Wednesday, June 15, 2011

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  • sury
    11-15 05:49 PM
    -------------------
    Current Status: Document mailed to applicant.

    we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
    ------------------

    We recently filed AR-11 for which we also recieved receipts from USCIS to my new Address. What would this mean. Is it that they are trying to send a new copy of I-485 receipts again...




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  • amsgc
    04-02 08:27 PM
    Hi Bhayzone,

    Allow me to help you a bit here...

    First of all, there is no such thing as a H-1B transfer. When you change jobs, the new employer files a "new petition" with the USCIS requesting that:

    1) The new application should not be counted against the yearly H-1B cap.
    2) Your current H-1B status be "extended" in the US
    3) Your wife's H4 status be "extended" in the US

    Only your wife's H4 status is dependent on your H-1B status. If your wife changes her status to F1, then your H-1B status has no bearing at all on her F1. You could even go back to your home country and stay there while your wife completes her education on F1 :)

    I think the answer to your first two questions is in the above discussion. As for the third, I would personally wait to have the H-1B and H4 extensions approved, before applying for change from H4 to F1.

    All this is doable because you can:
    1) Use premium processing (2 weeks) for your new H1 and wife's extended H4 (at the same time). Note that you are legally allowed to pay the premium processing fee of $1000.
    2) School doesn't start until the begining of July, which gives your wife enough time to change her status from H4 to F1.

    Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!

    Good luck!

    Ams

    Hi,

    My wife is on an H4 and we're planning to change her status to F1.
    Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
    I will very soon be transferring my H1 to a new company.

    I am worried about the implications this might have on the H4 to F1 transfer.

    1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.

    2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).

    3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.

    All advice/suggestion would be really appreciated.




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  • saileshdude
    06-25 11:00 AM
    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.


    Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.

    Please elaborate if you can on this.




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  • prince_waiting
    08-26 03:10 PM
    Instead of doing the same old boycott and display a propensity of being destructive, I suggest we should work an extra day and get a letter from our respective employers applauding our contributions. This will not only show our constructive value to the society but also help to alienate ourselves from the illegal alien. The employer letters then can be bunched together and sent to all the major news bureaus and influential senators/congressmen to advocate our cause.



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  • veni001
    02-03 11:05 AM
    That is correct. Mixing and matching with certifications doesn't work. Although I don't know about CPA, if it goes towards professional degree.

    That's correct, also if the job requirement is Bachelor + 5 year experience is entirely different from Bachelor or equivalent +5 year experience. Also if you are considering porting with the same employer please read by clicking here (http:///2011/01/eb3-to-eb2-porting-with-same-current.html), this is not to scare you but to shed some light on the process.
    Good luck!
    ;)




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  • Madhuri
    02-24 05:17 PM
    You first need to apply for SSN based on your pending I-485 application.



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  • shreekarthik
    06-13 03:57 PM
    I got my LC two days ago apply 245i 05-26-01.On my LC it says B2 does this mean EB2 and whats my current status can I apply for 485i please advise me thakyou all.

    If u applied under 245(I) I would highly doubt it would be EB2. I don't think the B2 implies any of the employment based category. Read your LC application and it will talk about sections like "Sec.203(b)(2)" etc. That should tell u which category you belong to.

    BTW which country are u from ?




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  • gcformeornot
    01-12 09:56 AM
    ^^^^



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  • eastindia
    09-23 10:58 AM
    It’s not India or China who asked for globalization. It was America who wants to sell their products throughout the world.

    No matter how many bills these Senators may make they are not going to stop outsourcing.

    America didn’t develop because of protectionist policies, it grow because it was a free market.

    In today's world it is simply not possible to stop outsourcing. It is also not possible to stop all illegal immigration or send all legal/illegal immigrats out. Anti-immigrants are very few in number and they try to project as if the entire America wants what they want. They will still go and buy a Toyota and buy stuff Made in China from the store :) Ask them if they want double for their grocery every week if we deport all undocumented and their answer will definitely be a NO.




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  • intheyan
    03-31 11:27 PM
    yes u can



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  • jungalee43
    06-29 05:51 PM
    Hey guys. Please help me. for the first time I am posting a question.
    All my details are in this thread.
    "http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/11341-did-anyone-actually-use-ac21-11.html#post420955"

    Now after AC21 - Two RFEs on that - gap in EAD I have received a notice for initial interview. It basically says: -
    Who should come with you?
    if the petition is based on your marriage, your petitioner spouse.
    if the petition is based on parental relationship, your sponsoring parents or child.

    What should you bring with you.

    All EADs, Travel documents, all I-94s etc.
    Originals and copies of All the supporting documentation submitted with the application.
    Birth certificates.
    Letter from current employer and last IT returns.

    We have not received any notice for my wife. There is no LUD on any case for last one month. And the case is at national benefits Center, interview in Atlanta. I am just confused. What does this mean? What is meant by all supporting documentation submitted with the application?
    I am completely confused, worried and getting tense. Can anyone throw some light on this please????????????????
    __________________________________________________ ________________
    Donation to IV $1000+ so far.




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  • rayen
    02-05 02:39 PM
    Our cases are assigned to IO more that 60 days ago. No LUD's sofar.

    Called VSC, One officer told me that they have thousands of cases pending. :confused:

    Any one got GC recently and pending with IO more that 60 days ?

    Appricaite comments and advice.

    Chris,

    How did you reach to the IO (Officer ) to know your status , is there any number/ options..

    Please advice.

    Thanks.



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  • simple1
    10-06 03:17 PM
    Troll alert. Avoid responding to these posts.

    I was recently audited by Someone from Dept of Homeland Security regarding my H1-B visa status.He asked several questions regarding my position,job duties,pay,work hrs
    How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
    I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.

    I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.

    Does any one else had same experience?




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  • insbaby
    09-26 01:29 AM
    You made my day. Thanks so much. :):):):):):):)

    I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?

    There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).

    Most of the points are true, but using the OLD PD is still a question.

    People worried so much about PD, becuase of using "All Confusion 21 (AC21)". It is an "add on" item to the pending 485 cases, so it depends on the IO reviewing your case. Right now there are couple of threads in IV discussing that AC21 based denial cases.

    Keep moving employer to employer and reapplying GC, may cost you a lot and you have to keep maintaining your H1B, becuase as soon as your 485 denied, your EAD becomds invalid and how will you switch your current job. Some one says MTR cost more than $600.

    Then eventually this becomes your life long challenge of working on immigration matters every day.



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  • Iamthejuggler
    03-03 10:16 AM
    It says traditional and scanned, or vector, so i assume PS is fine as long it's vector art.




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  • anindya1234
    07-17 10:34 PM
    You are OK. This is taken from the 485 instructions.
    File all employment-based AOS applications at the following address:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.

    Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?



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  • vik352
    12-08 03:19 PM
    Thanks ashkam. I am still on H1, this is exactly what I needed to hear. I will confirm this with my attorney too. Thanks again!

    According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.




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  • Madhuri
    02-24 05:17 PM
    You first need to apply for SSN based on your pending I-485 application.




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  • Higcoptimist
    05-15 09:05 PM
    Hi,

    Well, Bush has delivered his address on the immigration subject. Unless I am missing something, not a word was said about the Legal Immigration or the H1Bs. All the focus was on the illegal immigrants and the border enforcement.

    Does that mean that the Legal ones like us are in the backburner? Would the Senate and the house focus only on the illegals and give them the path to citizenship, leaving those who played by the rules, in the lurch? What kind of justice is this in the "Land of Justice"?

    I hope the senators and the representatives are sensible and leave the provisions for the EBs in the proposed bill, alone.

    Hoping for the best.

    Higcoptimist




    WeShallOvercome
    11-06 04:11 PM
    I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



    Thanks,
    Sury

    -------------------------------
    PD : Feb'07
    I-140 - Pending
    I-131 - Approved
    I-485 - Pending
    Center: TEXAS SERVICE CENTER

    Recieved EAD Card and FP done.
    -------------------------------



    Poor guy/gal just asked a simple question.....

    Sury, The PDs need to be current for I-485 filing AS WELL AS approval.




    grupak
    12-07 11:38 AM
    If company is filing, EB1-OR is easier than EB1-EA. EB1-EA can be self-filed but harder to get. There is another category of EB1 I think for managers which I am not familiar with.



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