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  • rajeshalex
    08-22 07:05 PM
    I had suggested this earlier. We can invoke FOIA to get the information needed. Though it might take some time , but usually information is released within a month...

    We can ask the USCIS to give the data in a below format

    Receipt Month, PD Month, Category, GC Approved Month or similar format





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  • yagw
    08-04 06:33 PM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;


    Nope. You will be asked to pay double the amount for 485 since they approved it before your EAD :D





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  • thomachan72
    03-04 09:29 AM
    Isn't there something called I-9 also that has to be maintained by the local HR?
    So basically the HR should pocess copies of the latest visa/I-797, I-94, LCA/I-129 and I-9?
    Correct / add if anything is missed. This is important for people who work in facilities other than corporate headquarters also where the files will primarily be maintained at the corp headquarters.





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  • atlfp
    04-09 03:39 PM
    I guess Berkeleybee was talking about me....I posted a few theories in another thread regarding PACE act.

    I certainly understand the IV has done a lot and am very excited about what you have achieved. Not sure how you view it, but I think posting my view in the forum is also a form of support. It may not be as much as you wanted, but nevertheless it by no mean is saying what you did was wrong, it's just some thing I thought about and I thought it might be worth to bring up. But If this bothers you then I have no problem to shut up.

    Not sure why IV chose to lock up live update threading to member only though. Growing number of members is definitely good, but I am not sure about forcing people to register to read. People participant when there is a passion in it, forcing they into it more or less drive the passion away.

    Just my 2 cents.


    All,

    Just to put this issue to bed once and for all. IV is committed to bringing its goals into legislation -- we are not wedded to any particular piece of legislation. If Plan A doesn't work, there is Plan B, C and D. Each with its own advantages and disadvantages.

    There have been some people who have been saying "Comprehensive reform is dead IV should work on PACE/Poster's favorite option."

    (1) It is not certain that CIR is dead. We are not about to toss it aside before the Senate has.

    (2) IV is fully prepared for PACE -- we have studied all of PACE's provisons (have the theorists even done this?). Did you happen to notice that one of the co-sponsors of PACE has already offered an amendment for us? We also have support from other co-sponsors.

    (3) Our amendments show that we have support no matter which legislation goes forward -- we have to shore up this support and make sure we get more for floor votes.

    BTW, I notice that some of our new theorists became members only a few days ago, probably to read the live update threads, and just a few days after that they start opining about what IV should do. ;-) Have they done anything with/for IV: volunteer, contribute, send webfaxes? I doubt it.

    Note to new members: please visit our Resources section and familiarize yourself with the material there, at the very least you'll see we have been doing our homework and we are not a one-theory-one-legislation group.

    best,
    Berkeleybee



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  • Gravitation
    12-17 11:38 AM
    2 years - 10 years.

    Not very precise... but that's as much as anybody knows.





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  • WeShallOvercome
    07-20 12:09 PM
    I applied for my labor in July and my PD is July 2007. If I get approved before August 17 then will I be able to apply for I140/485 before August 17th.


    Yes, but you'll need hard copy of your labour certificate which takes 1-3 weeks to arrive. I suggest keep ALL other documents 100% ready to go and send the application the moment your LC arrives. If it does not arrive by 16th, include whatever proof you have of the LC approval (email nitification etc..) and send your application. you never know they may accept it and issue an RFE later..



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  • siva008
    02-24 12:38 PM
    I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:


    If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

    With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

    ) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

    2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

    3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

    A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

    B) Membership in a recognized foreign or United States association or society in the specialty
    occupation;

    C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

    D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements



    if any one has similar problem please share

    Thanks





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  • ckumar
    10-12 12:15 PM
    Even I was in the same situation till yesterday. I'm a July 2nd filer @ NSC. I got my receipts for I-485/EAD and AP only yesterday. I had to call the customer service and get these numbers. So there's still hope. Hang in there guys. Your receipts should be coming out soon. I'd advice you to call up USCIS and ask them for the status. Good Luck to everyone.



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  • graviyera
    07-24 04:40 PM
    .....is marriage. If one is planning to get married soon, it is better to get married and jointly file for spouse after he/she is here.





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  • Anders �stberg
    May 2nd, 2005, 02:38 PM
    Thanks Brent!
    I'll experiment a bit the next time, it's just practice runs so far so I can afford some misses.



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  • GCNOMAD
    03-07 01:51 PM
    Hi,

    I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.

    When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.

    Some lessons learned from my above experiences and some points that might help you -
    1. The truth is, when your I-94 expires, you immediately loose your authority to work
    2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
    3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
    4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
    Take the above 4th point as its appropirate for you case.
    5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
    6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
    7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
    8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.

    After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.

    And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...

    I hope this helps and I wish you the best of luck to get it in the local CPB office itself.

    God Bless.





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  • supreet
    06-30 12:28 AM
    My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".

    The letter does not say if they are going to reschedule OR the reason for cancelling.

    I am a July 2007 applicant and this is the first FP appts we have got.

    Does anybody have this kind of experience before?
    Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.

    My case is in TSC.

    Any comment is appreciated.

    Thanks.
    Bipin :mad:
    I got the exact same letter. My wife and I were supposed to go to Oakland on July 7th for our FPs (our first) and today we got the letter which says "APPOINTMENT CANCELLED"; "No Need to Appear At ASC".

    Additional information - I was laif off last month (May). So far my 485/140 status is unchanged (no RFEs...keeping fingers crossed).

    Any ideas what's going on?

    - S



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  • gconmymind
    05-29 11:17 PM
    ramus, really appreciate your dedication in taking ownership of geeting people to send webfax. For the record sent the webfax, got my wife to send the web fax as well. Since people are so lazy if you ask somebody to send webfax, also include the url alteast that way they might click on the url and send the web fax. the url for the web fax is

    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46

    People for your own sake please follow all action alerts, web fax, calling senators emails etc. This is now or never
    Error while sending fax....

    Immigration Voice Web Fax
    Message was not sent
    Mailer Error: Language string failed to load: recipients_failedivoice-config@interpage.net





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  • fromnaija
    03-28 01:05 PM
    You will need to have your H1 amended to show that you are employed part time. You should be fine with that.


    My LC is languishing in Philly backlog center. Not sure if I beleive that they will have it completed by Sep 2007. In any case, I am blessed enough to be able to switch to a part time status at work. I am enrolling in a part time graduate program. My question is - will going part time at work hurt me with LC or even later with 140, 485, or maybe even green card interview?? Thanks.



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  • jsb
    08-31 03:00 PM
    jsb thanks.

    Basically what this all tells me is that there is no motivation from USCIS to clear things up. They like things muddied so that they can define the processing date either as Received or Notice or Receipt as per their comfort. :)

    No. They believe they are working their best. Think of an assignment received by your company's Headoffice on July 2, 07, but it came to you to work, on Oct 11, 07. If you are to provide periodical progress, what will you call your Receiving Date of assignment? Oct 11, 07.

    Processing Centers provide their monthly progress report to be published. They treat the date when they, the centers, (not the USCIS mail room) received, as the receive date, which is close to the Notice Date. Hence the confusion. If you ask them if they use ND sequence, they will confidentally tell you that they use the receiving date for sequencing their work, which to their belief is true.

    Logically RD on your receipt should be used. Even if some senior guy at USCIS decides and instructs centers to process cases in that order, can they do it. No, as their sorting of cases is in order they (the centers) physically received them. It will be too tedious to re-sort tens of thousands of cases manually, particularly when mailroom RD is nowhere other than a stamp on the file, and as manually entered info on your receipt. Many follow up documents don't even mention that date, or even PD, as they are not part of the system information. Online info also shows some date close to ND as "your case was received on...".

    There is a motivation to use up visas by Sep 30, as bosses question if they don't do that. But if they don't give visas in order of priority (whatever it be), no one questions, as it is difficult to prove someone to be wrong, or to correct even when something is proven wrong.

    Bottomline is that the whole process translates to Luck.





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  • frostrated
    07-06 03:36 PM
    you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.

    Okay, i checked and I stand corrected. if you are returning the same employer, then you can continue in H1B status. Here is a link that might answer all your questions.
    Z&A - Advance Parole (http://www.hooyou.com/advanceparole/h1bv-ap.html)



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  • Beemar
    12-08 09:38 PM
    Somebody recently gave me a red dot for one of my posts, which is alright, but the person qualified it with a highly offensive Hindi expletive. The words are too obscene to be posted in open forum so I will refrain from reproducing them.

    I want IV to reveal the name of the culprit, and ban him/her immediately. Failing which, I will have to evaluate other options to seek redress.

    Needless to say, this whole dot mongering is seriously flawed and needs rethinking.





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  • desi3933
    03-02 06:42 AM
    Thanks for you valuable information.

    My last entry was on Mar 2008. So as per your reply, even if i have less pay on my W2 for 2006 it wont effect my H1 transfer?

    Kindly reply

    Thanks
    Tiger



    As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.


    ____________________
    Not a legal advice
    US citizen of Indian origin





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  • rockrocky
    01-14 10:53 PM
    I have used Hopeforhaiti.com to donate.
    it is truly heart breaking to see the footage of the aftermath. I hope God gives them strength and courage to deal with the situation and the country rebuilds itself.

    ~R





    milind70
    09-16 02:16 PM
    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas

    Well if you have used EAD to join the new employer you have no other option but use valid AP for reentry, if you have used H1 transfer and if you plan to get the H1 stamping (if the passport H1 stamp is expired) then you enter normally,
    if you already have a valid stamping in passport make sure you show the latest I 797 showing the latest employer whom you are currently working so the IO enters the correct employer details.

    This travel will not have any impact as long as you have AP and the new employer is supporting you GC process( i meant was providing documents as requested by USCIS if any)





    bomber
    08-16 06:28 PM
    Does anyone have any idea what the code stands for.

    485 RD 7/2
    ND 7/30
    FP date 8/28 for both me any my husband
    FP code 3

    Code 3 means "Fingerprinting, signatures and photos will be taken"



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