Friday, June 10, 2011

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  • MYGCBY2010
    07-27 03:03 PM
    The job order will contain the job description. This will be in the Labor Application. Usually when a 140 is being applied, the employer will provide you the job order and tell you to ensure your experience letters are in line with the Job order.

    You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.

    The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.

    But to Invoke AC21 and for subsequent adjudication of 485 without issues, nature of the Job should be same or similiar. What are the options by which I could find my Job nature.. Since I don't have a labour copy or i-140 info.. Any inputs ?





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  • karanp25
    07-30 01:47 PM
    If u r a dependent, then ur EAD case is much simpler than the primary's case, logocally speaking...

    Don't try to make too much logic out of USCIS. It's all random and they work as they please.

    I got a similar situation but the thing is that both myself and my spouse got our EAD's but my application on the website shows pending while it is approved for my spouse. Don't know why my application is still showing pending. Could it be because I am the dependent on the application and not primary ?





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  • hope123
    12-21 06:29 PM
    I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?

    1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
    2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
    3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
    4. Does my new company has to give same exact responsibilities as my labor certificate?

    I would appreciate if any one replies to these posts. Thanks in advance.





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  • cooldude
    08-03 10:32 PM
    What about I-131. That is 7/1/2007. Its confusing



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  • willigetgc?
    04-28 01:32 PM
    I like your profile image ........ explains every back logged immigrant's situation!

    read this:

    Congressional Dems Say No Immigration Bill Anytime Soon - The Gaggle Blog - Newsweek.com (http://blog.newsweek.com/blogs/thegaggle/archive/2010/04/26/congressional-dems-say-no-immigration-bill-anytime-soon.aspx?hpid=topnews)

    So what this means is twofold: that immigration is both the most tantalizing and the most dangerous demographic political issue on the American horizon. There now are 45 million Hispanics in America, 10 million to 11 million of whom have no legal permission to be here. The Hispanic vote is rising in importance, but there is still 9 percent unemployment (12 percent among Latinos) and citizen-workers feel under siege

    Both Reps and Dems want their votes, but don't have the guts to do it!





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  • mmanurker
    08-11 11:57 AM
    Done..

    EB3-I, PD: Dec2003



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  • kart2007
    10-20 10:10 PM
    I faxed expedite processing request on last Tuesday and sent email to Ombudsman.

    there was soft LUD on same day (address change) on my 485 & EAD & AP. Today status changed to card ordered for production. what a relief!!!!!!!!!
    but any thing can happen till it comes to my hand


    Here is the fax number for NSC 4022196344


    I have infopass appointment on 24th. Should I go or cancel that appointment now ???

    Congrats man!! Can you please let me know what exactly you wrote to Ombudsman and what were the contents of your fax to the service center.





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  • voicerj
    04-04 10:34 AM
    Lets post here if you are Post July 2007 applicant and have received email /mail from NVC ( National Visa Center ) to pay visa fees. Share your PD and other details you received from NVC.

    People who have selected CP option in their I 140 application will get notice for fees from NVC.

    Note : NVC sends out fee invoice in advance if they think date will be current for given applicant in near future. ( Approx 4-6 months ). I have read on internet that people with PD up to Nov 2007 are getting fees invoice. I want to track if any IV members beyond July 2007 got such invoice. This will be true indicator where date will land in last quarter.

    I have a question - If a person has not even filed for 485 as is the case because dates never moved beyond July 2007 then how come NVC sends out fee invoice?



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  • milind70
    07-24 08:39 PM
    Somebody told me that I can get a letter from Indian consulate certifying by Date of Birth using my passport and I can use that in place of the Birth certificate for 485 ?? IS this true, if yes, will this be accepted by USCIS ??

    In the first case if I proceed as of now and when I get an RFE, what should I do ???


    Thanks
    In most of the case Birth Certificates issued by Consulates are not accepted USCIS.Submit you Birth certificate along with two affidavits you should be fine.





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  • gaurav_sh2
    07-18 10:20 AM
    what is your country of birth? I know dates never went current to sep'08 for india...



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  • drona
    09-10 02:19 PM
    We've had 19 members join WA State Chapter in the past two days, let's keep it going. Please get active in your state chapter and help IV succeed.





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  • MrWaitingGC
    05-22 04:20 PM
    If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.

    How will this change if the new legislation/amendment that are discussed passes.

    Any ideas guys.



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  • Hey Ram GC
    04-08 10:07 AM
    PD before 31st 01 that too EB3





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  • abhay
    10-30 09:14 AM
    Thanks Guys, I called Delhi customer support. They said not to over-write but just to go to the counter and explain the mistake to the consulate officer. Apparently even they cannot edit those fields.



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  • jchan
    05-14 05:26 PM
    Didn't the last recapture of visas (AC21) happen in 2000, an election year ? Also H1B law was modified to include 20000 visas for US Masters students during 2004. Actually, history is in our favor.

    I was about the say the same thing. I still remember vividly when the 20k new H1B was made available and the nervous waiting for that to be implemented back then. Whew, can't believe it's been 4 years an I am still stuck in this same old waiting game.





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  • lost_in_gc_land
    01-24 01:46 PM
    Hi
    Am in the same situation, 221(g) yellow form Mumbai since mid-November. Still in India awaiting further indication from the consulate. Have had lawyers call DOS, have called the consulate a few times but the response is standard - awaiting feedback from Washington, no way to expedite.
    Sucks...sorry you have to go through this too. Feel free to pm me if you like



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  • sdrblr
    07-21 04:23 PM
    We came back on H1/ H4 even though I had valid AP last December. We are travelling again next week and will be back in 2 weeks. Not sure whether it matters what the POE is, mine is Chicago O'Hare.


    When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
    the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
    I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.

    If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.

    One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.

    J thomas





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  • nousername
    04-29 08:46 PM
    There is no limit as to how many companies can apply for your H1 transfer. 2 or 10 is the same.. The idea is to get a reply ASAP. I would suggest to apply under premium process

    To best of my knowledge you are out-of-status but wait.. Don't worry. I personally have been out-of-status like this three (3) times, so it is not that bad. At one time it took me almost 4 months to look for another job and I still got portability (i.e. H1 transfer with new I-94). Other time I got a job in 2 months and still had to take a trip back home for new stamp.

    I know it is easier said then done but trust me, take it easy on your self as this will help your family also. You have already applied for a transfer, just switch to premium process and you should be ok.. What USCIS cares about is recent paystub, which can be 1 month or two old..

    God bless..





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  • gc_chahiye
    02-17 09:43 PM
    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.

    you can get back to H1 status, it might involve:
    - filing a H1 petition (you wont be counted agianst hte quota)
    - leaving US and coming back in, to "Activate" the h1.





    alien2006
    08-23 07:43 AM
    The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)





    eb3_nepa
    08-10 05:10 PM
    May be he or she has a spouse whose birth country is non retrogressed .. :)


    Even THEN it is not possible. Coz the June 2007 bulletin says that even ROW has to be atlest June 2005. His PD was Dec 2005 so there is NO way he could have applied.



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