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  • sweet_jungle
    12-12 12:51 AM
    went for infopass for correcting wife's DOB. Officer said it cannot be corrected here. After some protest, he took photocopies of birth certificate and passport and then sent e-mail to service center. Also, enquired about her EAD which is now pending for 110 days. Officer was not able to say why it is pending. just have to wait.

    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.





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  • Green06
    08-22 07:54 PM
    We really need more friends like you. Following link is for Bus voting from MN. Please vote and let us know if you will be intrested to go to the rally by bus.

    http://immigrationvoice.org/forum/showthread.php?t=12599

    Cheers:cool:





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  • MrDesi
    02-07 09:47 AM
    Hi Friends

    May be it is repeated and simple question, but some how critical to me.

    Experts, Please help me in addressing this,

    BackGround:

    A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.

    B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.

    C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.

    Questions:

    1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
    Please share your experiences if any and possible questions during interview.


    2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?

    3) Do volunterily mention about the 485 pending or officer might ask ?

    Thanks a Lot.





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  • kannan
    04-11 04:28 PM
    I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
    What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.



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  • wandmaker
    10-23 08:50 AM
    If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?


    Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.

    I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?


    COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.


    If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?


    Make sure COS application reaches them before Jan 15th.


    If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?


    Dont work beyond the date requested in your H1B extension.


    what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

    Minimum of 1K attorney fees....





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  • sukhyani
    03-05 02:04 PM
    copy of current employment letter and future job offer...Does this has to be with same company...OR...

    Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???

    My I140 sponsor is not my current employer. That's why I had to furnish both current employment letter and future employment offer letter. I have not changed employer as yet though.

    If you invoked AC21, I believe you are right, you would have to furnish employment letter from your current employer and offer letter from the orig sponsoring petitioner.



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  • gcgreen
    07-18 02:19 PM
    If you really think about it, it is a fair business price. Remember, the lawyer gets all his money by billing clients like you. He has to figure in his establishment costs such as rent, employee salaries, insurance, etc. Add to that the unpredictability of future business (e.g., if he gets work only for 10 days of the month, he still has to pay salaries to staff for the whole month), taxes (including soc. security, medicare, etc. that he has to pay for himself and for staff) and the risk of liability (e.g. what if you sue for malpractice?) and you get the high price.

    Of course, it is a market economy, and people can always choose a better and cheaper source for the service. But at some point you will hit bottom, below which the business will be a loss maker, and this bottom will still be high for many!

    $320 an hr!

    His 'RFE response' charges were $450!

    go figure...
    lotsa people are making money out of the s*ituation we are in!





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  • GotFreedom?
    11-12 09:09 AM
    I e-filed my AP and did not send any documents and just received an RFE requesting 2 photographs(write alien number with pencil in the back) and a preferably color photocopy of a photo ID.

    So, please make sure that you send those supporting documents with the e file receipt to USCIS. They give out the address and instructions at the end of the application which are easy to follow.

    Nevertheless, I e Filed EAD too and did not send any supporting documents and they approved it without issuing any RFE. They used an older picture from my previous EAD.

    My 2 paise!!!



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  • Norristown
    11-07 04:00 PM
    My wife's EAD was also sent back even though we haven't moved. She got all her other receipts. I didn't have her name in the mail box. Wondering if it is the reason but again she got all her receipts, ad parole. We called USCIS they opened a Service Request. It will take a month minimum.





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  • cr52401
    04-23 08:57 PM
    Guys, today I got our permanent residence visa from Canadian consular in LA that I almost had applied three years ago.
    The visa is valid until June 9, 2007 and I really can not get my job done here in US until then. It is just too close. Even kinds will be in school by then.
    Any one knows that if I can apply for an extension or not? I really don�t want to let it go since we spent so much money for it.
    Any help is appreciated.

    Thank you.



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  • uslegals
    11-12 08:59 AM
    thanks desertfox ! i I did apply before July 30, 2007 (recd. date for 485 is 7/17/07) which means that i do have to pay the fees for AP. I will go ahead and apply online.

    Enjoy the weekend!





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  • madhusrini
    05-31 04:58 PM
    Hi,

    My LABOR APPLICATION DATE : OCT 2001
    I-140 Approved : OCT 2004
    I140/I485 concurrently filled : APR 2004

    Currently have EAD and AP

    Status : Married : Adjustment of Status Pending for Both

    Did any body get their green cards because of the recent movement of eb3 dates.

    Srini



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  • kopra
    02-25 11:21 AM
    Usually they dont create a big issue for H4 re-enty at Port of Entry. But time has changed, and the only thing you can do is to try.

    She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..





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  • Reddy1576
    07-27 10:17 PM
    I have another question if my I-140 is in appealed stage will my H1 b would be approved? If approved what are the chances of getting approval if i tranfer my H1b with the different company while I-140 is appealed with the existing company?

    can i apply one more I-140 , and what will be my case in this situation?


    Thanks
    Reddy



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  • supender
    12-27 02:19 PM
    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice





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  • JunRN
    12-18 04:57 PM
    Thanks for the link. It is really very helpful.

    That is another risk of AC21. Remember that AC21 is just a rule and can be changed anytime. For example, the current AC21 rule is not requiring proof of ability to pay of the new employer. What if in the future they change the rules of the game and you are in the middle of it, you found out that your new employer is not cooperating regarding sending documents, etc.

    Darn, am I stupid or what? I felt am I just chicken or am I just being wise?

    Probable change in AC21 rules are these additional requirements:

    1. New employer's ability to pay
    2. New LC for the same occupation

    The more we talk of using AC21 even before 180 days, the more USCIS will suspect of fraud.



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  • GCBy3000
    07-24 05:05 PM
    I agree with portability logic. In that case, a 485 is tied with individual. Why cant a individual have a 485 certified anytime. That is not going to change even if he moves from place to place. In fact, a 485 should be like a degree certificate validating all the credentials. We should be able to carry it wherever we go and show it to our prospective employer and get the GC process moving.

    Having said that, there is no need to wait to file 485 due to visa retrogression. Visa numbers are for adjucating the individual 485 and granting the perm residency status. I dont understand why the 485 stage comes as the final one and why the hell it is tied up with VISA numbers.

    Example: The applicant gets all medical check up and he is hale and healthy. He filed for 485 and it is pending for 5 years due to retrogression. Every year or once in two year he needs to repeat the medical checkup and declare he is still healthy until he gets the GC. This funny test is not required after he gets GC. Assume in 4th year he gets the deadly VIRUS decease from a US citizen, then he will be denied of GC. The reason is he will spread this contagious disease which he got from US citizen. But he is free to walk and spread if he has GC. Is't funny. I may be wrong........

    LC - Verification is related to the sponsored job
    140 - Verification is related to the sponsoring company
    485 - Verification is related to the sponsored individual

    Portability, by definition, applies to individual and not company. Why would your company want you to have portability?





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  • maine_gc
    09-14 03:50 PM
    LUD on my I-140 is 8/5/2007.

    Notice date is April 26





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  • javadeveloper
    05-26 05:23 PM
    Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

    I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

    So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

    How ever, I need to make this is false. Still I dont agree this logic.

    Do you have any link/url?





    muthukmk
    08-03 04:14 PM
    Hi All,

    I have my labor filed and approved for EB3 March 2005 PD. My I140 too has been approved in June 2007. I filed for 485 on July 2nd. I would like to know whether I can now start a fresh EB2 and also apply for I140 and use the older Eb3 priority date of March 2005. I have not changed my company I need guidance for experts in this regard.

    Just for information, my I140 was approved after I had applied for 485


    Regards,





    seahawks
    04-28 11:13 AM
    depends on how you filed it, if its premium processing, you get a decision in 4 to 6 days.. amazing what an extra 1000 dollars can do. I waited 4 years to get my labor approved and I-140 in 14 days with premium processing.



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