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  • India_USA
    10-05 10:46 AM
    my wife doesnt have EAD or H4. she has AP only which expires in mar 2011 and so does AP stamp on her i94.
    she got license valid only till mar 2011.
    less than 6 months for $48.

    she sent an email to customer service and this is the reply she got
    If you have a pending I-485 filed under derivative status of your husband you must be included in his I-140 petition. Is there some paperwork you filed to have you added under his I-140 after you married him? If not other option is to show that you have applied to extend your H4 status after march 2011 eg. I-539. You can get a driver license (if you have not already got one) till your current I94 is valid and then when you apply for an extension you can show the receipt notice and renew for a year or show us a valid EAD card.

    i dont have my 140 app and i dont remember getting her name added in 140. and i dont have H1 so no H4 option. so the only option left for here is filing her EAD. cause i dont know if they will extend it on AP alone with expired I94.

    Never knew that spouse had to be included in the I-140 stage... Is this a new rule?





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  • jayleno
    12-15 03:44 PM
    :D Nice find. Does it really say where he is from or where the wife has to go in case of the husband being laid off in 4 months time? It just says the person was born in India. I really dont want to extend this...please stop responding.

    Read line 2 of this thread, OP says he is EB3-India , so why should he not send his wife to India ??





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  • snathan
    05-19 01:00 PM
    Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.

    Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).

    Tell them you have to continue your job in India after the business discussions in USA.

    Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
    just one cent info....

    How and how they can prove he is not going to do any work at the location, the client will not be charged for that?





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  • raysaikat
    08-04 11:36 AM
    Hi, can someone help crack this puzzle?

    I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.

    In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.

    The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.

    The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.

    Now, he just called saying he is confused and not sure!

    His views:
    - There is no formal way to find out if the new I-140 was matched up with the old I-485.
    - He says he will ask his peers and will also call USCIS Customer Service.
    - He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.

    Appreciate any inputs!

    Cheers!

    IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).



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  • eb3retro
    11-03 05:03 PM
    I have applied for my H1B extension in july and got the approval in Aug...:D

    premium processing???





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  • Gravitation
    11-19 12:04 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC



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  • ingegarcia
    04-03 08:46 AM
    Yes that's my understanding too... if the application reaches the AINP office before April 15 then it will be considered under the current occupation list.....


    Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.

    Thanks





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  • gc_chahiye
    08-01 01:39 PM
    But dont you guys expect improvement after all this fiasco ?


    DOS and USCIS will work closely together so dates in VB are more accurate. We dont see all Cs ever again without legislative changes.

    What else is there to learn?



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  • pappu
    08-16 12:16 PM
    While it is good idea to move to UK there are similar protests going in UK due to job loss and lot of Work Permits going in favor of Indians. Recently I read an article which says that 18,000 Visas out of 30,000 Visa(High Tech) are granted to Indians.

    UK based companies pulled out their operations from India stating the quality of work from Indian operations is very poor.

    Adding fuel to fire Mr Mittal relentless aggression to acquire companies is all creating chaos in UK.

    My 2 cents
    yes correct.
    they have their own immigrationvoice http://www.vbsi.org.uk/





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  • wandmaker
    05-14 02:19 PM
    This is not a joke, we have received this querry, and are seeking some helpful advice.

    If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.



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  • kris04
    07-06 07:44 PM
    Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:

    "AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."

    I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"

    with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.

    Cheers

    Kris





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  • abhijitp
    11-16 06:44 PM
    I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
    My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...

    How did you know your I-140 went to VSC?
    I am curious because a lot of I-140's from my office (all filed in March 2007) are still pending approval with TSC. When we called USCIS for the status they asked us to call back after a couple of weeks (they need 30 days past the 6 months processing timeline). I am curious if these apps in fact got re-routed to some other service center. I hope they would send out a notification if they decided to do that!

    BTW, to answer your question, I think there is no way out, except to wait for VSC processing timelines to show up! (I assume you are saying they are not showing a processing timeline for I-140's at VSC.)



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  • dehradoon
    07-17 05:59 PM
    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?


    You will need to have your spouse back for biometrics, if not then reschedule it early as no show = abondonment of application





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  • DallasBlue
    07-13 09:50 PM
    Special thanks and hats off to all who are participating in the rally !!



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  • anzerraja
    07-20 03:19 AM
    Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.

    So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.

    There is a funding drive in this other thread towards reimbursing the administrative costs of IV.

    http://immigrationvoice.org/forum/showthread.php?t=10708

    Could you please pledge an amount ?





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  • qualified_trash
    09-21 11:01 AM
    joozz.......

    do not worry about where the lawyer is located. immigration law is under federal jurisdiction.

    pick a good lawyer (www.murthy.com, www.shahandkishore.com, www.immigration.com) and go with them



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  • rsrikant
    08-09 08:59 AM
    i filed my 140 on july 12th. Received receipt notice from TSC on jul 23rd.
    My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.

    Is he correct? Will there be no problem with my application?





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  • reddymjm
    05-01 10:01 AM
    I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
    Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
    it took a day for me to overcome the frustration of what had happened .
    and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
    2.is there any thing i can do to reopen my old case .


    Take a paid consultation with Murthy.com if you can ask for Murthy only.
    Good Luck.





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  • jambapamba
    07-19 07:48 AM
    NO

    1. W2's/TAX statements are NOT REQUIRED for employment based 485's. Some Attorneys may send them along to play it safe.

    2. Affidavits of support for employment based 485's are NOT REQUIRED at all.





    rc0878
    09-23 10:35 AM
    I think as far it does not say unknown, we should be good....but still we should atleast discuss this wit our respective attorneys and post our findings in here.

    BTW, mine is blank also.



    To answer your question the Priority date column is NULL ( i mean blank) for most of us in 485 Receipt Notice.

    But the "Section : " is showing UNKNOWN for some of us and showing something else for others...

    I'm wondering if that could be an issue - shall we call USCIS to fix this ?





    WillIBLucky
    12-08 08:13 AM
    Whats going on, nobody is taking about the bill in senate today? Yesterday's thread is also not been seen. Whats going on guys?