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  • kanyewest
    04-21 06:54 PM
    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.




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  • nviren
    03-07 07:42 PM
    Pl. find here some more stuff about DOL/BEC and PERM.

    http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html

    Looks like BEC is on the radar of govt, but not on the priority.

    Note the last line on the page. It says last updated in Jan 2006.

    Funny that the DOL gets 42% marks for Program Results/Accountability and 100% marks on program management and 80% on Program Purpose & Design.

    Find here some funding figures as well.




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  • chanduv23
    10-09 10:28 AM
    ^^^^^^^^^^^^




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  • Desertfox
    11-14 01:51 PM
    Following are the answers to your questions. :)

    I have a question for you too: How are you contributing to Immigrationvoice?

    Dear All ,
    I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
    1.Am I still on H1 status or the status now becomes EAD ?
    You are on H1 unless you request your employer to update your I-9 with EAD.
    2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
    Your H1 is not good after it expires. You have to get extension to be in H1 status. Stamping from India would be required if you travel to India with expired stamp on your passport and you choose not to use your AP to return to US.
    3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
    There is no time limit.
    4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
    You can renew your passport in US and following are the links for Indian Consulates in USA.
    Embassy of India, Washington DC http://www.indianembassy.org/newsite/default.asp
    Consulate General of India, Chicago, USA http://chicago.indianconsulate.com/
    Consulate General of India, Houston, USA http://www.cgihouston.org/
    Consulate General of India, New York, USA http://www.indiacgny.org/
    Consulate General of India, San Fransisco, USA http://www.cgisf.org/


    Thank you very much in advance.

    Anci.



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  • aguy
    01-05 10:52 AM
    Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?




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  • gulute
    10-19 01:59 AM
    http://immigrationvoice.org/forum/showthread.php?t=13923

    I am one of the July 2 filers. I need to go to India on 1st November. I was hoping that AP will come by that time. But there has been no progress on that. Just spoke to my Attorney. She said that USCIS does not have any facility to issue AP for an emergency.
    Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
    On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
    No theoretical guesses please.
    Thanks



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  • eilsoe
    10-08 10:13 AM
    hmm... I'm inspired...




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  • sri1309
    04-11 10:43 PM
    Gator,

    I would be positive that since RFE wasnt answered on time, USCIS knows that it denied it very probably only on the fact that RFE wasnt answered. Now if you MTR using a decent attorney, then there is a good chance that you will get approved. Make sure you have all documentation in place. Refer to "I-140 denied, urgent help, please" forum also in immigration.com's site.
    485 can be reinstated if I140 is approved again. There are cases to get MTR cleared in less than a month.
    I can imagine how it feels, but I am sure you have a chance. Go to a big law firm and a good attorney.
    Sri.



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  • nj.gc
    06-24 10:04 AM
    Even I have got same message yester day. But now it shows the package was delivered when i checked today morning.

    I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.


    I-765

    USCIS
    Texas Service Center
    P.O. Box 851041
    Mesquite, TX 75185-1041

    I-131

    USCIS Texas Service Center
    P.O. Box 851182
    Mesquite, TX 75185-1182

    Thanks




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  • fcres
    06-27 12:25 PM
    My I140 was approved in Dec 2005 by TSC. The online case status still says it pending. And i just filed my 485 using that 140.



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  • sin94
    03-08 08:50 PM
    Sorry folks did not get to update this discussion as things have dramatically changed in past couple of months

    On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.

    No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.

    Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear

    I just hope others do not go through the same harrowing story as mine.

    That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient




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  • bluekayal
    10-20 03:31 PM
    I could have written this! I too am flummoxed by seeing this on my e-filed AP application. I think its pre-decision activity but I could be wrong. Anyone?



    Last week I e-filed my AP (I-131) renewal and sent documents to TSC. Soft LUD today, it is in "Testing and Interview� stage.

    Is this stage generally expected for renewal of AP? I am not sure why the online message says "request for appointment reschedule" although my application is to renew AP.
    Did any one go through this process before? pls share your experience.


    Here is the status from the website
    Testing and Interview
    We have received your request to have your appointment rescheduled. This case is being processed at our TEXAS SERVICE CENTER location. You will be notified by mail if the appointment is rescheduled, when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.



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  • eb2_immigrant
    10-22 08:17 PM
    I think this is what is happening in your cases,

    If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.

    If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).

    Always better to paper file.

    So to confirm if what you are thinking is true or not I called USCIS,

    The guy in TSC said it is a mistake and they will clarify it. I wasn't very convinced with his response, I called back after sometime, this time since there was no response to TSC it was route to other service center

    As earlier even this time the representative in this center was not able to answer as to why it says "interview reschedules” but she did transferred me to an officer.

    After several identification questions, Officer said this is not related to finger prints and she was not sure if it is related to I-485 interview either as they put reschedule interview note on my I-131 application.

    Finally she gave me a WTC-XXXXXXXX-TSC number, asked for my cell # and asked me to call back after 10 days if I don’t hear anything from the USCIS.

    I really don’t know what is happening; I don’t have much choice either other than waiting for something “GOOD “ to happen

    Any thoughts ......??????




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  • saketkapur
    03-26 11:09 AM
    My wife got it stamped twice in Delhi....there were no issues as her application does not mention any 485 filing......

    You can only file for her adjustment once her waiver requirements have been met....until then she has nothing to do with your application.

    Once her waiver requirements have been met and your PD is current she can file her I-485application as an "accompnying spouse".

    Now there has been some difference of opinion as per different answers I have received on forums from Murthy and Ron Gotcher. As per Murthy the I-485 can only be filed once the waiver is complete but as per Ron AOS can be filed once the waiver is approved. In the latter scenario she can make use of EAD and AP benefits but her final AOS will only be approved upon waiver completion. (Both the above scenarios are obviously only possible if your date is current.....:eek:)
    If any of you guys find out whichever of the above scenarios is correct then please update the thread......even though with the PDs sitting in dark ages I do not think the above situation will really matter in my case.

    Above is just my opinion. Please consult a reputed immigration attorney as every case is different.

    Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.

    I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.

    Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)



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  • martinvisalaw
    01-12 02:19 PM
    My husband and I are British, not sure if that slows things up or down :)

    Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.




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  • Salomon5561
    03-12 10:04 PM
    This is a letter summarizing my process over the years, elaborated by my immigration attorney for the US Embassy in Nassau Bahamas where I renewed 3 times my visa H1B, However I have to renew it again and spend the $4500 + trip + hotel and food.
    My question to you is that due to the crisis, my salary was reduce to almost half, and my wife is desperate in the house trying to do something on the internet because she cannot work on a H4 Visa. After you read the summary, will know how far are we in our process. Could I ask for a permit to work for her? How long would the process take to get our residence? Because according to my attorney, the immigration office is now processing the residence petitions made on Dec 2002, that means the is behind 8 years. Does that mean that I need to wait 8 more years? Please inform.

    I would like to inform you that Mr. Mizrahi his first H-1B visa on June 27, 2003. The visa was approved from June 27, 2003 until May 3, 2006. On or about September 5, 2005, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. This new H-1B visa was approved on September 30, 2005. The validity dates of the new visa were September 29, 2005 until September 5, 2008. On or about March 8, 2007, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. The new H-1B visa was approved on March 9, 2007. The validity dates of that visa were March 9, 2007 until February 9, 2009.

    According to the above information, Mr. Mizrahi�s six year limit should have ended on May 3, 2009. However, Mr. Mizrahi has made over 60 trips outside of the United States during this time span. Mr. Mizrahi spent 333 days outside of the US during the time that he has held his H-1B visa. Mr. Mizrahi was able to recapture does days and that is why his H-1B visa was extended until May 26, 2010. Further, Mr. Mizrahi has a Labor Certification and an I -140 approved through the same employer. Unfortunately, Mr. Mizrahi has not been able to apply for residency due to the fact that no immigrant visas are available for his category at this time.



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  • deba
    01-22 05:46 PM
    "Twenty years from now, you will be more disappointed by the things that you didn't do than by the ones you did do.
    So throw off the bowlines. Sail away from the safe harbor.
    Catch the trade winds in your sails. Explore. Dream. Discover."
    - Mark Twain




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  • franklin
    02-13 10:49 AM
    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."


    Interesting! Thanks for the correction




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  • anjans
    07-09 02:50 PM
    I am in a similar situation..pls update the thread on what the latest is..in my case I-140 is not 180 days old..:(




    scabal12
    06-11 09:38 PM
    I recently got laid off and the company I was working for stated that it will revoke my H1-B. However, the same company applied for GC 4 years ago and currently the I-485 approval is pending. I did not renew my EAD after it expired last year and just continued on H1-B. I only renewed my wife's EAD which will expire next year. So, can I apply for renewal of EAD now and stay legally in this country while the EAD is being processed.




    monkeyman
    10-19 09:07 AM
    Q : What if I need advance parole? NEW

    We anticipate completing the receipting of the I-131 documents by the end of October 2007. Due to the heavy volume of cases, we are encouraging customers to wait until the end of October before inquiring about their case. If special circumstances exist and advance parole is needed quickly, please make an InfoPass appointment to visit your local USCIS office or call the National Customer Service Center (NCSC) at 1-800-375-5283. When you visit the local district office, be prepared to explain the need for urgent travel, provide the U.S. Postal Service tracking number associated with the original application filed, and the date the application was received at the Service Center where you filed.



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