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  • inskrish
    04-18 11:40 AM
    Hello,

    I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.

    Thanks in advance.





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  • msyedy
    02-05 08:36 PM
    1) I agree with all who are asking you to quit and get your H1-B transfered, but my concern is whether your H1-B is still valid or not as your I-140 has been revoked or is still in consideration.

    You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.

    2) Time taken for an H1-B approval varies, it all depends on your fate.
    I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.

    3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.

    These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.





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  • GreenCard4US
    08-21 10:53 PM
    The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

    Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

    It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

    It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.

    Further Questions:

    Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.


    The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
    It would help to answer if you can correct the dates.





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  • suavesandeep
    01-13 11:13 PM
    If i am not drunk The whole idea of getting a labor substitution done was to get an earlier priority date. So i am pretty sure you should be getting your I-140 approved with the older priority date. I think you should talk to your lawyer to get it corrected.

    I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)



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  • Lewwy
    10-28 06:34 PM
    Wehey - I can do all that (- website layouts) and I havent had classes yet :)
    Your car is slightly different.. It has a gradient; where mine was bright purple.
    Can I view a few of your sigs? Or a website you have previously made?





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  • ursosweet
    02-06 09:35 AM
    I have been following this ongoing decision closely. I feel that going on EAD offers no disadvantage when compared with h1b extension (once 140 is approved and 6 months have passed).

    just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.

    I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).

    good luck.



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  • Lasantha
    06-17 11:19 PM
    All
    First of all, sorry to open a new thread for my problem, but didn't find a related thread.

    I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
    Iam very much worried if it will effect my chances of getting GC.
    Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?

    Please guide me.

    Thanks in advance.

    Hey Bro, as far as I know they only test for HIV, Siphilis,TB and Gonorrhea. I am loking at the copy of my medicals right now and I don't see Herpes mentioned anywhere. So I dont think the blood test looks for that. So don't jump the gun and tell the surgeon that you have it. My surgeon didn't even do a genital exam only checked my groin for lymph nodes. SO as far I can see you will be OK. Just take it easy and go for the test. ;)





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  • zico123
    05-17 01:53 PM
    According to BBC:
    Link: http://news.bbc.co.uk/2/hi/americas/6667257.stm

    The White House and the US Senate have reached a deal on an immigration bill that could give legal status to many of the 12m illegal immigrants in the US.

    Democratic Senator Edward Kennedy confirmed the agreement that would also establish a merit-based system for future migrants.

    US President George W Bush is expected to endorse the bill, which strengthens border controls, Mr Kennedy said.

    The proposal comes after months of bitterly fought debate over the issue.

    Points system

    After first paying visa fees and a $5,000 (�2,530) fine - and returning to their home country - illegal immigrants in the US would be eligible for the planned "Z visa".

    Holders of this proposed visa would have to wait between eight and 13 years for a decision on their permanent residency application.

    Another key component of the deal was the establishment of a "points system" that would emphasise new immigrants' education, language and job skills over family connections in awarding green cards.

    New limits would also apply to US citizens bringing foreign-born parents into the country.

    The bill also establishes a two-year temporary guest worker visa.

    Holders of this visa would be allowed to renew their papers twice, but would have to return home for a year between each stint, and would have virtually no chance of gaining permanent residency or citizenship under this program.

    The bill is expected to cause passionate debate in the Senate next week.

    Immigration reform has been one of Mr Bush's top priorities in government, after the so-called "war on terror".



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  • praveenuppaluri
    02-21 08:02 PM
    nmdial and sac-r-ten
    thanks for your responses. I am going forward with "do not apply" option for now.





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  • fide_champ
    04-09 09:09 AM
    Thanks Fide Champ.

    Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?

    If you have the receipt number for the I140, you can check the status. But your employer actually hold all the rights for I140 and they can chose to not provide any information to you about 140.
    If you are willing to spend some money I would suggest Sheela murthy if your case is complicated.



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  • psaxena
    01-25 08:13 AM
    Hope you do realize now that EAD doesn't get you anything but just the extended stay. Join together with and become a donor and actively participate in the advocacy efforts. No one else here will help you.
    Hope you and others in the similar situation understands sooner than later.





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  • svennela
    01-22 06:10 PM
    Thanks a lot..



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  • pappu
    07-13 02:38 PM
    The Conrad 30 J-1 physician waiver program is good news.

    IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.

    Paskal may have to update the group on the provisions that went into the final amendment.





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  • Edison99
    09-14 07:28 AM
    Thanks for the quote!
    Nobody's a slave. Each one of us can decide for ourselves, whether to stay around, or go back. You will be getting decently paid in either case. I used to feel the same, but then there's a saying in Sanskrit "Raja Kalasya Karanam" (The king is responsible for his own destiny. This is in reference to Mahabharat's Dhritirasthra)



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  • skd
    08-15 10:47 AM
    Don't Worry, I have been there 3 Times. Since I my start of GC process with the currents company, It has been acquired 3 times , So I am pro in that situation :)

    Here is my situation:

    My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.

    Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.

    Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).

    Questions:
    1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
    2. Can i join with company 'C' by invoking AC21?

    Please share your thoughts and experiences.





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  • singhsa3
    11-26 01:05 PM
    It is enforceable as it is "I owe you". Smart and cunning guy.
    the law depends on state. Its worth paying the lawyer few hundred bucks to findout what laws pertain to Ohio specifically.

    Generally bonds are not legally enforceable, but lawyers may know better and explain you the fine print.



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  • bajjuri77
    03-27 11:35 AM
    When you get the statement from an India bank, ask them to include the USD amount as of that date. That way you have both USD and INR amount in the statement.





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  • wandmaker
    02-25 01:34 AM
    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.

    Thanks a lot for your time. I appreciate your help in this regard.


    File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.





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  • WaitingForMyGC
    09-26 12:20 PM
    What's the difference between a catfish and a lawyer?

    One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.





    eb3retro
    04-09 01:01 PM
    Yes I have been in US since 1991. Here is my story.

    1991 1996 - Did Bachelors in US.

    1996 -1998 - Masters

    1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.

    Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.

    I wont really believe till I have card in my hand. Difficult to trust USCIS.


    congrats dude. ur pd should be 1991 instead of 2001. You really deserve it. have fun.





    gcdreamer05
    11-18 02:11 PM
    May be they are upgrading their systems, there was a post in this forums about uscis plans to merge 3 databases etc... may be its happening at last.:D



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