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Saturday, June 11, 2011

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  • clockwork
    07-18 09:52 PM
    Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.

    Hi Googler,
    Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -





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  • stxvr
    07-09 04:37 AM
    During the stage of 485 in how much details they look your your current status. In what all things they look except last 3-6 pay stubs and W2s.

    I have following questions:

    1. Dose any one has experience that they have asked for the details for the H1B LCA to verify the satus during the stage of 485(like your location specified in LCA). (-not talking about LC).

    2. Another good question. If your LCA filed with the petition was for the some location of California. Now if you relocated to NY. Now you worked in NY for a year and now your W-2 will have the sate as the NY. IF you submit this W-2 at the 485 stage then they can easily figure out that your LCA was for some city of california and you are paying tax in the NY. Means in such cases they can easily find out that you are out of status. Don't they look into such details?

    Asking this because I have not read a case like where they have traced back to the LCA level. Also many are doing the consultancy job means staying to one state for 1 year and another on second year. Eventhough not heard about any RFE on LCA to verify the current status.





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  • gccovet
    11-20 08:40 AM
    I filed for my EAD in August, got an approval for EAD (2 yrs) and AP for one yr but no FP notice. What should I do
    I checked with my lawyer and she says previous FP is valid for 15 to 18 months

    Kindly Advise what should i do...

    Did you paper file or efile?
    If paper filed, no FP is required.
    GCCovet





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  • smiledentist
    06-22 12:47 AM
    You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
    From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.

    What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.



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  • AtulKRaizada
    07-18 06:12 PM
    A lot of discussion happened on this topic in the past and the general consensus was that it will boomerang on us. We should not be demonstrating/protesting/demanding.

    Welcome to the world of white collar politics.:)

    This is ridiculous, there is a saying that even a mom doesn't feed her own child unless he cries.

    I strongly feel that we should make a genuine effort.





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  • prince_waiting
    04-14 05:00 PM
    hi prince,
    regarding ur post, there is a correction.

    holding an Approval notice alone is NOT a valid reason to bypass the transit visa in germany.

    holding a valid visa or Adv parole is good . but not just an appr notice.


    thanks

    The text which I have posted on this forum is directly out of the email I received from the German Embassy helpline.



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  • zuhail
    05-07 11:23 AM
    Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).

    But I found this article from Murthy.com to be conclusive on this matter.
    MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)

    Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.





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  • urstruly
    07-26 09:51 PM
    My friend has a unique situation. Please help out with your advise.

    He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).

    Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.

    Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.



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  • morchu
    05-08 04:29 PM
    Hei... when you have the opportunity for an earlier PD just take it. Nobody can predict how EB1 PD will be in future. You loose nothing.

    A more aggressive approach is to do concurrent filing for EB1-140 and another 485. But I wont do that.

    .... Since EB1 is current most of the times......





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  • smsthss
    11-15 01:13 PM
    I am working as a full time emp and not as a consultant. So i think i dont have to worry about client letters.

    So according to you, i am eligible for another 3 year extension based on approved I-140 irrespective of whether my I-485 has been filed or not?

    What i have been reading in some forum is that, if you have an approved I-140 and if your I-485 has not been filed due to retrogression, then you are eligible for 3 year extension. If you have an approved I-140 and if you have already filed your I-485, then you are eligible only for 1 year extension.

    If anyone has been in such a situation, if you know please let me know which one is correct.. or please forward me to any article.

    smsthss:
    1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.

    2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.

    Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)



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  • godbless
    03-08 07:17 PM
    I travelled to India first time after coming to USA. The airline people did not take my I94 from me. I was not aware if I had to turn it in. I came back and got another I94. Now what do I do with my old I94? My 140/485 is in progress.





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  • jliechty
    November 1st, 2004, 10:50 AM
    No.3 and 4 are my favorites.....but No. 4 is the one I wud choose as best. I like the touch of green and the sky is superb. Horizon Line is straight on. The pic is sharp all around, but what really catches me when I first viewed the picture is the "bolt" in the fence.
    I agree, and also agree with FNM's comments about why #1 and #2 don't work for me.

    USCIS release [Archive] - Immigration Voice

    View Full Version : USCIS release




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  • JazzByTheBay
    09-14 10:06 AM
    http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg

    SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
    (San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))

    http://images.jupiterimages.com/common/detail/20/99/22609920.jpg

    cheers, and see ya'll in DC!
    jazz





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  • kanyewest
    04-21 06:54 PM
    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.



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  • chanduv23
    09-17 07:46 AM
    Me sitting in Queens right now at home - waiting for wife to come back from her night duty at the hospital

    I will be heading straight to work in New Jersey, later today afternoon, I will wrap up and few more dedicated volunteers will be joining me and we are car pooling to DC by late afternoon.

    Will definitely try to make it to the reception

    Come on dear folks - lets all make it to DC.





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  • skillet
    05-24 01:57 PM
    05/23/2007: IMPORTANT CIR UPDATE MESSAGE

    For the last two days, the Senate floor focused on the procedural motions as to whether the Senate should take up and continue S. 1348 Comprehensive Immigration Reform Act of 2007. People know that this is the bill which the Senate passed last year and was killed in the House. S. 1348 is this bill which was reintroduced by Senate Majority Leader Harry Reid. By agreeing to proceed and go into debate, the Senate floor at least overcame the opposition by a few anti-immigration Senators.
    On May 21, 2007, the Senator Reid introduced, for himself, Senator Kennedy and Senator Specter, a motion to substitute the text of the S.1348 by the bi-partisan compromise which was produced by a bi-partisan group of Senators and White House during the weekend. Accordingly, there was no serious debate about the controversial issues in the compromise during last two days other than Senator Dorgan's motion to amend the Senator's Reid's amendment to substitute S. 1348 to kill temporary worker program. The floor rejected his motion and his motion was defeated yesterday.
    The debates on controversial issues in the compromise bill are expected to be heated up from today after the Senate floor passes the Senator Reid's motion to substitute the S. 1348. A series of amendments to the substituted bill are expected to be introduced from today on. This means that those who oppose the controversial poisonous elements in the compromise bill must mobilize their forces to pressure the Senate to amend these poisonous proposals in the compromise. This is the most important time for people to arise and act!
    It appears that the restrictionist Republicans opposed the CIR last year on the issues of relief of illegal immigrants including temporary guest worker program and legalization of 12 million illegal aliens in the country. Since then, as affected by the pressures from in and outside of the country, including the swift of position in the Christian forces, Hispanic forces, White House, and other forces, these core groups of restrictionist Republicans shifted their strategies in such a way that they give concession to the issues relating to the illegal aliens including guest worker program and legalization of illegal aliens, and instead focus on strategy to overhaul immigration system to achieve control and reduction of the number of immigrants allowed to come into this country and more importantly to control the types of immigrants allowed to immigrate to this country in terms of the ethnic and racial backgrounds, and immigrants from non-English speaking countries. Underlying the point systems, concept of control of chain of immigrants, and removal of certain family-based immigrant categories are the hidden agenda of the restrictivonist and right wing Republican forces to control immigrants and more importantly immigrants from certain part of the world. This hidden agenda is disguised in the name of the country's need for immigrants who can contribute to the nation's economy. The center of development of this concept and proposal was the Heritage Foundation, the think-tank of the conservative Republicans. This agenda has been pushed forward for the last few years through its arms in various communities, including some immigration groups. They penetrated into some immigrant groups, particularly employment-based immigrant groups, to divide the immigrant community and their supporters.
    By now, people have learnt the hidden agenda of the conservative and restrictionist group, and the opposition to the poinonous agenda that are conceived in the compromise is growing fast. It is clear that the country and the immigrant community have to pass a comprehensive immigration reform legislation this year. The way to achieve this goal is to contact with the legislators en masse to remove the poinonous segments in the bill and the hidden agenda of the restrictionists and pass the bill. Accordingly, the amendment process is extremely important to achieve the overall goals of passing the CIR and passing the CIR without poisons. This is achievable since this is the Democrat Congress. This reporter assures the readers that should the Senate fail to pass such workable bill, there will be no, repeat no, CIR legislation enacted this year and in the next few years.
    Please copy and send this message to any one or any organizations via email or web posting or fax as quickly as possible!



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  • krishnam70
    05-05 04:16 PM
    I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..

    If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.

    If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.

    I will leave it to the experts to argue the merits or demerits of this
    Good luck though
    - cheers
    kris





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  • aj1234567
    01-22 10:41 PM
    Hi
    My 140 was filed on NSC on july middle,,recently i have 4 soft luds what this mean.
    Thanks
    Aj





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  • plassey
    08-04 07:06 AM
    If what u r saying is correct then I consider you a man of great intelligence, this is truly remarkable.
    lin0722554234
    LIN -> Nebraska
    07 -> Year in 2 digits
    225 -> Number of working days since October 1 2006
    5 -> Default for all electronic data
    4234 -> Serial number for the receipts issued on that day starting with 0001.





    logiclife
    12-03 11:31 AM
    Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.

    Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.

    It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.

    Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.

    If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).

    But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.





    h1techSlave
    12-05 10:00 AM
    Below is the comment some body gave me in the rating thingie:
    "YES LETS NOT HAVE ANY INCREASE IN H1B AND EVEN BETTER IS TO SEND U BAK TO INDIA SO WE HAVE MORE GC'S AVAILABLE, FOOL"

    I think he/she wanted to say more, but the system may not have allowed that.:)

    I think IV community will start working as a coherent team only when we get rid of the Green/Red thingie.



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