole bill to crack the logjam. For instance, Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana formed a team to negotiate the Senate agreement on the employer sanctions for hiring illegal aliens, and successfully reached an agreement".



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