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  • beautifulMind
    07-16 10:15 PM
    But isn't AC21 for a different position irrespective of whether you use it in the same company or different company. Technically you are suppose to be in same occupation till you get your green card Which is problem for me because i am trying to use the benefits obtained (EAD and AP) from my EB3 position and being promoted to a EB2 position while using the EAD and AP of my EB3 application





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  • reddog
    09-28 09:48 AM
    Most likely the employer will not go thru the suing process to recover $4000, he will simply put you in his black book.
    At the max, you will not have the luxury of asking experiences letter or any other document you may/may not need now or in the future.
    3 years is a pretty long time and I believe you should negotiate with him and leave proffesionally.
    That way, even if you do not pay, you always keep the option open of paying him when you need him later. ( I know it sounds repulsive, but depending on other circumstances, like how much did he keep out of the billing rate and what other benefits he was giving you and many other factors) should contribute to your resigning deal with him.





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  • lacrossegc
    08-10 02:08 PM
    lets hope that the administration actually implements what it says it wants to do ...
    reducing the waiting times for background checks will help ....so that most adjustment apps will move to the "recommend approval" stage quickly and just wait for the Visa numbers to be current......





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  • mdross2
    11-16 01:19 PM
    Hi All

    I have a query, Maybe some of the experts here can help me out.

    1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
    2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
    3. In 2006 I switched to company C. (I have the original for I-797A)

    All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.


    Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)

    Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?

    Thanks.



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  • Sri_
    11-09 06:48 PM
    My check was cashed on 08/31. Based on the receipt numbers on the back of the check, online status shows that receipts were mailed on 08/31, but I haven't received till date. On 10/01, I called customer service and made them create service request. No progress so far. I am planning to call sometime next week and find the status of the service request.

    Is anyone in the similar situation of not receiving the receipts even after check has cashed way back.

    Thanks





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  • GoneSouth
    07-05 11:31 PM
    then outsourced jobs will come back to USA

    Oh? Who are they going to hire? ;)



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  • wizkid732
    08-26 07:47 AM
    Thanks overseas.
    Just curious... has your case been approved?
    I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.

    They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.

    I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).

    I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.

    I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).


    wizkid732,

    My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.

    On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.





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  • diptam
    07-05 08:56 PM
    I do NOT understand about AILA's lawsuit if the packages don't come back.

    But as long as you can reproduce the Originals you should be able to file
    485 again if your PD becomes CURRENT - Why Not ??

    Is there any law which says that unless you get back 485 rejected you can't
    file again. I dont think so.



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  • widad2020
    07-17 05:47 PM
    Congrats and Good Luck to all.Thanks





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  • vban2007
    07-13 01:38 PM
    Please delete this TOPIC



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  • gcdreamer05
    10-02 01:47 PM
    I saw so many RFE recently. I am wondering If there is RFE, the attorney can not represent me. Can i just send RFE by myself to CIS? Or the attorney has to do it.

    Thanks

    RFE one pending 485 or RFE on what, please clarify...





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  • gcisadawg
    12-17 11:25 AM
    I traveled via Lufthansa last month ( EWR-FRA-MAA) and had approved H1B petition on hand ( to show that I'm legally working without any gaps) and on returning I showed AP.

    If you look at German consulate site, they have mentioned that if an Indian citizen residing in US is traveling to India, then he just need to have proof of continuous legal stay in US.

    If an Indian citizen living in US is travelling to say, Australia, then he needs to have German transit visa in addition to Australian Visa.

    While returning, it is either AP or valid stamp on passport.



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  • kk_2000
    11-06 08:54 PM
    Hi,

    We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".

    Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".

    Can you please share your experience?

    Thanks,
    KK





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  • zuhail
    05-28 10:33 AM
    All Employment-Based I-485 Inventory pending at the Service Centers as of March 08,2010.

    http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf

    From Murthy Law Firm : U.S. Immigration Law (http://www.murthy.com)

    1. USCIS Update on Pending Employment-Based I-485s
    �MurthyDotCom
    The U.S. Citizenship and Immigration Services (USCIS) has updated charts of pending employment-based (EB) adjustment of status (I-485) cases. These charts provide precise details of the numbers of I-485 cases currently filed and pending with the USCIS by year and month of priority date, and country of chargeability. They provide a helpful picture of the pending demand for the limited immigrant visa numbers in each EB category. They also can be compared to earlier charts to gain insights into visa number usage.
    �MurthyDotCom

    Background on USCIS Charts on EB I-485s
    �MurthyDotCom
    The USCIS started providing the pending EB I-485 charts after the overhaul of the USCIS WebSite. The first set of these charts was reported to MurthyDotCom and MurthyBulletin readers in our article, USCIS Shares Useful Info in Pending I-485 Charts (30.Oct.2009). As before, there are six separate charts with details of pending EB I-485 cases.
    �MurthyDotCom

    Current USCIS I-485 Charts and Usage of Immigrant Visas
    �MurthyDotCom
    The most recent charts (PDF 450KB), with data as of March 8, 2010, are available on the USCIS WebSite. The real insight that can be gleaned from these charts relates to the demand for immigrant visa numbers. In order for an I-485 to be approved, and for an applicant to become a permanent resident, there must be an immigrant visa number available. The immigrant visa numbers represent the annual limit on the number of foreign nationals permitted to become U.S. permanent residents in each fiscal year.
    �MurthyDotCom

    Visa number availability is reflected in the U.S. Department of State (DOS) Visa Bulletin issued each month. The Visa Bulletin cutoff dates are established by the DOS based upon estimates of demand for immigrant visa numbers.
    �MurthyDotCom

    The USCIS charts provide a picture of that demand and, for some, a clearer explanation of why the cutoff dates in the Visa Bulletin move so slowly or stagnate. MurthyDotCom and MurthyBulletin readers who are unfamiliar with the concept of priority dates, visa numbers, and the Visa Bulletin may find some of the articles on these topics helpful. They are posted regularly on MurthyDotCom, and available by using our search feature.
    �MurthyDotCom

    EB2 Analysis and Backlogs for India and China
    �MurthyDotCom
    In the EB2 category, historically, only India and China regularly experience cutoff dates in the Visa Bulletin. This is reflected in the volume of pending cases in EB2 for all countries other than India and China. There are enough visa numbers available to meet demand and, thus, there is not a large volume of pending cases. These cases can be routinely processed without delays due to visa number issues. Thus, there are only slightly more than 3,300 EB2 I-485s from countries other than India, China, Mexico, and the Philippines. Most of these cases have priority dates between 2005 to 2010.
    �MurthyDotCom

    This contrasts sharply with the volume of cases pending in EB2 for nationals of India and China. China has 16,630 pending EB2 cases, most having priority dates between 2005 and 2007. India has more than twice as many as China, with slightly more than 39,000 cases pending. Of these, most have priority dates that fall between 2005 and 2007.
    �MurthyDotCom

    When the current pending cases for EB2 India are compared to the chart provided in our October 2009 article, there is a noticeable change. The older charts show more than 6,000 pending EB2 India cases with priority dates in 2004. The newer charts reflect only about 300 such cases, and fewer than 300 with priority dates of earlier than 2004.
    �MurthyDotCom

    Thousands of LC Filings in March 2005

    The Visa Bulletin cutoff date for EB2 India has been stagnant for four months as of this writing, with a cutoff date of February 1, 2005. The likelihood of forward movement increases, as the cases with earlier priority dates are processed to completion. However, one important reason for the stagnation in February becomes evident when reviewing the number of pending cases with a March 2005 priority date. The chart reflects more than 3,000 cases pending in EB2 India, with a March 2005 priority date. This is due to a large volume of labor certification cases filed prior to the shift to the mandatory PERM process in labor certification procedures, which occurred at the end of March 2005.
    �MurthyDotCom

    EB3 Analysis and Maximum Pending EB3s for Indians
    �MurthyDotCom
    The EB3 category has a demand for visa numbers that exceeds the supply for all countries of chargeability. The USCIS reports that, as of March 8, 2010, there were almost 136,000 pending EB3 I-485s. The vast majority - almost 60,000 - were filed by Indian nationals.
    �MurthyDotCom

    There continues to be a large number of EB3 cases with priority dates as early as 2001 and 2002. There are even larger numbers of pending cases with priority dates between 2003 and 2007. When compared to the charts from our October 2009 article, there is a noticeable reduction - over 5,000 - in the number of cases with 2001 priority dates.
    �MurthyDotCom

    Conclusion
    �MurthyDotCom
    These USCIS charts provide, for some, a rather grim picture of the wait time for visa numbers in their categories. For others, it may offer some hope that they are likely to be next in line. We believe that it is helpful to have a realistic picture and an understanding of why certain cases must wait for years for the I-485 approval under the current system. We appreciate the willingness of the USCIS to share these helpful updates so that individuals and their families can plan their lives.
    �MurthyDotCom

    Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved



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  • rsayed
    09-14 01:13 PM
    Your visa will be stamped for the required period - IRRESPECTIVE of your Passport expiry (the only condition being that your passport should be valid for the next 6 months).

    Upon expiry of your passort - you can travel with your renewed (or new booklet passport), though your US Visa remains in the old passport.

    You will need to carry BOTH your old passport (with the US Visa) and the new one, anytime you travel in and out of the US.



    Hi Friends,

    Please read the below query and post any information you have. Thanks in advance for your help !

    I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October

    My current H1 VISA is valid until Nov 2006.

    I am planning to get restmped based on my new H1 petition valid until Sep 2008.

    The problem here is that my passport is valid only until Dec 2007.

    In this case Can I get the new VISA stamped until Sep 2008?
    On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"

    Please post your valuable replies.

    Regards,
    Krishna.





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  • CaliHoneB
    02-24 07:25 PM
    I have been reading all the posts and been contributing modestly and been suffering for a long time because of retrogression. In my humble opinion what ever we do if it needs to succeed we definitely need to *distinguish* ourselves from illegal aliens and other professions and prove that us staying here is in best interest of the US. Not to discourage anybody but CIR is a big task and I don't think politicians are really ready to solve this problem because of its magnitude and huge implications it is going to have for deciding to go one way or another. Probably retrogression would have been solvable with relative difficulty if it is not for the timing of CIR.
    and somebody mentioned that allowing to file for 485 with out need for waiting for visa numbers may actually increase the retrogression because of some of the privisions for illegal aliens..I am not totally sure on this but if it is true it just makes all the more important that we need to establish seperate category for high skilled workers.
    I think SKIL bill would be one way to go and another would be to actually lower the limit of investment category visa..I know the second one seems like a long shot because currently it requires $500K in rural areas and generally one million but hear me out
    If we could lower that limit to $100 k and make it investment in any US based companies in addition to having certain years of work experience in the US. We can argue that we are actually contributing to economy in more than one way and us being here helps generate more jobs in the US and it definitely makes different from others.
    I know preapproved labors were being sold at >$25k at one point and if people knew that there wouldn't be any problems with that then a lot of us would have shed that money for a guaranteed GC so if 100k over a period of time would guarantee a GC and that 100k is still going to be with us after certain amount of time then may be it is not that bad idea....



    I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..

    http://immigrationvoice.org/forum/showthread.php?t=600



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  • chumki
    12-17 03:46 PM
    Got laid off but found a new job and working on EAD.

    Status :
    I-485 pending over 180 days
    I-140 approved and employer will not revoke I-140 and I-485
    Received EAD and AP.

    Question is now:

    1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?

    2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?

    3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?

    I am very confused.





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  • dush0805
    11-25 01:32 PM
    I am in the same position guys, I have a approved H1b visa (started oct 2010), I am flying to mumbai through Munic, so I probably wont need a transit visa....

    But let me ask you a dumb question, what does AP stand for?





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  • gc28262
    02-10 11:06 AM
    When using AC21, In case of RFE on I1485, do we need to have a copy of approved I-140 ?

    Or is the receipt number enough ?





    ilwaiting
    04-12 08:45 AM
    1st - Apply your PERM labor ASAP. If you are luckly and labor comes thru quickly before Dec'07 you could apply for 140 in Premium processing and once 140 is approved you would be eligible for 3yrs H1b extension irrespective when your labor was filed

    2nd - If your labor does not comes thru quickly you should try to recapture time lost on H1 when you were out of the country in the last 6 yrs. i.e Time spent out side US(vacation or business trips) can be recaptured. This might give you the 1 year required since labor so that you could file your H1b extension later.

    Contact a good attroney.

    Hi,

    I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!

    I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.

    Thanks!
    Keith





    MCQ
    05-05 01:24 PM
    You need to wait until you have submitted your I-485, and to be on the safe side, got an EAD. The can write these things for pleasure all you want, but the minute you try to sell them - then it's 'Work' and you can only work in the US for the people that sponsored your H1-B.

    Sorry
    McQ



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