Wednesday, June 8, 2011

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  • sundarpn
    06-30 04:04 PM
    eb3retro,

    Did u change employers on EAD? or H1b transfer?

    Also when you renewed EAD & AP:
    1. Did you do it yourself? or did u have your new employer do it?

    2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).

    thx




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  • gc_on_demand
    04-22 11:12 AM
    Hello Folks

    I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.

    Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?




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  • speddi
    09-12 04:35 PM
    Hi,
    I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.

    1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
    2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
    3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
    4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?

    Thank you.




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  • lord_labaku
    10-22 06:50 PM
    I am sorry, I dont know the answer to your question.

    But on the other hand, your friend, his hot shot MBA job...is it in Wall Street? involving bundling mortgage based assets & leveraged options on those?



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  • jonty_11
    12-13 11:06 AM
    That is provided the dems are in pursuit of CIR.
    Pelosi never even talked abt CIR for her agenda 100 day or otherwise.....




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  • furiouspride
    04-24 08:01 PM
    Contact an attorney mister. Duh?



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  • satishku_2000
    07-27 11:49 AM
    I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .




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  • pagalForGC
    06-17 08:48 AM
    HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.

    I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
    I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.

    I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?

    Thanks,
    PagalForGC



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  • ashkam
    10-16 01:27 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    There should be two dates on your receipt notice, the receipt date : august and the notice date : october. If both are October, you need to contact t he USCIS.

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?

    Aug 15

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?

    You should be getting your EAD by then otherwise you have to extend your H1B if you want to continue working. Once you get your EAD, update the form I-9 with your employer. As to your wife, you have to do nothing.

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    180 days after filing ( receipt date)

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?

    She needs EAD approval and the physical card present with her

    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?

    No idea.

    - Would I get the fingerprinting notice directly or would my employer receive it?

    You will receive it

    - What other formalities would be left after (assuming) 485/765 are approved?

    Wait for the green card

    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?

    Here (http://www.ilw.com/seminars/august2002_citation2b.pdf).




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  • overmars
    06-09 12:43 PM
    My understanding of the Neufled memo does not invalidate the question asked by Saarissimo. The memo refers to a person being the sole owner of a company. If the LLC in question is owned by X,Y and they then offer Saarissimo 33% of the company to own, then Saarissimo's employment in the LLC should fall under employer-employee relationship unless it is specifically written in the operating agreement that the company will cease to operate if Saarissimo is terminated from employment.

    I know people on H1B sponsored by ABC LLC, and owning upto 2% of ABC. They have never had any problems, and are well on their way towards Green Card processing. Unfortunately, I do not know if the considerations change dramatically if ownership is 33% instead of 2%.



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  • saps
    03-16 06:44 PM
    On a second thought, since your spouse is filing through ROW, he/she will get his/her greencard faster than you so yeah, you can use your's spouse's I-140 approval and PD to file as a dependent on that application. So please ignore my previous post. I am not aware how I-140 interfiling is done for husband and wife so won't be able to help much on that.
    Sorry for the confusion.




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  • mammoy2k
    09-21 07:11 PM
    Look at the reason why I-140 can be denied:
    a) Ability to pay
    b) Your education
    c) Your past experience, if shown


    Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.

    I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.

    In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.


    You both are right!

    Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).

    However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.



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  • Legal_In_A_Limbo
    01-14 06:10 PM
    The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.

    Thanks.

    Even the handbook also does not talk about anything.
    Any other place i can try to get information from except talking to someone in my company.




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  • jackrock79
    01-13 03:02 PM
    Hi,

    I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

    The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
    I was expecting USCIS to approve both applications with 11/2004 instead.

    Thanks!!



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  • reddog
    01-23 12:15 PM
    As long as you are getting paid for the posistion your H1B co has hired you for, and are getting paystubs to prove that, you are fine.

    You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.

    Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.

    PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.




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  • franklin
    07-05 11:04 AM
    EB2 ROW has never retrogressed.

    It can become unavailable when 140k visas are used for the year



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  • xlxoel
    06-08 01:06 PM
    lc03:

    The RFE came with a YELLOW PAGE with the following information:

    SRC XXX-XXX-XXXX

    PLEASE RETURN THE REQUESTED INFORMATION AND ALL SUPPORTING DOCUMENTS WITH THIS PAGE ON TOP TO:

    USCIS / TSC
    P.O. BOX 279080
    DALLAS, TX 75227-9080

    So I sent the two pictures with the yellow page on top last tuesday June 2nd 2009, my current status online is CASE PLACED ON HOLD.... I'm waiting for them to change the status.




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  • MerciesOfInjustices
    02-12 01:12 PM
    Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
    I am going to e-mail him, and would like others to do so too! Let us tell them the truth!




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  • shirish
    01-02 12:05 PM
    Thank you very much.

    I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.

    Pls clarify.

    Thanks

    Where did you see $15 only charge only for delivery. I am in a similer situation, passport expirig in oct 2007. Can you point me to the web page?




    maddipati1
    02-04 04:39 PM
    need to travel in few days and my AP is about to get approved.




    RRG
    07-11 05:46 PM
    Now that we have the people aware through Flowers, we can go for the big kill.
    Advertize in Newspapers in D.C., State capitals or National newspapers
    We can contribute ti IV and IV can advertize.
    Half page ad with facts, events and Rep. Lofgren letter.
    Nothing works better than mass media awareness
    What do you think IV?



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