starving_dog
09-01  09:39 AM
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.
 
I wanted to start this thread in members only, but it wouldn't let me.
 
Thanks.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
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webslinger
08-26  11:32 AM
Hi Vikramy - Do you know of any particular reasons for these transfer denials? Also what could have been the reason in your case? Please explain if you have examples for the company starting with cognXXXXX, I just put my transfer papers in to join them.... :confused:
amores perros. amores perros
ronhira
10-08  05:52 PM
tarikh pe tarikh.... tarikh pe tarikh.... kaab taak????? 
 
JwbLZYSCCiw
JwbLZYSCCiw
amores perros. Amores Perros
GreeNever
02-08  02:23 PM
How about leveraging the Ministry for Overseas Indian Affairs too? Though the content does not necessarily reflect conditions in US, it still seems to be bang on here (in light of Pres.Bush's impending visit to India) :
 
 
 
........
New Delhi: Problems being faced by Indians working abroad will receive special attention, Minister for Overseas Indian Affairs Vayalar Ravi said listing his priorities as he took charge of the ministry in New Delhi on Monday.
 
Ravi, whose assumption of charge as Cabinet minister is expected to lend high profile to the year-old ministry, said he would also make efforts to bring "further improvement" in the functioning of Indian missions abroad in relation to workers.
 
 
 
"Indians working abroad do face problems. There are persisting problems. My first priority will be to look after their interests and protect them," he told reporters.
 
Observing that about 25 million Indians were currently working abroad, he said the problems are particularly faced by Indian workers in Gulf countries.
 
The minister said addressing the issue would include sensitising the missions with regard to problems of Indian workers.
 
"Although the complaints [about attitude of the missions with regard to immigrant workers] have come down, there is a need for further improvement in their functioning," he said.
 
Emphasising that his ministry would be working with the external affairs ministry, he said he would make efforts to ensure change in labour laws in the countries where Indians are working.
........
New Delhi: Problems being faced by Indians working abroad will receive special attention, Minister for Overseas Indian Affairs Vayalar Ravi said listing his priorities as he took charge of the ministry in New Delhi on Monday.
Ravi, whose assumption of charge as Cabinet minister is expected to lend high profile to the year-old ministry, said he would also make efforts to bring "further improvement" in the functioning of Indian missions abroad in relation to workers.
"Indians working abroad do face problems. There are persisting problems. My first priority will be to look after their interests and protect them," he told reporters.
Observing that about 25 million Indians were currently working abroad, he said the problems are particularly faced by Indian workers in Gulf countries.
The minister said addressing the issue would include sensitising the missions with regard to problems of Indian workers.
"Although the complaints [about attitude of the missions with regard to immigrant workers] have come down, there is a need for further improvement in their functioning," he said.
Emphasising that his ministry would be working with the external affairs ministry, he said he would make efforts to ensure change in labour laws in the countries where Indians are working.
more...
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namm80
10-02  12:20 AM
Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.
 
This is bad advice. Search other forums (Murthy etc) - i've seen similar threads where some smarta$$es tried stop payment and USCIS sent the unpaid application fee to collection agencies.
 
I would strongly advise you against doing this--Filing a 2nd I-485 application was a misinformed and stupid decision - consult a lawyer before you make your situation more confusing.
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.
This is bad advice. Search other forums (Murthy etc) - i've seen similar threads where some smarta$$es tried stop payment and USCIS sent the unpaid application fee to collection agencies.
I would strongly advise you against doing this--Filing a 2nd I-485 application was a misinformed and stupid decision - consult a lawyer before you make your situation more confusing.
amores perros. Amores perros
pointlesswait
10-09  01:20 PM
regular being Perm+140 + 1485...
 
can we switch to Consular processing after the 140 stage?
 
my attorney says.. as long as the company can provide a letter stating the "job" will be available after the applicant gets his GC.. its possible to switch to CP...even at the III stage of GC processing.
 
but then CP can be risky..;-|
 
Regular processing being what ? AOS ?
can we switch to Consular processing after the 140 stage?
my attorney says.. as long as the company can provide a letter stating the "job" will be available after the applicant gets his GC.. its possible to switch to CP...even at the III stage of GC processing.
but then CP can be risky..;-|
Regular processing being what ? AOS ?
more...
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amsgc
09-10  12:27 AM
It takes 15 calendar days. You should hear something from USCIS next week.
Good luck!
 
I am already in premium processing.They send my papers to USCIS last sept 1 and until now i haven't received anything from them
Good luck!
I am already in premium processing.They send my papers to USCIS last sept 1 and until now i haven't received anything from them
amores perros. amores perros. Amores Perros

zdash
10-26  02:32 PM
In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
 
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
 
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
 
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
 
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
 
If there is any hope, your help/advice/inputs will be greatly appreciated!
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
more...
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damialok
05-13  01:52 AM
USCIS will attempt to reconcile multiple 485s and combine them into one app. A lot depends on the A# assigned(should be present on the 485 receipt). If both your receipts show the same Alien number then you should be ok. If not that goes to the 'admin processing' procedure. 
 
Even if your A# is same on both 485s, you should call USCIS and check to see if both the apps have been combined. That way once one of your 485s is approved the other will be given a NOID and you can withdraw the other app.
 
NOTE: On your one of your 485 appl, you should have marked yes for the question regarding previous/other 485s.
Even if your A# is same on both 485s, you should call USCIS and check to see if both the apps have been combined. That way once one of your 485s is approved the other will be given a NOID and you can withdraw the other app.
NOTE: On your one of your 485 appl, you should have marked yes for the question regarding previous/other 485s.
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alterego
06-19  12:33 PM
Yes but it is given at the service center where the case is pending. This was a change instituted last year Sept. or thereabouts.
more...
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Ann Ruben
01-20  09:11 AM
Abhay,
 
Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?
 
Ann
Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?
Ann
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rajuram
01-25  06:48 PM
//\\
more...
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bnaredla1382
06-17  11:01 AM
My PD is nov 2003 and now I am planing to port my EB3 to EB2.
I need to know the process to do it.
My previous EB3 is with my old employer.
My I-140 approved from my old Employer and applied I-485 in july 2007 and
later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
now I working 6th year on H1B.
And Here are the questions, if I file new labor have:
1). how long will it take to approve?
and once labor approved, for I-140
1). Am I eligible for premium process of I-140.
I need to know the process to do it.
My previous EB3 is with my old employer.
My I-140 approved from my old Employer and applied I-485 in july 2007 and
later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
now I working 6th year on H1B.
And Here are the questions, if I file new labor have:
1). how long will it take to approve?
and once labor approved, for I-140
1). Am I eligible for premium process of I-140.
amores perros. Amores Perros film poster
ArkBird
11-01  03:41 AM
They HAVE TO pay the salary mentioned in your LCA. If not, you can drag them to DOL but you will risk your job and H1B status. I suggest, find another employer, transfer your H! and then kick their a$$. We have suffered enough at the hand of blood sucking desi "consultants".
more...
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mk6
07-17  06:58 PM
my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers
amores perros. Amores Perros
kk_kk
07-30  10:33 AM
do you have someone to receive your mails at address 'X' ? post office does not forward letters from USCIS. they will be sent back for corrections .
more...
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aranya
03-09  03:07 PM
Hi,
 
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
 
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
 
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
 
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
 
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
 
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
 
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
 
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
 
Will appreciate any feedback on my 3 questions/concerns above - than ks.
 
 
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
 
1] Most jobs are at-will meaning there is no real way to "protect your job".
 
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
 
3] They must have talked to their immigration attorney who set them straight about LOA etc.
 
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
 
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
 
Good luck.
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
Will appreciate any feedback on my 3 questions/concerns above - than ks.
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
1] Most jobs are at-will meaning there is no real way to "protect your job".
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
3] They must have talked to their immigration attorney who set them straight about LOA etc.
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
Good luck.
amores perros. amores perros images. amores

karthik_may
07-18  04:06 PM
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
 
The online case tracking system has the status of case received and pending
 
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
 
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
 
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
 
I did a FP appt in Jan 2006 though.
 
I have been asked to refile I-485 now.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
amores perros. amores perros 2000.
permfiling
08-13  05:47 PM
permfiling,
 
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
 
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
 
I believe this is the tack Company B lawyer is suggesting.
 
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
 
 
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
 
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
 
I think you can go ahead and file the 485 but dont explicitly mention AC21.
 
I hope we all in the same boat should try out and see ..
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
shirish
08-16  12:53 PM
I think its ok. I am in the same boat. But the applicaiton will be transfered to TSC. 
Not sure how long it will take.
 
Hi All,
 
My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?
 
When i asked for the reason they are saying they did intentionally. Please clarify.
Not sure how long it will take.
Hi All,
My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?
When i asked for the reason they are saying they did intentionally. Please clarify.
immigrant2007
08-05  01:37 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
 
--Is it a DREAM?
--Is it a DREAM?