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  • humty
    09-14 06:10 PM
    hello,

    Processing Type: Regular Processing
    Receipt Number: WAC081-465-XXXX
    Received Date: APR,24 2008
    Notice Number: N/A
    RFE Date:
    RFE Responded Date: sep 16 2008
    Status: RFE responded and case resumed

    iam going to wait since one year.but still its going to be delay.my employer didn't say anything. I was getting frustrated everytime I looked at it, same statment: "Case resumed"
    what will i do?can i raise the service request?can i directly call to the uscis?

    please suggest me...





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  • mgkadiri
    06-02 08:47 AM
    Please share your experience, if any one come across this situation

    I think you can us AP. I did not go for stamping but based on my I-485 filing I know that my case is pending on name check and I came to US using AP so I think you can also come back using AP.





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  • sparklinks
    09-16 02:53 PM
    My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help


    We applied on June 15th (TSC) still waiting...currect EAD exp. next week :(





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  • aguada
    11-09 11:40 AM
    My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013

    My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.


    Here are the chronological events

    Date on which my H1 revocation notice was sent to USCIS: 7/28/2010

    Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010

    Date when my employer was informed by lawyer's office about revocation: 10/24/2010

    Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.

    Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.


    I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.

    References:
    MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
    MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
    MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)

    Section 245(k)

    Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.


    Will this 180 days 245(k) clause help me in anyway?

    How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.

    Thanks



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  • amitjoey
    10-03 07:07 PM
    Sorry folks, the question may have been asked before.

    Does I-140 have to be approved before using AC21? In my case, I140 has been pending for 1 year now, but got EAD recently.

    If I use AC21 to move to a new job in 6 months, can employer pull out the I-140 ?

    Any workarounds?

    Please refer to answer provided by logiclife on this thread. Thanks Logiclife
    http://immigrationvoice.org/forum/showthread.php?t=14111





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  • GCKaIntezar
    01-15 03:08 PM
    Thanks for setting this up Anurakt. I'll be calling-in.



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  • jatinr
    08-07 08:14 PM
    :confused:My company has filed my I-485 and not EAD/AP on July 20th.

    I want to file EAD/AP on my own using old forms and old fees before August 17th.

    I would like to know if I can send it NSC where I-485 was filed or as per the new instructions given for direct filing effec July 30th as per new forms.

    Can I file without recieving I-485 receipt by just using Fedex Receipt and Copy of the cheque sent. As this point the cheque is not cleared and I have not received any receipt.

    Does the filing with Fedex option is for people who have filed after July 17th?





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  • GoldenBoy
    10-12 07:19 AM
    see kax thats the problem

    you cant edit swfs using flash....

    or can you??



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  • jonty_11
    05-13 05:16 PM
    Hi,

    My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.

    Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?

    Whats the right way of handling this?





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  • hundal81
    05-23 12:23 PM
    Sir,

    I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?

    Regards



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  • sanju_dba
    11-10 03:10 PM
    waiting for some IVan with tareek clip

    it was about remembering just my Birthday date... now..

    PD Date
    VB Date
    EAD expiry date
    H1B expiry date ( ETA9035E date,reciept date,approval date )
    if you have vacation , then POE date .
    I94 date,
    ... any thing else to add ?





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  • cox
    February 12th, 2005, 11:51 AM
    Yeah, that one works well. The trees move you over to the sun - nice. :)

    Can I work? [Archive] - Immigration Voice

    View Full Version : Can I work?




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  • natrajs
    08-22 04:58 PM
    Very Good One





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  • ImmiUser
    11-30 05:17 PM
    Hi,

    I am a Doctor and working on EAD. I have a dependent EAD through my husband and PD is June 2002 EB3. As I am eligible to file under EB2, therfore just wanted to know if it is feasible to start my own GC processing under EB2 while working on EAD which was filed under EB3 category ? If its feasible to file another GC then would like to get further clarifications on below few points

    1) Would I be able to port my old priority dates (June-2002) or do I have to file altogether a new application ?

    2) Could there be any intruption to my current EAD or to my husband's EAD by filing a new GC application ?

    3) If I won't be able to port old EB3 priority dates, is it still adviseable to file new GC application under EB2 ?



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  • gcisadawg
    06-26 01:16 PM
    1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.

    2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
    (I understand the risk of having the I140 denied and being out of status. But aside of that... )
    My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.

    The lawyers that created those laws must have been on something ...

    Thanks

    Caution: You are taking Risk!

    Based on Yates memo ( you can google for this), a person with pending I-140
    and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.

    There was a link on Ron's site where he said
    1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
    AND
    2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.

    If the above two are good, the chances of RFE on I-140 is slim.
    Even if there is one, your old company should co-operate...I believe that is where the risk is....





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  • Macaca
    03-02 04:34 PM
    The bill will start from the Immigration (http://immigrationvoice.org/forum/showpost.php?p=49120&postcount=8) sub-committee of Senate's Judiciary committee.



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  • martinvisalaw
    09-09 09:57 PM
    I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.

    1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94. Is this right?

    The company either has to file a COS or she needs to leave the US and re-enter in H-1B status.

    2) How many weeks will it take under premium processing to get new I94
    15 calendar days for CIS to make a decision

    3) Do they have to apply only after Oct 1.
    No. Since she is already counted towards the cap, they can apply now but the start date will be 10/1 or later.

    4) Are there any chances of getting rejected at this stage.

    There's always a chance of a denial, but the risk is low if she is maintaining H-4 status when the COS is filed.





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  • jonty_11
    12-05 02:32 PM
    Yes, you have to have expereince as of PD. As for the Risk - its all yours to take.





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  • linuxra
    09-28 09:34 PM
    Before i present my RFE I will explaing My GC:
    I did masters and worked on OPT for sometime with Company A and they applied H1B,
    still working for Company A as H1B as Senoir Programmer ANalyst.
    At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
    PD=jan 2006
    Still working with H1B from COmpany A
    I never worked for Company B and it no longer exists...
    Company A recently merged with ANother Company X
    I recently got an RFE How do i respond PLease help me:
    Below are the details



    Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
    signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
    and information are available online from the official Service website: USCIS Home Page. You may also ordcr
    immigration forms by phone at 1-800-870-3676.


    Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
    should include, but is not limited to:

    Clear copies ofIRS Form W -2 wage and tax statcmcnts;
    Pay vouchers;

    Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);

    Any additional documentation which confirms your employment history.
    You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
    duties and position in the organization, your proffered position, if different from your current position, the date
    you began employment and the offered salary or wage. This letter must be in the original and signed by an
    executive or officer of the organization who is authorized to make or confirm an offer of permanent
    employment. The letter must also indicate whether the terms and conditions of your employment-based visa
    petition or labor certification continue to exist.
    If you have changed employers since filing your application for adjustment of status, please submit a statement
    which lists the names and locations of all employers you have had in the US and the beginning and end dates of
    each position unless these have been included on Form G-325A.
    Nebraska





    grinch
    05-19 05:45 PM
    Thats the best style on these forums





    apb
    10-01 02:39 PM
    My friend had applied for GC through B (never worked, PD-2004/EB2, 140 approved and 485 more than 6 months) and he was continuing with company A on H1B.
    Company A was laying him off. He tried to go to company B. But Company B was getting folded.
    He went out and got a better offer from company C. He had two choice. Apply H1B transfer from A to C or use AC21.
    He chose to use AC21 and started with C. Lawyer explained the situation with AC21 info to USCIS.

    Now the best part. HE GOT GC last month.



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