Monday, July 4, 2011

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  • prioritydate
    12-31 01:34 PM
    Where is the poll?

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  • narentilwani
    03-05 02:04 PM
    I believe my situation is a lot similar to man-woman-and-gc except maybe that I am single. This is what I have achieved so far after sticking to Company A for 4.5 years (this one was pretty big in size; so didn't have to worry about any paperwork):

    1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
    2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
    3) EAD valid till October 2010
    4) H1-B valid till October 2010
    5) PD: Feb 2007

    However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:

    1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time

    2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles

    I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:

    1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before

    2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?

    3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?

    4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)

    Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)

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  • Springflower
    12-22 02:16 PM

    I got 2 year EAD from NSC in August 2008.

    Wanted to apply for Advance Parole (second time).

    Is NSC issuing 2 year AP's ?

    Wondering if any body got Advance Parole for 2 years from NSC.

    Also, I appreciate if any one can share their experince about INFOPASS to get Advance Parole in case of emergency

    (if one did not apply for AP & need to travel urgently).

    Thenk you for your help!

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  • GC_ASP
    02-12 11:00 AM
    Go to , you can get quotes from some of the good insurance companies. You can apply for insurance without any pay obligation upfront. These prices are affordable. A small tip is that its better to shop individual plan than family plans as the family plans are expensive. Also the insurance is expensive for women compared to men. I would suggest you to go for smaller deductibles and no co-insurance. You could get a good insurance for 150 dollars per month. Let me know if you need more info on this.


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  • waiting4gc02
    02-28 12:44 PM
    I am in my 9th year and have applied for extension (3 yr, based on approved I-140).

    Now if my wife were to go to India and in a couple of months apply for her
    H4-Visa stamping in Delhi. What are the documents that she needs to carry ?


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  • gcgc2005
    12-17 10:31 PM
    Hello Everyone! Please advise me on the following agreement.

    I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.

    This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")

    Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.

    In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.

    Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.

    Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.


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  • clockwork
    09-19 07:02 PM
    Hi All,
    My I-140 got denied on Sept 4th. I have not received denial notice till now. Only 2 more weeks to file MTR/Appeal. How should i proceed now? My attorney still wants to wait for more time.

    Thanks and appreciate your help -

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  • pappu
    06-03 10:49 PM
    get a zebra.

    No wait. Tell your friend to get a zebra.



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  • Blog Feeds
    06-09 02:10 PM (
    The US Citizenship and Immigration Service (USCIS) has issued new guidance ( the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.

    The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.

    The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.

    If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by (

    More... (

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  • zeus2000
    04-07 02:18 AM
    Hi, I have a few questions about H-1B and switching to B1/2 status. I was recently laid off, and have an effective termination date of Apr 27. My firm also told me that they typically notify USCIS of this on May 15th. I am currently looking for a new job, but want to also plan in case I don't find one. Thanks in advance for taking the time to read these questions and help me out with them.

    1. If I find a new job before May (or May 15th), can I start working the moment the new employer files a petition? Do we have to wait for any notification from USCIS (like a receipt) first? If not, can I work the same date as the postmark date of the filing?
    2. In the above case, does my employer still have to file an LCA with DoL? If so, how long does this process take? I guess what I'm trying to wonder is, if I accept an offer and they begin paperwork on Day 1, what day can I actually work?

    3. If I do not find a job, when should I file an I-539 to change status to B1/2 (does it matter if B1 or B2?)? I guess what "postmark" date should I do this by? Apr 27? May 15th?
    4. After I mail in the change of status, but haven't actually changed yet (I hear this can take 2 months?), and I get a job offer, when can I start working? Do I lose my "instant-work" ability, and have to wait for the H1-B petition to clear? Is this when I want to use Premium Processing and hopefully be ready in 2 weeks? What happens to my pending B1/2 application?
    5. If I already received my B1/2 change of status, and now find a job, when can I work? Is this the same as Question 4?
    6. I understand that I am no longer subject to the cap, so my employer simply has to file a LCA and a petition for H1-B, in general?

    7. In the I-539 form, it asks to mail in my I-94 card (original). Until I get a new one, what status am I in? If I end up leaving the country then, what card do I surrender? It feels weird to not have a I-94 on my passport...
    8. The I-539 form seems simple enough to fill out. Any thoughts on whether I need a lawyer for this?
    9. Did I forget anything? :confused:

    Thanks so much again. I look forward to your helpful replies.


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  • pointlesswait
    12-10 10:37 AM
    you should be asking those questions to an attorney.. not amateurs like us..;-)

    > If u have a court document showing that you changed ur citizenship..that could help you.(but i am sure u don't have one)

    > and since u have stated ur place of birth is India on ur passport .. i think u are pretty much screwed.

    > consequences are not very difficult to figure out... both the Indian and US govt can come after you tiny brown a@s for fraud..(to put it mildly)..;-)

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  • desidas
    01-25 09:16 PM
    What would be fee for the old folks who filed I-485 in June?


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  • smartboy75
    08-04 07:37 PM
    Hi called USCIS to find out about my I-485 application....the lady who answered my call told me that my application was under extended review....she would'nt disclose much nor did I ask any additional info.

    I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....

    my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...

    Anybody else had similar issue or heard about "extended review"...

    Admin's any knowledge about what this is....


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  • nfinity
    02-13 02:30 PM
    no replies? cant believe i am the only one in this situation :)


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  • edaltsis
    08-19 01:44 PM
    Have to live at the mercy. My last 2 EAD renewals were very quick, I got them both in 10-15days after I applied.

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  • vxb2004
    10-03 07:03 PM
    As far as I know, I think you need an approved I-140 before you can use AC21.


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  • kirupa
    08-31 01:08 AM
    Ack, sorry Dash - didn't notice this thread. Are you still having difficulties resolving this issue?

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  • SGP
    12-06 11:29 AM
    My employer sent the documents for my H1b extension today to USCIS and they applied it through premium process, can anyone please let me know how many days it will take to get the Receipt notice both in Email and hardcopy?

    My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?

    Please let me know your suggestion.

    H1b extension Receipt Notice issue time in PP

    You will get the acknowledgment within 3 to 4 days of receipt.
    If you do not get receipt, then you are out of status and will have to leave the country. But don't worry you will have the receipt before Dec 15. BTW which center did you apply to?

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  • lonedesi
    12-17 12:35 PM

    Why this is not coming in the front page?

    Is this posting wrong?

    Thank You....

    We need to look at means to complain to ombudsman regarding the delays. My I-140 application is stuck in VSC and they are currently processing Apr 2006 (its been like that for last 6 months). Can IV core please provide us guidance in this regard? Any idea when the PP service will be restarted for I-140 applications?

    01-30 08:29 AM
    :(My H1 extension got denied and the attorney filed for MTR.
    Can i work while this is under process or should i use EAD?

    The reason for H1 extension rfe and subsequent denial was lack of End Client Letter of contract for another 2 years.

    Should i be using EAD to work and abondon H1?

    Will there be any problems for 485?

    Your advise is hightly appreciated. Please help

    PD - Oct 06 EB2 - India
    I-140 approved
    I-485 filed July 07

    07-17 11:16 PM
    I don't think your lawyer knows what he's talking about. All you need is your I-140 receipt. I applied for my wife on July 2 and used my I-140 approval notice. Did not even include the I-485 notice as the instructions did not ask for it. The simple solution is to go online and download the official instructions and figure out for yourself.

    I got myself in somewhat of a mess here and wondering if there is any solution?

    I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.

    She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.

    Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?


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