Paisano
04-16 10:30 AM
This RFE is about G-325. In that document, you would have mentioned that you have lived in MN, WA and TX for the last 5 years. And your employer must be in IL. The USCIS is using the information that is provided by you, in simple terms, against you.
The IO at USCIS whoever is adjudicating your I-485 application must have gone through your past H1B petitions where the LCA(s) will be found. The LCA mentions for which location your H1B petition is filed for. If the LCA(s) mention your location of work as IL, then you are in trouble.
The lawyer can argue that the employer is responsible for LCA and its amendments. But the burden of proof is on you since I-485 is your petition. Good luck to you.
Yours is the third case of this nature I heard this week.
The IO at USCIS whoever is adjudicating your I-485 application must have gone through your past H1B petitions where the LCA(s) will be found. The LCA mentions for which location your H1B petition is filed for. If the LCA(s) mention your location of work as IL, then you are in trouble.
The lawyer can argue that the employer is responsible for LCA and its amendments. But the burden of proof is on you since I-485 is your petition. Good luck to you.
Yours is the third case of this nature I heard this week.
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martinvisalaw
01-11 03:52 PM
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Your can apply for PR while in L-1A status, however if the L-1A expires before you have reached the 3rd step, you need to leave the US. That's why it would have been better to change to H-1B, so that the nonimmigrant status could be extended while the PR process was pending. Even if he is EB-2, it will take at least a year, and much longer if you and your husband were born in or China, before you can file the 3rd step.
Your can apply for PR while in L-1A status, however if the L-1A expires before you have reached the 3rd step, you need to leave the US. That's why it would have been better to change to H-1B, so that the nonimmigrant status could be extended while the PR process was pending. Even if he is EB-2, it will take at least a year, and much longer if you and your husband were born in or China, before you can file the 3rd step.
dionysus
08-14 11:01 PM
How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.
Because 2006 PD ppl are smarter than you. They just rock man. ha ha.
Full disclosure: I am a 2006 PD applicant. (More ha ha).
Because 2006 PD ppl are smarter than you. They just rock man. ha ha.
Full disclosure: I am a 2006 PD applicant. (More ha ha).
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siddar
06-30 11:05 AM
Irrepsective of whether the new H1 is approved / rejected, you can always work for the Employer A, if the H1 is still valid.
If you use EAD, then your status would be "Adjustment of status" and if you use H1B, then your status is H1B. A person can be in one status, only one status, at any point of time while staying in the country.
I'm not a lawyer, please consult a lawyer for immigration matters.
If you use EAD, then your status would be "Adjustment of status" and if you use H1B, then your status is H1B. A person can be in one status, only one status, at any point of time while staying in the country.
I'm not a lawyer, please consult a lawyer for immigration matters.
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InTheMoment
08-02 11:00 PM
Tina,
...and where did you hear this untrue fact that with an Indian PP and US GC you can travel without a visa to "any country"!!
You have an Indian PP that is the main decisive factor whether you are eligible for visa free/visa on arrival travel for 99% of the countries. (Canada, Mexico and some carribean islands being the ONLY exception. Switzerland had visa free travel till late last year when they changed to Schengen so now you need a visa there too!).
For almost all countries your country of citizenship matters, your GC status has NO bearing.
Got it ?
...and where did you hear this untrue fact that with an Indian PP and US GC you can travel without a visa to "any country"!!
You have an Indian PP that is the main decisive factor whether you are eligible for visa free/visa on arrival travel for 99% of the countries. (Canada, Mexico and some carribean islands being the ONLY exception. Switzerland had visa free travel till late last year when they changed to Schengen so now you need a visa there too!).
For almost all countries your country of citizenship matters, your GC status has NO bearing.
Got it ?
akhilmahajan
06-22 08:24 AM
I-485 can be rejected if filed with incomplete initial evidence.
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............
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sheela
08-06 06:49 PM
I have LUD on 140 for 7-13, on 485 application for 08-04
08/04 LUD on your I485 should be for approval. What does the message read?
08/04 LUD on your I485 should be for approval. What does the message read?
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vparam
05-31 05:03 PM
PD - august 2002
140 AP - august 2005
485/EA/AP - sent it out today
140 AP - august 2005
485/EA/AP - sent it out today
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omiboy
09-24 11:09 AM
Thanks once again for the reply.
When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?
Thanks
Omi.
When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?
Thanks
Omi.
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pappu
04-30 12:17 PM
I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.
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vamsi_poondla
03-15 11:02 AM
What did your lawyer say about this? Now you have a delivery confirmation, did you lawyer suggest that USCIS consider the dates as of last year and process your resubmitted application. Certainly it is not your fault,,
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kiranatl
09-03 03:55 PM
I spoke with a 2nd level officer and came to know that my case is preadjudicated..but still not assigned to an officer and obviously the visa number has not been assigned. Is there anything I could do to make my case assigned to an IO in order to get the visa number and ofcourse the CPO?? Anyone experienced this??
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seahawks
10-29 12:22 PM
Follow the instructions that they provided to you and to the P.O box provided by them. Your attorney should have the information on how to go about this. Also provide a small write up with the refiling stating that refiling due to missing signature and put include receipt reference number and details. I think you should be okay.
Again I am not an attorney but please make photocopies of all correspondence before you send it again.
Again I am not an attorney but please make photocopies of all correspondence before you send it again.
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gcwait2007
02-15 11:48 AM
I am in similar situation. I have received EAD and AP but planning to move on, using H1-B transfer.
If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??
Or
Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.
Please advise.
If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??
Or
Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.
Please advise.
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BECsufferer
03-19 01:03 PM
Hello Everyone;
I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;
When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.
So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.
I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;
When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.
So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.
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AZ_GC
08-28 04:45 PM
Hello fellow IV members,
I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?
Thanks for your help.
This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21
I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?
Thanks for your help.
This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21
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desi3933
06-15 11:51 AM
If Birth Certificate issue by Indian consulate then it should be ok, as it is from consulate
No, the birth certificate (issued by Indian Consulate) is not acceptable as this is based on the entry made in passport, not on the basis of registered date of birth.
You need birth certificate issued by municipality of the district. If it is not in English, then it has to be translated in English and notorized for true translation.
Good Luck.
___________________
Not a legal advice.
No, the birth certificate (issued by Indian Consulate) is not acceptable as this is based on the entry made in passport, not on the basis of registered date of birth.
You need birth certificate issued by municipality of the district. If it is not in English, then it has to be translated in English and notorized for true translation.
Good Luck.
___________________
Not a legal advice.
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saurin
02-09 09:24 AM
I inquired about the possiblity of LOA and that is definately possible according to my manager. Now how to get paystubs when there is an RFE?
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ashwaghoshk
04-26 08:01 AM
Rollingstone is right. There are chances of the 7th year extension only if your labor is 365 days pending or have an approved labor/I-140. If one of these applies to your case then you should have activated your 3 months of H1B in premium processing. Why didnt you do the premium processing? Now that your 6 years of H1 have ended i really doubt USCIS will consider your case and give the 7th year extension. Not trying to scare you but that's what I feel.
I hope you get the extension. Good Luck.
I hope you get the extension. Good Luck.
willgetgc2005
01-25 08:37 PM
Hello,
I have a profile for online case status monitoring and because I attempted
logins with wrong password, I am locked out.
I get the following message:
Your password has been locked because of too many unsuccessful login attempts.Contact the USCIS Headquarters Referral Management Team for support.
Does anyone have the telephone number or email id of USCIS Headquarters Referral Management Team ? How do i reset the password by calling them. I forgot the answers to prompt questions too.
Thanks in advance.
I have a profile for online case status monitoring and because I attempted
logins with wrong password, I am locked out.
I get the following message:
Your password has been locked because of too many unsuccessful login attempts.Contact the USCIS Headquarters Referral Management Team for support.
Does anyone have the telephone number or email id of USCIS Headquarters Referral Management Team ? How do i reset the password by calling them. I forgot the answers to prompt questions too.
Thanks in advance.
lavanyamohan
03-17 01:10 PM
Hi mhtanim,
Thanks for your response.
Is www.gowda.com a reputed lawfirm.?
I am just being careful as I have suffered a lot due to in effiscient attornys .
Thanks for your response.
Is www.gowda.com a reputed lawfirm.?
I am just being careful as I have suffered a lot due to in effiscient attornys .
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