Wednesday, June 15, 2011

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  • ivgclive
    08-23 06:14 PM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

    You have rights to ask the above items. But it can not be done thru USCIS.

    You should hire a good lawer and proceed thru court.

    Good luck.

    PS: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.





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  • wandmaker
    10-30 08:41 PM
    1. File AR11 form with USCIS online, by giving the receipt numbers you can change the current address on file. Next day call USCIS 1800 # and confirm the address change.

    2. If you are doing by yourself, eFILE EAD & AP - Since it is going to be your first EAD/AP you will have to attach a copy of biographical page of your passport or Driver License (DL is not mandatory) along with other supporting documents.

    3. File for AR11 again, when you move again.

    4. At the time applying for 485, I assume you have mentioned your current address in G325.

    yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?





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  • WeShallOvercome
    07-31 06:28 PM
    My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.

    My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.

    Thanks





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  • reverendflash
    10-21 01:44 AM
    thats what I mean...

    nice... :P :P :P :P

    I love negative space... :sleep:

    Rev:elderly:



    more...


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  • gc_chahiye
    08-10 04:52 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)

    EB3/India Dec 2005 PD was not current in June, how did you manage to apply your 485? Something in your story is not adding up...





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  • continuedProgress
    06-29 02:24 PM
    Thanks logiclife for showing an option when I had given up!.
    I have an approved 140 and I can get a letter mentioning future employment from my previous employer. I understand that I cannot apply for EAD since I will not be working for them, however, what additional steps do I need to take to invoke 'AC21 portability'?. Since I am assuming my 485 will take more than 180 days.
    Thanks!
    A



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  • Maverick_2008
    04-07 03:58 PM
    I went back to my home country in 02 in an emergency situation and didn't submit my I-94 as well. No questions asked when I got back. Moreover, no issues/questions when I went back again in 05 and came back to the US. I didn't send anything to the USCIS. Not sure whether it affects naturalization or not but so far so good on my 485.

    Maverick_2008

    PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.


    Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.

    Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).

    OR should I just say quiet and forget about this mistake?

    Gurus- Please Help





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  • locomotive36
    11-11 02:32 PM
    ^^ bump ^^



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  • dbevis
    October 16th, 2005, 06:53 PM
    There was a piece on one of the news shows this AM. A guy still makes Daguerreotypes (the actual plates, from raw materials!) in New York City. Basically that stuff must be like ISO 0.05 because he was making exposures from 30 seconds to 4 minutes, achieving the 'missing people and cars' effect as a result.

    Oh, by the way, he uses a Giotto Rocket blower to blast the dust from his plates before coating with the silver solution.





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  • singhsa3
    05-01 11:29 AM
    Thats exactly my plan. It will be accompanied by covering letter, a spreadsheet and a recommendation.
    I will be sending mainly to DOS , DHS and USCIS
    singhsa3:

    What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...



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  • hopefulgc
    09-16 10:22 PM
    Please don't lose heart.. hang in there.

    What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
    Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.

    Are you able to locate any precedents to this?

    Keep us updated here on this thread.

    Hi,

    Here is my case specifics:
    --------------------------

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.

    Thanks





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  • valatharv
    07-16 10:54 AM
    Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.
    Thanks for replying...

    I have already renewed my passport in April 2010 and corrected father name ...

    I am worried for USCIS old forms before RFE for 485, my father name shows as <lastName> then <FirstName>.



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  • jonty_11
    02-08 04:55 PM
    steve,

    I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.

    He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.
    I wish more of this wud happen to run these cheats out of business.





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  • chanduv23
    07-02 01:07 PM
    My wife name in not mentioned while applying I140 , how does it imact?
    Can i add her while applying I485

    Yes, add your dependents on 485



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  • cooler
    12-16 10:01 AM
    This must be a "NJ" thing. I had mine renewed a few months back and all I showed was the 2 year EAD. No questions were asked.

    I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.





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  • Phaedra
    05-30 11:54 AM
    Hi,
    I am on OPT till August 2009.
    However my F1 visa expires May 30 2009.
    Also I do not have a job at present.

    Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?

    Worried,
    P



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  • karthkc
    07-31 05:34 PM
    Hey thx a lot guys for all your help....
    To (M306M),
    The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
    Hope this helps....

    Family Based (FB) quota works differently from Employment-based (EB) for green cards. This forum is geared towards EB so you may not get a lot of help here...

    As far as extending her H1B goes, if there have been no other Employment-Based GC applications filed on her behalf, I dont think of any way that will allow you to extend her H1B short of time outside the country recapture (as suggested above)

    Look at all the days she has been out of the US in the last 6 years and that might give you enough time to come up with options and file an extension ASAP.

    Also, if willing to take a chance, she can use the 180 day rule to stay out of status, however I would strongly recommend against that since the consequences might affect any current or future GC petition..





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  • jcrajput
    06-18 05:02 PM
    Make sure you post all the required document 5 "working days" - If appointment is on monday then your papers should reach by Sat of previous week....

    Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....

    I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...

    Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...

    - Deepak
    After taking an appointment date, how to report to the Mumbai Consulate? What type of documnets I will need to send to the consulate? Please help. I don't see this info on VHS site.
    Thanks.





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  • GCard_Dream
    04-04 05:42 PM
    If you have filed multiple applications like 485, EAD, AP, etc and then you move and do an address change using the AR-11 form, addresses in your pending applications will not get automatically changed. The AR-11 form doesn't change your address in the pending applications unless you filled out the AR-11 form online and specifically requested that addresses in all pending files be changed. This is so weired that the CIS would change address in their central database but the address in the pending applications wouldn't change.

    If you fill out AR-11 online, it will ask you if you have any pending applications with USCIS and if so, if you want to update the address on those files. If you say yes the you would have to enter the case/receipt number of pending applications and the new address. Good luck.

    Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.

    With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.

    Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!





    rkat
    08-16 04:10 PM
    Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?

    All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?

    Does this hanging I-129 petition affect the 485 / EAD that we have filed.?

    Thank you!





    pcs
    08-01 09:31 AM
    bump



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