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  • casinoroyale
    06-19 03:44 PM
    But the text in the I-131 instructions is contradicting what you said.



    If you have current AP, you can travel while your AP renewal is pending. AP renewal will be from the date when your current AP expire.





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  • shana04
    02-12 03:38 PM
    Shana,
    Nice to know that you started the process. Did you send the job transfer letter to USCIS along with H1B transfer or you just did H1b transfer (with plan to send the letter later).

    In a way it�s nice that USCIS is tracking all applications together (H1B transfer, I140, I485 for a candidate). It atleast gives the confidence that they are tracking all together and may not get any RFE�s to give them copy of I140 or such.

    Please share any updates.
    - kishdam

    H1B transfer was regular transfer but my new employer used the same job code as specified in labor.

    My attorney, then send the AC21 with new employer offer letter to uscis.

    hope this helps





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  • diptam
    08-15 12:43 PM
    Some peoples think that they are the smartest world has ever Produced.

    When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.

    The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:

    People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?





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  • gcwait2007
    03-26 08:44 AM
    Thanks. Yes, that I certainly will have to do that. Any other areas need to be taken care of such as proof of financial audit reports for EB2 filer ? Or any other things...?

    Mine is getting into a scenario similar to your case!! Can you please update me what is happening in your inter-filing scenario? Thanks in advance.



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  • naushit
    02-01 05:18 PM
    Also add....

    7. STOP calling us "ALIENS". We are from just eastern part of earth.

    when I am called alien...I am really pissed.
    No tip for you....if you call me alien.





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  • imm_pro
    06-12 11:02 AM
    Nothing on CSPAN related to this yet..



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  • santb1975
    06-17 01:21 PM
    ^^


    If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.

    Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.

    Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.

    But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.

    The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants

    Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS

    There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.

    So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.

    If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.

    Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.

    We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.

    Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.





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  • abhijitp
    08-15 05:47 PM
    To
    "Folks who are Re-Filing just out of anxiety",

    Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?

    Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.

    SuperUsers and Moderators - What is your take on this ??

    Thanks,

    I think there are valid reasons for SOME of us to re-file but in general it should be avoided as much as possible. We are 20000 odd people here in TOTAL. That is about 7% The total number of applications received by USCIS (maybe 300000). So, while you are right there is no need to re-file just out of anxiety, I don't see how it will make any impact on the processing times.



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  • transpass
    02-23 02:16 PM
    I got the scanned copy of the RFE of my wife's case from my attorney this morning, here are the details - "Need secondary evidence to demonstrate the claimed relationship..."

    I had submitted the marriage certificate, but now they want more. Gurus, has anyone received something like this before, please suggest how this can be taken care of. Can someone point me to a sample affidavit, please?

    Thank you!!

    Sometimes, Indian passport has spouse's name entered...May be that should help also..





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  • eb3stuck
    11-09 02:37 PM
    Still waiting for FP ,called USCIS Customer service on Nov 06th,2007,rep advised to call after 30 days to file SR.
    She mentioned delay is because my application was sent to Nebraska as it should have been,Nebraska transferrd to California ,California did my ecept and EAD and sent back to Nebraska for further action....don't know when.
    I know people filing later than me and PD in 2006-2007 got their FP notices and FP done...
    __________________
    * EB3 - PD April 2002
    * I-140 Approved -Jan 2006
    * I-485, EAD - USCIS Received July 02nd,2007 @10:30 am
    *ND -Aug 30th,2007
    *EAD received - Sept 10th,2007

    Contributed $200 so far



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  • chanduv23
    01-09 05:13 PM
    logiclife - thanks for such a detailed description. And welcome back after a long time :)

    Your explanation was more "ANACONDA" than "COBRA"





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  • sanbaj
    03-27 11:56 AM
    Hello Sanbaj, where did you send your interfiling request ? I mean which center ? I am also in same situation but I did not send the original I-140 approval copy.
    NSC. I got the RNs from there.



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  • andy garcia
    06-05 01:09 PM
    (d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.

    this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.

    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.





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  • chanduv23
    10-26 05:17 PM
    Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.

    Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)

    Well, what is the point in saying it now, he should have said it in the 90s and early 2000 when industry was booming and people found a career path in coming to the US.
    Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.



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  • aray
    04-01 04:30 PM
    Sent Fax# 10.





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  • felix31
    04-01 03:20 PM
    sent fax #10



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  • karthiknv143
    05-15 12:30 AM
    I think this has a better chance than rest of other EB bills, because US wants more skilled persons and by defintion advanced degree holders from US in STEM are. Congress extended 20,000 H1 visa for US masters and PhD graduates some years ago whereas they were and are loathe to extend the total H1 numbers.
    Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)

    In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.

    my 2 cents.

    How many ever bills get introduced or hearings happen, there is the CHC which is blocking everything. Lets start a email/fax/phone campaign...





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  • GotGC??
    04-13 01:06 PM
    As two of the more senior members on this forum, please set a good example for others...not this.

    Whatever dude!

    Don't vent your anger on me; vent it on the immigration system. Like you I also have a right to say whatever I feel. If moderators feel it is against the forum guidelines they can delete my posts or threads and I am fine with this. This is called discipline and respect for system and authority. We are using someone's property when we post on this forum. We do not own it.

    In your office do you ask your CEO/VPs to first send you a one liner explaination before he takes a decision on your project? Think about it





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  • girishvar
    08-15 12:54 PM
    Whether H! or EAD, if you are changing job it should be same or similar job classification. Using EAD is a blessing in disguise as there is no need to notify USCIS, unless there is a RFE. However, it is always better to inform USCIS and keep the job change in their file. It will help you when you travel on Adavnce parole. At POE, you need not fear to answer the question, whether you work for the same employer? you can answer saying you work for a new employer and AC21 has already been notified to USCIS.

    Again the key is Same or similar occupation.


    I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
    But my question is how risky will it be if I switch job at this stage with EAD?

    Thanks in advance,
    BK





    prioritydate
    08-17 10:56 PM
    me too.
    EB2 PD - March 2004
    I485 - RD - July 27 2007

    You have been current for over 2 months. I am not sure why they are not touching your file. Are you stuck in a name check?





    mbartosik
    08-21 01:03 PM
    My attorney, who I deal with directly (he is part of big immigration law firm), had sent my some papers ages ago that the firm represents both myself and my employer.

    Could be that there are bar association rules for this, or maybe just this firm's policy. If it is wider than this firm, then you might be able to refer the attorney to the bar association. It would I guess depend on how much he knew, and whether he knew that you were under the impression that he would be applying for I485.

    You probably have a civil or criminal fraud case against employer, and if the attorney knew that you believed that employer was applying for I485 and in anyway facilitated this, even by willfully not returning a call until it was too late, he might be guilty/liable due to conspiracy. Conspiracy without a paper trail or witness is hard to prove. However it depends who has to pursue it. In any case would the attorney want a formal complaint against him on the record with the bar association.

    Find out if same employer & attorney did same to anyone else.

    If you pursue by yourself it will likely be costly. If you represent yourself less so, but hard work (google for "Pro Se" -- Latin for For Self, "Pro Bono" -- Latin for For the Good).

    If DoL or consumer affairs, bar association, or district attorney pursue, much less effort and cost, but less control for you.

    You must be with someone else and own attorney before you do anything.



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