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  • GCOrNoGC
    08-20 04:57 PM
    Thank your for ur reply....What about I-129 petition & withdrawal letter...Is there anything that protects me which states that i have a right to get a copy of documents - petition, letter, etc,...from employer. Can somebody point me in the right direction to so that i have a case in point.!
    Thanks!

    uslegals,

    I sent you a couple of PM's, can you pls respond

    Thanks




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  • plassey
    08-19 05:54 PM
    Unless, people realize that it is in their interest to spread this grass root effort it is all futile. Do you guys really think that distributing fliers by four guys at the parade is going to make a difference.
    Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
    After all, these were not doing only for themselves but for every one else too.

    What a pitty! :mad:




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  • WaitingForMyGC
    01-11 02:38 PM
    What would happen if the labor is approved and I-140 is pending and you have to apply for your 7th/8th year extension? I think this could happen to many people who are getting yearly extensions as nowadays it is usually taking 6 months to get your H1 approval/I-140 approval.




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  • Googler
    07-17 07:06 PM
    All,

    USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.

    We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:

    (1) Visa Number Wastage: Fix Through Recapture

    (2) Name Check Delays:

    (a) More than 30 FBI analysts should be granted for the process
    (b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
    (c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself

    We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.

    And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.



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  • dixie
    08-18 01:42 PM
    Maybe. But parallel filing itself has been dysfunctional ever since retrogression hit. Talk of replacing one dysfunctional system with another.

    Correct me if I am wrong.

    They started premium processing for I140 so that they could stop parallel filing of 140 and 485.




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  • bestofall
    06-15 05:19 PM
    My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
    Our question....Is it sensible to travel on AP him being unemployed?

    my friend went to India for 4 month Vacation.

    1. while returing at JFK POE .. He was asked if he got paid on that 4 month Vacation. My friend said. "NO" and the POE Officer asked , if he had still Job with sponsering Employer , and this guy showed the recent EVL letter which he got from his employer .....just make sure to you have all docuementation ,a letter from Employer stating still your husband employed with that company

    As long as you prepared tos how required papers ..no issues



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  • hibworker
    03-21 11:29 AM
    First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.

    Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.




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  • glus
    02-05 02:16 PM
    This rule is NOT yet in place. Please be careful when posting such messages. This 45-day rule was barely proposed. The bottom line is that if your I140 with the old priority date was approved and not canceled due to mispresentation or froud, you can port the old priority date when applying for the new I140.

    G



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  • hsd31
    03-20 10:18 PM
    Thanks for the replies... I will appreciate some more advise from other members on this situation.




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  • kumar1
    01-15 09:55 AM
    Interesting article! It reminds me of 2001-2002 time when getting labor approved was extremely difficult. It was tough for companies to prove that there is no willing and qualified US citizen in IT field to do the job. We saw so many labors getting rejected that time. Well, it is all coming back to haunt us.



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  • CaliHoneB
    06-05 03:53 PM
    Hi,
    I think we need to get some facts from DBEC and PBEC through senators. Basically we need to find out how much time(man hrs) per case they are spending so far and project that to Future (Sept2007) and then probably we can prove that What they are saying " backlog will be eliminated by certain date" is impossible.
    I ask IV core team to come up with a strategy to tackle this. I know that IV core team has put 6 months time frame in the bill ( I truely appreciate IV efforts in this) but bill becoming a law has a long way to go..so this should be handled seperately. I am willing to contribute, send faxes and call the senators.

    Cheers




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  • rajenk
    03-25 06:08 PM
    Try h**p://www.maggio-kattar.com. They are my current employer's immigration attorney and they charged $750 for both mine and my wife's case.



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  • dpp
    08-18 04:40 PM
    Speculation is always part of one's life. We want to know our future options, that's why we speculate. Some speculations are deduction from facts and some are just inference. We cannot avoid speculating. What we can do is trying to know which speculation is nearer to the truth and which ones are not.

    Ok. keep speculating... enjoy with that.




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  • nikh
    07-27 11:33 AM
    Urstruly,

    There is already thread going on with exaclty the same situation. The thread is 485 Approved without spouse being added and run by user smovva. It seems there quite a few people like you. You should read the thread.



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  • meridiani.planum
    05-05 12:26 AM
    I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
    Also what docs should be send after efiling, if any?

    rejected. Meaning they will return it with your filing fees:

    http://www.immigration-law.com/Archive%20XVI.html
    02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD

    * We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees




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  • hijackers
    04-27 10:24 AM
    Since you got your H1B approved, it is risky to take another chance with lottery. With the approved H1B you can transfer it. In the meantime from this time till October you can get your OPT extended but you have do it within 30 days of receiving your H1 notice. Dont worry, you are not out of status. Look out for a job now.



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  • mchundi
    12-17 10:54 PM
    Can any senior Guy/Guru confirm this...

    "USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
    I only meant some provisions(relating to 7% country quota). This is already discussed by Gravitation in this forum. Sorry for the confusion. AC21 is congressionally mandated. USCIS can only interpret it and come up with an implementation as per the law. They cannot deviate much.




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  • vparam
    05-31 05:03 PM
    PD - august 2002
    140 AP - august 2005

    485/EA/AP - sent it out today




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  • rkm
    08-10 04:30 PM
    Count Me Also, Please Include PD,RD and ND.

    PD Mar 2006
    RD 07/02/07
    ND 08/31/07.
    Poll result = 1 pending

    Sorry - dark humor:D




    viva
    11-02 08:22 PM
    Yes, Arjun is now chargin $75 an hour as he is moved into a bigger office. I have used him too. Did not actually retain him, but he offers clear and concise advice without trying to paint a rosy picture of the situation and trying to set you up for more consultation services.




    jennyucf
    07-19 03:47 PM
    Who is the chapter chair in the Indy area? Can we get the contact information?

    Thanks! :)



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