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  • roseball
    07-27 12:43 AM
    I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.

    So there are 2 I-140's with the USCIS.

    Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.

    Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.

    Infact I recently travelled to india and came back on Advance Parole before all this denial happend.

    Now, I filed my H1B extension , What will happen to the H1 extension ?

    and What is my status now?

    Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?

    Any help would appreciate

    Thanks
    Reddy

    Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.

    Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.





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  • fromnaija
    07-10 12:08 PM
    This being your first post on this forum, I'd like to advise that you include URL in your post otherwise one might think you are making this up.

    Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum

    To AILF/AILA,

    I appreciate your effort in filing lawsuit on behalf of July I-485 filers.

    There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.

    Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.

    He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."

    Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.

    Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.

    What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?





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  • chmur
    03-23 10:42 PM
    H1B extension takes 2 months . You are 4 months out from your trip out of country.





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  • paskal
    12-09 12:20 AM
    welcome guys, there is no state chapter other than us at this point, so indeed you are members :)

    IV has created a whole new forum for chapters to form and discussions to open but I fear most people don't find their way there...
    so far there have been just two of us.

    well...we have doubled our group already to 4! I'm sure there will be more, we should start thinking about what we can do to help on a local level.



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  • hopesoon
    09-02 12:39 PM
    I am EB3 (Aug 07) because of my lawyer�s mistake; but in June they asked for further medical testing, it can be a good sign they are looking into EB3.





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  • Saburi
    04-28 10:00 AM
    Hello Freinds.

    After a long wait of 8 years today i got an RFE i don't know what the RFE is all about and will be waiting to get the letter in the mail, do you know how much time does it takes for the paper RFE to come to your lawyer.

    RFE was issued today but unlike the email which i got says the status on hold, thats strange

    Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

    is this normal or is this is an indication of something wrong and bad.

    Please do advice gurus


    Best Regards

    Saburi



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  • Macaca
    11-17 08:42 PM
    The Other Immigrants (http://online.wsj.com/article/SB10001424052748703683804574533612324601766.html)
    Low quotas, long lines hurt U.S. competition for human capital.
    WSJ Editorial, Nov 18 2009

    The immigration debate has long been preoccupied with illegal aliens. But what about foreign-born professionals seeking green cards who stand in line and play by the rules? A new report by Stuart Anderson of the National Foundation for American Policy says the U.S. is mishandling this important human resource.

    A former official at the Immigration and Naturalization Service, Mr. Anderson focuses on foreign nationals from India, who fill nearly half of the annual quota for H1-B temporary work visas. Indian professionals who want to become permanent U.S. residents face a wait time of at least 12 years and as long as 20. "To put this in perspective," says the report, "children today in kindergarten may graduate from college by the time Indians who file new applications for an employment-based immigrant visa would receive a green card."

    One of Mr. Anderson's findings is that the multiyear waits aren't due to bureaucratic delays so much as to the impractical low annual limits on who can come. Under current law, no more than 140,000 employment-based green cards are issued each year. And since the spouses and children of these workers also count against the cap, the actual quota is much lower.

    Congress hasn't raised the annual cap since 1990. Over the past two decades U.S. GDP has risen by 64%, and the demand for skilled workers, notably in technical fields populated by foreign-born professionals, has risen dramatically. Yet our immigration policies pretend nothing has changed.

    "The problem facing skilled foreign nationals, employers and the U.S. economy is current law does not match the aspirations of these individuals or allow the country to harness their abilities," writes Mr. Anderson. "One result is many outstanding foreign nationals see potentially brighter futures in their home countries, leaving the America vulnerable to losing a pool of talent that has helped spur jobs, growth and innovation inside the United States."

    The costs of losing this human capital are high. Between 1990 and 2007, an astounding 25% of publicly traded companies in the U.S. that were started with venture capital had an immigrant founder. Many foreigners come initially to study or do research at our superior colleges and universities. But the barriers to remaining are forcing them out. A survey of 1,200 international students taken in March shows we can no longer take for granted that skilled immigrants will want to stay and work in America. Some 55% of Chinese, 53% of Europeans and 38% of Indian students worried about being able to obtain permanent residence in the U.S.

    Canada, Australia, the European Union and others have streamlined processes for hiring foreign workers to lure skilled immigrants away from the U.S. Unless Congress addresses these long wait times and low quotas, more immigrants will take the skills they acquire in U.S. universities and use them to help other nations prosper.





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  • sunnymit
    08-10 03:42 PM
    You are right that to get registered in US I would have to marry in US. That's why I was asking if I even need to get it registered in US to file for my green card. Response I got on this forum was Indian registration certificate is fine.

    I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.

    Thanks,
    Dinesh

    I think you will be fine as long as the marriage happened before your 485 got approved - which in your case is true. However, IMO since your wife is not here in US right now, you will need to do file her AOS via consular processing...



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  • bluez25
    08-23 03:48 PM
    I really appreciate Pappu and this is why I like IV a lot... Staying focused.. I wish I could come to the rally but due to lot of personal reasons I will not be able to attend. ..... and coming back to the focus point of this thread....

    Guys please stay on top of your case and make sure your's is not one of the case sitting in the dead box..... The actual message from the other thread just to avoid the jump....

    From a user expected from other forum
    ---------------------------------------

    Finally it's my turn - a Sunday phone call changed it all...
    ...yeah...yeah...yeah...
    ...etc...etc...etc...

    ...after hearing lots of crap for 6 years, finally I also got my approval on 8/21...no, no, no...it's not over for me...they wouldn't let that happen so easily... they approved mine...but they didn't approve my wife's....so, I am still waiting....just half way through....

    here is some snapshots my long story....

    EB3, India

    Labor PD: 10/18/2001 [ my own labor, NOT A SUBSTITUTE ]
    I140 / 485 ND: 11/13/2003
    I140 AD: 04/2004
    FP1: 12/2004
    stuck in Namecheck till 6/2006
    Xfer VSC to TSC: 3/2/07
    FP2: 5/9/07

    Status of case since then:

    6/4/07: All ready for approval, waiting in queue
    6/5/07: Assigned to an officer
    6/27/07: Officer on leave, reassigned to another officer
    8/6/07: Case waiting to be assigned to an officer ??? wtf ???
    8/13 - 8/17: Contacted everyone mentioned in this board, this isn't my first time...just the n-th time....

    8/19 - Sunday 5:56pm - actually this is the MOST important event. So, I shall never forget the time. I received a call in my home phone from extn. 1202. The gentleman with a 50sh voice, identified himself as an officer from USCIS. He mentioned that he is aware my case is stuck and wanted to know all details that I have been complaining about. After hearing everything from me and my wife, he looked into some stuff in his system. He particularly looked in details to whom my cases was assigned to....finally he apologised and told me, probably my case was assigned to AN OFFICER WHO IS NO MORE WITH USCIS FOR SOMETIME...phone call for around 48 minutes...
    he apologized again and told me that he would inform Texas Center that there are cases assigned to this person who is not with USCIS anymore...

    8/21 - 8:01 am - I got only one mail from CRIS "Approval Notice Sent for I485"
    ...don't know when I would get the "Card Production Ordered" and "Welcome" mails

    Well guys, did you notice the flurry of approval today?...mostly old cases....does that have anything with my Sunday's phone call?.....I am guessing so...

    My wife's cases didn't get approved since it is with another officer...hope to get that one soon...

    All the best to everyone in this forum....I hope lot's of more approvals to come in September....
    __________________
    EB3 India
    PD: 10/2001
    I-140/485 - ND - 11/2003
    I-140 AD - 6/2004
    I-485 - Transferred VSC to TSC - 3/2/07
    FP1 - 12/24/04
    FP2 - 5/9/07
    6/5/07 - Case assigned to an officer
    6/27/07 - Officer on leave, case reassigned to Another officer
    5th EAD AD - 7/26/07
    SR raised on - 6/11/07
    Reply on 7/26/07 - Complications lead to additional Reveiw - 6 months
    I-485 - AD: Never





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  • pfiction
    08-06 08:11 PM
    I saw a LUD on approved I-140 on 07/13. No LUD on 485 yet and waiting.



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  • obviously
    02-06 11:24 AM
    Pay rises are OK as long as they within range for the job classification in which you work. Only trigger point is when someone takes a drastic pay cut: usually an indicator of fraud / sham-companies.





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  • sam_hoosier
    04-05 12:24 PM
    Has anyone on a EAD or H1 taken a FHA house loan?
    FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
    Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)

    Would be interested in hearing your experiences.

    - JK

    I am on EAD and will be closing my loan (refinance) this week. I had explained my immigration status to the broker upfront, and they had no objection to moving with the loan. My lender is US Bank.



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  • still_waiting
    06-03 09:20 AM
    good job !





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  • Sreenuuk
    08-07 09:24 AM
    August Visa Bulletin is out.

    EB2 - Jun 1 2006 (Unchanged) for India/China
    EB3 - Unavailable.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html



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  • Ramba
    08-13 10:55 AM
    Hi All,

    I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.

    Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
    (Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying

    "The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."

    But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"

    Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?

    Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?

    Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....

    Please give me your thoughts...I would really appreciate your help...

    Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.





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  • sankap
    07-20 02:38 PM
    So, if your dependent has been on H-4 and used some document as proof of marriage, how would you account for two different dates--one for H4 etc, and the other for your US marriage?

    actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.



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  • nish
    10-07 11:41 AM
    Troll Alert.

    This is a Fake post. read word by word you will understand.

    Read all the posts by user nish. he/she is an anti immigrant.



    In one of the previous posts the same user tries to taint l1b visa holders.

    How could you say that I am anti immigrant? Here I have post this query to get suggestion from people and am not doing any anti immigrant things over here.

    I did post one of the query for L1 few month back..it does not mean i am anti immigrant

    how did you say about this?





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  • madhu345
    11-05 05:44 AM
    We will Lit 100 Candles by Diwali for sure





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  • thomachan72
    04-19 07:48 AM
    Please change the color or font. Its giving the feeling of getting a slap

    Please concenterate on his message. It seems very important to the person who asked the question.





    MerciesOfInjustices
    02-19 02:51 AM
    DLs are all managed at State level, but there is an effort to standardize it. My wife applied for DL/Learner's permit in AZ. We had H4 valid thru Aug 31, and an extension starting Sep 1, but they refused to give us the extended period. Their explanation - the software would not allow it. They could not enter information based on 2 documents because the Notice of the extension did not become effective till Sep 1. We had to go back & get it extended, and they did it without another test. But we had to pay another fee.
    And, I basically got a lifetime DL because I had applied way back in the good old days, 1998!





    nj.gc
    06-24 10:04 AM
    Even I have got same message yester day. But now it shows the package was delivered when i checked today morning.

    I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.


    I-765

    USCIS
    Texas Service Center
    P.O. Box 851041
    Mesquite, TX 75185-1041

    I-131

    USCIS Texas Service Center
    P.O. Box 851182
    Mesquite, TX 75185-1182

    Thanks



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