Tuesday 7 June 2011

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  • ita
    11-13 10:26 AM
    I spoke with A CSR at NSC and she said she could n't confirm if the address has been updated or not since it is private information and she doesn't have access to it.

    I asked her about my EAD card.
    She took my reciept# ,checked the status and asked me to give the new address and said she sent request for the card to be resent.
    Is this how they do it ?

    So do I need to talk to IIO to see of my address is updated or not?

    Thank you.




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  • chanduv23
    09-03 04:05 PM
    I spoke with a 2nd level officer and came to know that my case is preadjudicated..but still not assigned to an officer and obviously the visa number has not been assigned. Is there anything I could do to make my case assigned to an IO in order to get the visa number and ofcourse the CPO?? Anyone experienced this??

    If your priority date is current, you may try opening a SR, though not sure if that would help.

    We don't know how internal processes work.

    Just chill, don't panic - your case will be assigned a visa number soon.




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  • greencardfever
    08-15 01:17 AM
    Hi,

    I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:

    1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?

    2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?

    3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?

    I'd really appreciate it if someone could please answer these questions for me.

    Thanks.




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  • cchaitu
    11-06 02:59 PM
    All Guru's

    My situation is little different,

    I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
    But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.

    I have only 2 options:

    1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

    2) Do not take the Company B offer (but this is very good offer)

    Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance



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  • geesee_99
    12-14 12:00 PM
    Any more Ideas/Advise guys?




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  • map_boiler
    08-11 03:28 PM
    Congrats bluez25!

    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.



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  • milind70
    06-04 11:59 AM
    My PD 15 July 2002 EB3 India and
    I485 Receipt Date May 12, 2004

    Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.

    I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.

    Oh well....

    IV is the only place that is doing a lot to change.
    Keep the good work IV.

    Have donated $200 under my name and $150 under my wife's name to IV

    Well this is always going to be there,FIFO is not guaranteed during adjustement of status.It is quite possible someone who has filed later and has a PD which is later is likely to be approved because this depends on various factors i.e case to case basis,FBI name check ,security clearance,immigration officer who is adjucating your case etc.
    But the good news for you is that your case has now has a available Visa Number and if your application is in order (as per the Immigration Officer)
    then u will get an approval.
    In other words your chances of your case /PD being retrogressed are highly unlikely.




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  • ebizash
    02-06 11:50 AM
    I was in the same boat last year when I was being promoted and was given 16% increase and a change of title. So my HR asked our immi attorney about any issues (my I-140 was already applied and pending at that time). My attorneys said that there is no issue for H1 as well as GC but they said that they have to file an amended H1-B petition for the promotion, change of title and pay hike.

    I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.

    I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.



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  • xela
    11-12 06:47 PM
    So for the non german speaking, we are simply biting on granite...oh well I lost my teeth doing that for the last 6 years...so I guess I keep biting ;-)




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  • ngaheer
    12-12 08:14 PM
    Thanks amitjoey,

    Some good pointers there. I knew there is wealth of ideas here.

    I am going to talk to a lawyer and propose this to the co. I am talking to. Hell, things can't get any shi**ier than they are now.



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  • rockstart
    06-15 03:42 PM
    In your case you need to get a rectified copy of the BC from the same municipal corporation that issued you the original certificate. That way all your documents bear a consistent name and other information.




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  • supender
    09-29 08:35 AM
    thanks



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  • kumar1
    07-18 01:39 PM
    ------------------------------------------------------------------------------------------------

    Please do not use abusive language. - Administrator2




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  • jaggu
    08-16 01:41 PM
    When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.
    I had L1 stamped first and then B1 and both for the same company. Because the company was same in both these cases, thats why there doesnt seem to reason for cancelling my B1. But this time, i am going for H1 stamping from some another company. It is sure that my L1 will get cancelled(because this is company specific visa) but have a doubt about B1.
    Is there any way/process that i can have B1(which i got from existing company) and H1(from new company) at the same time.



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  • gcseeker2002
    11-03 10:14 PM
    I am a july 2nd filer and my AP shows "Document mailed to applicant on Oct30", but EAD still shows "Pending" , anybody else in this situation ?
    I took infopass last tuesday so maybe they approved AP but EAD still pending, isnt this strange ?




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  • perm
    08-13 10:09 AM
    This is nice. I am in too



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  • thomachan72
    10-29 06:46 AM
    Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.

    It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?

    Thanks again!

    Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.




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  • english_august
    09-17 09:07 AM
    Read rally updates at http://dcrally.blogspot.com/




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  • americandesi
    09-06 02:38 PM
    1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days

    2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.

    3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.

    4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.

    5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)

    6) Issuing RFE for EAD biometrics even after completing biometrics.

    7) Issuing RFE for EAD biometrics without issuing biometrics notice.

    8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.

    9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.

    10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.

    11) CSR’s providing conflicting answers to the same question.

    12) Backward movement of processing times instead of forward movement.

    13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.

    14) Not sending the EAD physical cards on time even after the change in online status to CPO.

    15) IO’s at POE interpreting the usage of AP in different ways.

    16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.

    17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.

    18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.

    19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.

    20) Last but not the least, wasted visa numbers and growing backlog with increased fees.

    Sounds like our desi babus are better than these potato heads. God Bless America.




    desi485
    11-10 07:49 PM
    I don't know the answer and would be interested to know, however in case if your friend flys via destinations like UK then he might face issues while going back. If the current US visa stamp is expired for an indian citizen, transit visa is needed. So keep that too in mind.




    ibbu_arif
    11-16 10:33 AM
    Adurthy,

    I am in the same boat.. I am also waiting for my AP approval. (applied Oct 10th)

    Just wanted to know at which Service Center you filed? Did you get the reciept notices.

    My attorney says he will tell my reciept number as soon as he has it.
    I am thinking he is lazy to sort his mail :). It has been 5 weeks now.



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