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  • jayb1
    07-02 10:51 PM
    My attorney is encouraging me to take part in the proposed AILF Class Action Lawsuit against the Government by submitting I-485 to USCIS knowing that its going to be rejected. Anyone decided on this? What are the pros and cons? If there is a favorable outcome, I-485 may be accepted at that time (months? / years?). But here is my big concern: if I am a part of that lawsuit, my 485 may be considerably delayed (my PD is Feb 2005) ! I am aware that IV is encouraging lawsuit too. Any comments?





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  • shankash
    06-14 06:44 PM
    My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.

    Anyone has experience who filed I-485 MTR and it was successfull through this attorney.


    Please PM me if you do not want to share the experience in public.





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  • Asian
    10-03 10:00 AM
    Kapoor made many good points very clearly! A very good job indeed.

    I hope many more newspapers and magazines will deal with this story as well.





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  • snathan
    03-31 08:02 AM
    Hi..

    Need some urgent help here..

    One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.

    Question is

    What will happen to his H1B visa after L1 visa renewal ?

    Thanks in advance

    When the H1B was approved if COS was filed and approved, your friend is in trouble. The moment the H1B was approved with COS - means the H1B was coming into effect based on the effective date and L1 was gone. But if your friend did not join the company who sponsored the H1B and still working with L1 - he is out of status. L1 was invalid and he didnot join the H1B sponsor. Effectively he does not have any visa now.

    But if the H1B was not filed as COS - Change of Status, he is fine. Now if you go to renew the L1, he would lose the H1B. Whatever the latest visa became valid. So if he wants to switch over to H1B and if its not expired, he may need to file for COS.



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  • gcwaiting4031
    11-26 04:48 PM
    1) I got my EAD 3 months back. Also received my AP in Oct. Typically how long is the journey from EAD to actual GC?

    2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?

    3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?

    4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?

    PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
    __________________________________________________ ________________
    EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush





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  • tammman
    11-11 11:08 PM
    I have to renew my passport since it is expiring next month.

    What is the specification for the passport photo? It it 2inch x 2inch or
    is it 3.5cm by 3.5cm
    I was preparing to use the same as that of GC process, 2inch x 2inch
    but now I need to check this out...

    DOES ANYONE KNOW IF WE NEED TO TAKE A PREPAID POSTAGE ENVELOPE ? even if u attending in person..
    I'm going to SFO counsulate



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  • sem_us
    01-27 11:37 PM
    Hello,
    I received the following mail from USCIS. I had my birthdate wrong on my I-797 approval notice for F1. My school advisor had mailed the service center, and today I received this email from CRIS. Please let me know what this means exactly.

    Current Status: We mailed you an amended notice.

    On January 27, 2009, an amended notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If you move before receiving our notice, call customer service. If this I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Thanks in advance.

    Hello,
    I received the following mail from USCIS. I had my birthdate wrong on my I-797 approval notice for F1. My school advisor had mailed the service center, and today I received this email from CRIS. Please let me know what this means exactly.

    Current Status: We mailed you an amended notice.

    On January 27, 2009, an amended notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If you move before receiving our notice, call customer service. If this I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Thanks in advance.





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  • anurakt
    01-19 02:13 PM
    Please join us on the tri state chapter call .....



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  • GC_hope_2006
    08-08 04:55 PM
    Please find below my case details:

    i.Started on L1A in Dec 2001

    ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.

    iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).

    With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
    would it work as long as the Labour is filed before Oct 2007.

    Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.

    Any thoughts? Appreciate your comments.

    Thanks very much in advance.





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  • rsrikant
    10-22 10:01 AM
    i got receipt date as oct 11th on transfer notice.
    is it the receipt date of my 485? or will there be a different date on the actual receipt??

    my application reached on aug 3rd at texas.



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  • anilsal
    01-14 12:10 PM
    Please meet the lawyers and get their opinion. If all of them say the same thing, then that is the option. If they have differing opinion, then check back via immigration forums.

    Most of the folks at IV have applications based on employment and not based on marriage. So you may not get good answers.





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  • NKR
    10-21 08:32 PM
    With the risk of this news being branded too India specific, i am posting this...

    go to

    http://www.isro.org/pslv-c11/videos/introduction.htm for live webcast of chandrayaan launch. the launch is scheduled to be at 8.50 PM ET



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  • sam2006
    09-21 03:03 PM
    Guys
    i got a LUD on 140( 9/21) after 2 weeks of 485/EAD/AP RN ..

    all the RN from SRC...

    any one on the same boat





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  • trexx7
    09-26 02:03 PM
    http://www.businessweek.com/ap/financialnews/D8RT6BE80.htm

    This is one more reason why Congress should realize to increase the number of green cards.



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  • KLKJ
    06-16 06:26 PM
    I' am new here and find it hard to find my way through the "post all you want wherever you want":) feel that this forum gives me.
    Anyways, is there anyone out there waiting on an EAD from VSC? I hoped to see an EAD section or service center section on the forum but...
    I e-filed since November 3rd 2009 for EAD and did submit absolutely all required info, did biometrics in Feb.2010 not without having to inquire couple of times about the progress of my case. To this day I have received nothing that makes sense. It is an initial card.

    Yes, I have done plenty of SRE, calls, mails with return receipt until I saw a movement on my case status. My card was mailed on May 26 2010. To my surprise, after 7 painful months of wait for a card that should take around 3 months; the card for some reasons (that the post office refuse to accept as being accurate) was being returned as undeliverable on the 1st of June and again the 8th of June:confused::confused::confused::confused:: (I did call USCIS between that time time period to provide the address they already had!!!).

    I have not moved at all lately. The last change of address that I did was done by mail with return receipt, online, over the phone and I did receive a mail back at my new address stating that I did update my info. It was done in Novedmber 2009!!!!
    Out of the blue, the address at which I received my biometrics appointment and all other documents following the many calls and inquiries was not right when it came to mail my card....:D

    The post office that I did contact told me they had no reason to not deliver that particular mail since, yes my full name is displayed on the mail box, and yes it is a house not an apartment so less mismatches an all my other mails were dlivered... I have of course updated the address that they already have couple of times already but all I can do is wait ... Oh and I did the infopass as well, they could only type a note and give me a number linked to the inquiry like I get all the time. My DL expires tomorrow and the DMV won't renew without EAD or GC ...new policy at DMV!(my I485 is pending on I360 approved)

    That's where my actual burden is because I have to drive myself to school and not being able to do so is just a living nightmare for me.
    Now that you get the picture, I wonder if anyone who filed for an EAD at VSC since last year is still waiting? Is there any special backlog at VSC for EAD's that could help me start to understand what is going on here?





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  • lost_angeles
    07-14 11:51 AM
    Hello,
    I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.

    Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.

    Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.

    Thanks.



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  • justice4all
    02-02 05:15 PM
    Hello,
    I am planning to apply F1 for my wife so that she can avail OPT after graduation to work full time. My I140 has already been approved and I haven't applied my I485 yet. Can I go ahead or there any complications? Lawyers / gurus , suggestions please !!





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  • rpatel
    09-18 09:40 AM
    The story goes some thing like this....

    My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
    By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...

    Now my questions:

    1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?


    2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?

    Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou





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  • Abhishika
    12-13 06:32 AM
    Hi All,


    For the 140 appln we see that all service centers except TSC takes more than 6 months. TSC has a processing time frame of 6 months for 140
    where as NSC and CSC says they are processing 140 of Sep/jan 2006.


    We pay same fee for USCIS at all offices. This is a descrimination based on
    USCIS location. If 140 is approved and 485 is pending we have flexibility of changing the jobs.
    (ie if you had applied at NSC, then u will not get this flexibility)

    Most of the guys who applied at TSC during July 07 got the approval of 140 where as NSC and CSC are still processing 2006.
    (Mine was filed at TSC and on the 5th month got transferred to NSC.
    Now should it follow 6months of TSC processing time or go to the storage cabin and wait till the processing date at NSC comes to current?)

    So should we complain to ombudsman, to make the processing time similar at all the offices. If there is a difference of one months is OK but not more than one month.


    I would like to hear everyones opinion especially those who stuck at NSC and CSC.

    Thank You

    Abhishika





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    07-15 11:14 AM
    I am in





    golgappa
    11-17 04:41 PM
    1. when the H1B extension was applied, your employer must have attached the copy of the old H1B and USCIS also would have had the old H1B and date, still they approved..it so they took that 6 days in to consideration..that can be one argument..if you have to make somewhere.
    2. If your packed was mailed before 20 Feb and it reached on 26 that could also add to the argument...that it was "POST MARKED" before 20 Feb...but you dont have anything to show it..

    3. it seems you were technically "out of status" in those days...

    4. Was your I-94 was also till 20 FEb..normally they give I-94 10-15 days after the date of visa expiry..