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Thursday, June 9, 2011

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  • inspectorfox
    09-29 09:50 PM
    Responding to RFE for Ability to Pay is a very complex process. Some of you folks make it sound very simple but there is much more to it then just submitting an Audited Tax Return or W2. I have not come across any single person who seems to have the expert knowledge on handling this other than United Nations. There was an RFE on my pending I140 and I don't even trust the response prepared by my immigration attorney at Murthy Law Firm. My case is pending at USCIS TSC for a year now. I am not defaming anyone here but United Nations is the only person who has the greatest knowledge on addressing this matter.





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  • Legal_In_A_Limbo
    01-14 04:57 PM
    Hi All,

    I have a question and this is regarding my husband.
    We have filed our 485 and have got our EADs and AP's. Our 180 days will be over by jan end.

    My husband works for Company (A) as a consultant. He is placed at a Client (C) and there is another consulting company (B) in between. Client (C) is a direct client of Company (B). The relationship is like A -> B -> C.

    My husband wants to join the Company (B), and keeps on working for the same client (C).

    Has anyone done something similar to this and can anyone share any legal issue with this. I will really appreciate if someone can guide us more.

    Thanks





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  • dollar500
    04-10 11:39 AM
    AFAIK it's not published yet. Also it's two years extension which is under review not three years.

    Good luck





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  • gcgcgcgc
    10-26 05:44 PM
    I was surprised to see my AP in hand
    It seems it was approved on Oct 9 and my attorney received it on 22 oct
    I received it today to be very surprised as the online message still says case received and pending
    What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved

    Good luck to all

    Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.



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  • krucie
    03-16 01:20 PM
    Hello Everyone,

    I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.

    Please advise.
    Thank you.





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  • go_guy123
    04-17 08:23 PM
    True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).

    2 consecutive victories may make Demoractic party more confident and may be more willing to pass some GC reform. As of now with so much in
    stake and getting power after more than 10 years they are more cautious.

    Example: Nancy wants to take up the Bush immigration agenda only if he manages 70 GOP votes as they dont want to be branded as amnesty party
    in 2008. As of now things are going in their war because of the mess in iraq
    resulting is massive independent voters more inclined towards DNC.

    DNC had good chance to take over WH, Senate , Congress. If the DNC primaries elect a decent guy like John Edwards ( H Clinton and Obama
    wont make it at national level )



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  • GC_ki_daud
    03-13 03:17 PM
    Hello Members and GURUS,

    One of my coworkers I140 was rejected today. His application was made in year 2006 . The reason for his rejection was that too many GC petions filed by the company. And the USCIS asked the Company to show the ability to pay him and all other "78' applications that were made by my employer. Out of the 78 many have their 140 cleared since last year or more than that.

    My fear/question is weather the explanation asked by USCIS to show comapany's compentency to pay all 78 petitioners could jeopardize all of them ??





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  • abdulazeez77
    08-14 07:13 PM
    Should I send my orginal I-797 with her or just the copy?



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  • spgtopper
    02-03 09:41 PM
    helpful_leo,

    I really appreciate your urge and energy for this. We need more and more people like you as volunteers.

    I read section 313. I agree with logic life. You should have the ability to transfer to F4.

    It is not fair to assume that the legislation is not favourable for "current" students. Does it clearly say that? No. So, don't assume either way.

    If you want to be very sure, you can call your senator's and congressman's office (of those who endoresed/creeated the bill), and talk to a person handling immigration matters or specifically this bill. Confirm your belief/assumptions and then write letters etc.

    Meanwhile, see if this helps:

    313: "Creates a new "F-4" student visa for doctoral candidates studying in the fields of..."

    The word new refers to the visa and NOT the student. And, "studying" in implies current students. :-)

    So, what is the problem?

    S.





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  • chanduv23
    03-31 02:52 PM
    Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.

    In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).

    So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.

    Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.

    Godspeed to all of us.

    Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.



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  • RadioactveChimp
    04-16 01:42 AM
    ok seriously guys...this is kinda pissing me off in a funny way

    I mean COME ON! Xbox stamps? Gradient stamps? American flag stamps?

    does originality exist anymore? I mean they don't have to amazing pieces of artwork, but at least put some though into it


    sorry for ranting on your thread sparky :ne:

    -Dean





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  • Maverick_2008
    04-16 09:14 AM
    Friends, my EAD/AP will expire later this year along with my 8th year H-1B extension. My 140 isn't approved yet. Now, what happens if my employer wants to cut costs and says let's extend only your H-1B for now and let your EAD/AP expire? If I'm not wrong, filing for H-1B/H4 extension is cheaper than that for EAD/AP.

    Specifically, these are my questions:

    1. Can I extend EAD/AP on my own?
    2. If I let my EAD/AP expire and continue working on H-1B, can I reinstate them (EAD and AP) at a later date in the future once my 140 is approved? In this scenario, there will be a gap between two successive EAD/APs.

    Thanks.

    Maverick_2008

    ______________________

    EB3, India
    PD: Feb 03
    140/485 RD: July 26, 07, TSC
    140/485 ND: Sept 17, 07, TSC
    140/485 Status: Waiting..



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  • akhilmahajan
    02-04 01:43 PM
    When i said i used AC-21, i meant i changed my employer after 180 days and had used EAD. Yes i have sent USCIS my paperwork, when i switched employers.

    I dont think filling AC-21 paperwork matters in case of the VISA. I never sent my Dad any documents or proof showing that i had sent USCIS the papers for AC-21. Also, i have used AP at that time.

    GO IV GO. TOGETHER WE CAN.





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  • ita
    12-08 03:32 PM
    When you are with the same company that files your GC (not Ac21) is it fine if the amount on W2 (for each year) is less than the amount mentioned on the LC. Is there a safe zone bracket . Since GC is for future job I was wondering if it is a must that the W2 should reflect the amount that is more or at least same as the amount on the LC.

    Thank you.



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  • shaikhshehzadali
    07-11 02:03 PM
    May be it was the Attorney General Alberto, not Emilio Gonzales. He is coming after you for bribing a federal official.

    Just Kidding :) But interesting though.:cool:

    If u see the tracking...the package has been redirected..I am sure..it's not the Gonzales who u think he/she is.





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  • Ann Ruben
    06-30 11:44 PM
    In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.



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  • kondur_007
    10-20 09:53 AM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    There are two issues you must consider (at minimum):

    1. You must have a permanent job offer from the sponsoring (or AC21 employer if you are already ported) through out the period of pending 485. You should be able to verify this at any point as soon as asked for by USCIS. So make sure, your employer still supports your GC process and is ready to provide such letter and is willing to hire you after GC approval. If not, you must find another same or similar (AC21) job position and make sure that they will provide such letter. This arrangement needs to be made with certainty before you leave.

    2. Must have a valid AP (for you and all family members) and must return back before the expiry of AP. Now, in general, as long as you have valid AP, they do not give you hard time at the POE (under most circumstances). There are few exceptions (especially in texas; or so I have heard) where POE officer gave hard time, but that is not the rule.

    Good Luck.





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  • Munna Bhai
    02-11 07:41 PM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

    This is very grey area but technically you are out-of-status if I-140 is revoked but USCIS is taking too long for revoking the cases.Hence see to it that your new company goes with GC processing soon and get your I-140 approved.

    Here is your situation, H1b is only for 6 years so if you are getting an extension after 6 years then there should be some proof(labor pending or I-140 approved) so if this proof goes off due to I-140 being revoked, USCIS has every reason to say that you are out-of-status but because of your H1 extension you have an I-94 which says that you are in-status. So one can fight on the basis of I-94.

    Hope this helps.





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  • gcisadawg
    03-22 01:48 AM
    My sympathies and condolences to the family. I hope that the strength of their belief gives them courage and comfort during these tragic times.





    gconmymind
    09-23 04:47 PM
    :D:D Great sense of humor....or are serious?


    I think he is serious. 485 receipt numbers may not be in sequence. Eg. TSC may assign one receipt number to 485 and the next one to 765.

    This is my understanding





    LOL123
    07-30 11:25 AM
    I am currently working on EAD. My current EAD expires on September 9th 2008. I have e - filed for the renewal EAD on June 13th. The way Texas center is processing it may take a while befoire i get the renewal EAD. My question is - Can I continue working on EAD with the receipt notice of renewal EAD?



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