Thursday, June 9, 2011

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  • ameerka_dream
    05-08 09:22 AM
    Can anybody or Can any attorney respond to my question??

    Thanks in advance.




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  • indigo10
    10-25 02:32 PM
    how do you get a copy of the approved i-140 if the employer is not willing to give it?

    There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).


    However, You can file a request using FOIA. Check the following threads.

    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html

    http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html




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  • LostInGCProcess
    06-12 06:02 PM
    No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    Note:
    "Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.

    GCCovet


    They have sent me a "Acquisition Notification" letter (pdf file). In which it says "NEW Company has acquired OLD company via 100% stock Purchase."

    Also in the letter it says "NEW company succeeded to the interests and obligation of OLD Company . NEW Company has assumed the liabilities and obligations of the H1B employees of OLD company.

    And its signed by both parties of NEW and OLD company.

    Is this letter sufficient for me to hang on to?
    Should I ask for EVL too?

    I am worried because my last payroll was from the new company...My OLD employer told me otherwise that everything would be same....i mean no company name change etc...apparently he lied to me.




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  • Caliber
    05-08 11:47 AM
    Did they issue your EAD from the time the previous one expired or from the current date. If current date, you'd have lost about 3 months or validity.

    Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.

    Next day from the expiration of present EAD



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  • 485Mbe4001
    06-13 11:58 AM
    My uncles GC's and Indian passports were stolen a few years back. it took them 6 months to get a new card, you cannot leave the country. Other than that they did not have major issues. File a police report keep copies of the report and all correspondence in safe deposit box. As a precaution put a hold on your credit at the 3 credit agencies.

    Hi All,

    We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

    Please help us with any suggestions.

    Thanking you all.




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  • logiclife
    12-05 12:47 PM
    Online tracking or toll-free numbers tracking is really useless. It doesnt say much about the content of correspondence.

    The automated messages(online and phone) say one of the 5-6 standard recorded messages. Nothing more. If there is an RFE, its says there was an "Inquiry". It doesnt say what the RFE was about whehter it was about the beneficiary or the employer. If you talk to a live person, they say that you are not entitled to information as you are the beneficiary and you need to talk to the petitioner or lawyer of the petitioner.

    What you need is COPIES of everything that the lawyer sends out to USCIS. Preferably BEFORE he sends out that fedex. So that you can verify yourself if they have made typos or mistakes in names, dates, etc.(most common paperwork errors).



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  • jkm2282
    01-07 09:06 PM
    Thanks. The VO did said that the visa has been issued and the PP would be delivered to me in 5-7 days. It's been over a week now and i am getting all tensed about this whole thing. Can i just go over to the consulate and enquire about it? There is no appointment needed?




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  • f1togc
    09-09 01:47 AM
    I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)

    How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?

    This is way too confusing...

    You can enter US on your AP ( I guess thats the purpose of it) and you don't lose your h1 status.
    Babu is right, you will be a parolee and can still work for your h1 sponsoring company.



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  • psaxena
    01-25 08:13 AM
    Hope you do realize now that EAD doesn't get you anything but just the extended stay. Join together with and become a donor and actively participate in the advocacy efforts. No one else here will help you.
    Hope you and others in the similar situation understands sooner than later.




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  • skarthy
    09-10 10:34 AM
    Thats the same issue I have. My H1 is valid till 2010 and if I use AP now they will give it till Nov'2009. would I need to apply for H1 extension before my I-94(parolee) expires so that I can have an I-94 that is valid ?


    Hi ,

    Here is the scenario:

    -- My AP expires in Dec'08 ( Applied for extension and waiting..)
    -- H1 in Apr'09.

    If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?

    Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?

    Please advice.

    - Thanks



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  • kondur_007
    04-17 05:49 PM
    they will not "do away" with comprehensive..... if it fails this year they will bring it up again next year and next..... there is no room for piecemeal...... if there were.... they would do it after cir failed in 2006, but they didn't..... they could do after cir failed in 2007, but again they didn't...... or they could do piecemeal in 2008, 9 or 10..... the fact they didn't .... it just tells us that we ought to learn something here..... there is nothing called piecemeal & there will never be anything called piecemeal in this leg of immigration reform, other than our own fantasy world.... so get over it...... there is only 1 way to do it.... cir

    lets start the undocumented bashing party now......

    I would agree with you on this. However, a failed attempt is better than no attempt.

    Problem is, politically we (legal immigrants) have no leverage and so only thing we can count on is to piggyback our agenda into CIR; whether we like or not like undocumented is a "secondary issue". Only potential damage that could occur to legal immigration (from CIR) is chocking up the system; and therefore, we have to include that in our efforts else legal immigration will be a history for about a century.

    Legislative relief is the only possible relief for EB3 India; else people who are already waiting for almost a decade will have another decade of wait; simply rediculous.




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  • arnet
    08-24 05:56 PM
    Instead of posting questions here, PLEASE send it to the email (legal_advise@immigrationvoice.org) with proper format (as mentioned by IV member "sertasheep" in starting of this thread like name, city/state, question....) so that it will be easier for IV team to compile your questions. Just an idea....



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  • ttdam
    11-05 06:03 PM
    FP recd - 11/05

    ==========================================
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/12/07.
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/19 from VSC. Received 10/29
    AP - RFE for clear copies of PP
    FP - Recd 11/05




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  • div_bell_2003
    09-18 02:24 PM
    Any response to that ? My wife's EAD is expiring on Oct 22nd , I have e-filed for her EAD renewal , got the receipt and the FP notice promptly, but after Sep 03 FP, no status update and I have seen people applying after me ( paper filed ) getting CPO emails :( , so can she work on the receipt or not ? any pointers ?

    Just to add, her EAD renewal is pending at NSC but the FP notice came from MSC, hope NSC can access the biometrics from MSC ( heard some cases where once center could not access the other center's biometrics )



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  • belmontboy
    10-06 08:47 PM
    Guys,
    I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.

    what laws are you looking for?

    AFAIK, there are no restrictions on H1B holder trading a/c. They enjoy same privileges as everybody else.

    Uncle sam doesnot care as long as you pay the taxes on ur profits.




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  • upuaut
    09-10 04:18 AM
    you know.. I meant to do this a while ago, but lost track of the thought. I have a write up in one of my books, done by Colin Moock, in which he takes his frame rate tester and tests a variety of things to see which effect frame rate and to what degree. I really do think it's worth posting. I'll try to do a small write up on the subject soon.



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  • vvicky72
    09-12 09:12 AM
    If you are the owner of this site, pls post information how people should report any breaking of law.

    Thanks for posing IV link on your homepage.

    I am in the process of enhancing the content on my website. I will keep this on the top of my list.

    Thanks.




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  • jumanji4u
    01-27 02:02 PM
    Congrats!!!. Let your shining success prevail on us. :D




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  • kishdam
    02-11 02:14 PM
    The 800K pending 485s include people who have filed multiple 485s.
    Cases like
    1) Spouses filing thier own as well as dependant.
    2) More then one primary filing.

    So i guess there are about 100K duplicate and invalid applications.

    In a way our community contributes to our own downfall...

    Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.

    I think that is not really true - You cannot file more than one I485 as in other stages of immigration process (you can file multiple H1B’s; multiple I140’s etc). Because I485 is for adjustment of status to an individual and is unique for each individual. Yes there will be applications for primary and dependent but each of them take a visa number anyway and they have to be counted.

    In the I485 – adjustment of status - an applicant can change the preference category (EB2 vs EB3) by interfiling new I140 approval i.e. by suppling the new I140 approval papers which will update an existing I485 but cannot file a new I485. This is true for EB category cases. I am not sure if we can apply I485 in EB and FB categories – I doubt that as well but even if its possible how many people in EB category can have FB application pending? My guess is less than 1%.

    If 800K has both FB and EB applications, majority of them may be FB but even in EB there can be huge backlog. Considering country quotas we are looking at very long waits unless the law change.




    ramana_akp
    12-17 10:00 PM
    thanks for the inputs guys..

    This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...

    Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..

    Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??

    Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
    thanks again for your inputs..can you share some of your experinces.




    singhsa3
    12-13 11:58 AM
    What would we do without you...
    The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

    The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

    EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


    thanks
    ram



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