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  • satishku_2000
    08-24 04:20 PM
    Thanks so much for the info, satishku_2000. That is very good info.

    My RFE, which was issued on July 20, 2007, was for my employer's ITR . My lawyer said the deadline is 12 weeks from the RFE date. I think she has not been updated on the new ruling. Now we only have up to next Friday to submit everything. I'm so so worried!!!

    If you have access to the RFE from USCIS , try to get a copy of it . It should say how much time you have to respond. They will mention "On or before a date". I dont know if all the services centers have implemented the flex time response for RFE/NOIDs. Be on top of things , just dont let your lawyer or employer say anything else.





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  • fide_champ
    09-16 04:06 PM
    USCIS will have no way of knowing whether someone is collecting Unemployment benefits. At the time of I-485 approval, they may need your EVL to prove your employment if you have used AC21. As long as you can provide that letter, you should be safe whether you collect Unemployment benefit or not.





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  • chinna2003
    07-03 09:13 AM
    Sorry if you find it offensive, but I dont think its going to prove anything to the USCIS and I am not even sure they will notice it.
    Why is no one talking about a public demonstartion in New York or something along those lines that is bound to get TV reporters attention and having a spokesperson who can speak on our behalf in front of a national audience and talk about the discrimintaion that US shows against legal workers
    If Illegal Immigrants have the courage to pursue their agenda on the streets what is stopping us from doing it.
    What are we afraid of? its not the lack of issues, its the lack of resolve
    Lets see if thread swells to dewcent levels we can organize a protest against USCIS infront of NBC studios


    Please read, sign and observe

    http://www.petitiononline.com/aos485/petition.html

    To: U,S. Congress American Government

    USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.

    The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.

    As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.

    Sincerely,





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  • krithi
    03-11 02:48 PM
    u need nothing, AP and Passport are enough



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  • dan19
    10-08 11:14 AM
    Hi..

    Sorry to hear about that. My opinion is that you are safe as long as your company doesn't withdraw/request to revoke you I-140.

    >>>>>My questions are the following:

    1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?

    >> No. Because I-485 is filed for a future employment.

    2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).

    >> You don't have to sent any letters. Only thing you need to make sure is that you current company doesn't revoke your I-140 before Jan 15. If USCIS asks you for an updated employment letter before Jan 15, you will be in trouble (normally they wont do). If they ask after Jan 15, you can provide it from the new company.

    3. Do I have any other options here (I dont have EAD yet, just applied last week)

    Once you get EAD and Jan 15 comes, inform your new company that you are using EAD for AC21 purpose. From that time, they need to support your I-485.

    Again, again, again...I am not an attorney. So consult an attorney before making any decisions.





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  • perm2gc
    05-31 12:18 PM
    Recently joined.

    Contributed $200.
    Thank You.People who are just browsing the forum..please come forward..it is not only our issue but it is EVERYONE'S issue..if we don't act now..we will have no time to act in future.



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  • GCWarrior
    04-16 02:25 PM
    Hi Gurus,

    I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
    No RFE/NOID received.

    Here is my case.

    PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.

    I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.

    After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.

    Please let me know what options I have.


    Thanks
    GCWarrior





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  • vinodp1978
    06-29 09:30 PM
    Guys,
    I am in a situation where if i dont file I-140 by PP i will not be eligible for H1b extension. My Labor date is april 27,2007 and my 6th year H1b expiration date is Feb 2,2008..so the 365 days rule wont work. The only way i can be in this country is if my 140/485 gets accepted and i get EAD or PP for 140 gets reinstated for me to extend.

    Also if PP for 140 goes away what is the typical time to process from NSC?

    can anyone tell me if i am reading the laws right?? any other options?

    Thanks.



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  • monikainusa
    03-20 11:07 AM
    don't know where I should put my request. My husband is on H1B visa ...and I was on H4 .I went India but my H4 was rejected. I don't know what to do...is USCIS also going to reject my husband H1B .. please help





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  • johnggberg
    07-17 02:30 PM
    but it dose not add any value, as the message does not give any more information then, what we already know



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  • inskrish
    01-23 10:16 AM
    USCIS posted new processing times today,and dates are as of 11/30/2008.

    Texas I-485: 11th July 2007
    Nebraska I-485: 14th July 2007

    Finally, they get past July 2nd 2007:-)

    Regards





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  • manja
    06-29 02:34 PM
    My employer does not pay for dependent health insurance and I want to buy insurance for my wife. Does anyone know of any plan that covers pregnancy? So far I could not find one. I'm living in Texas.

    Thanks.



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  • breddy2000
    06-25 10:06 AM
    Bumping up.


    Atleast , you are sure that you can leave your employer after 2 yrs.

    But if you do not file now and the date retrogesses again,. you may not be able to file any time sooner...with this CIR and stuff like that, which are not favourable to us. I would say just go ahead and do it.

    See if there is any breakage clause. if they have, then if you like quit them and pay the Penalty or what ever.

    I say all these are made up by the Employers to scare the employees.

    As of now, just accept in what ever they say....and later on see if it is legal/illegal etc...





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  • Sachin_Stock
    07-31 02:50 PM
    Sorry but you guys seem to forget the fact that there were very few 2001, 2002 filers.

    I dont know about 2003.



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  • willwin
    07-09 10:07 AM
    It is untrue that IV does not care for CP filers.
    One should not blame IV for not taking up a cause. IV is everyone. Core team is simply assisting the community in the general management of the organization. It is the community that powers all efforts.

    We have had mostly AOS members till now and thus the focus has been on AOS. If you wanted CP in the tracker, let us know and we will add it.It is a minor issue. We haven't had anyone telling us till now or even telling us the bugs in the tracker so that we can improve it.

    If you feel strongly that this is a genuine problem for CP filers, and everyone stuck in it can present compelling case for it, please feel free to lead the effort. IV will help you with guidance. Recently several members stuck in Perm audit delays approached IV and they took the initiative to start a campaign. I think this is how IV should evolve for future so that people can help themselves using this platform. IV is willing to help anyone stuck in the EB immigration system. Could you find more people like yourself stuck in CP filing in one place on this forum and discuss amongst yourself various ideas and strategies to find a solution to the problem. IV core will be available for guidance and advice.

    Pappu,

    Thanks for the response! I really appreciate that.

    I said IV doesn't care for CP filers because there are no provision for CP filers in IV's agenda (ofcourse, efforts like recapturing would help CP filers in a big way) as most of the efforts were targeted at AOS. I am not blaming but just requesting that CP filers are also included whenever IV core think about big picture.

    All that we need is a safety net like EAD. Else, if several years of wait on GC were to go waste, it would be a disaster.

    From what you said, looks like there are very few CP filers who visit this forum (and ofcourse, there is a reason why, hardly anything for them here), however, I would try to see if I could gain some mass here.

    Thanks again!





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  • Lisap
    08-03 12:16 PM
    Well atleast we arent alone I guess



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  • vicks_don
    07-31 03:21 PM
    As far as i know. Once you work on EAD your visa status is lost and u need to get Advance Parole for re entry. But how would this be notified to INS is something i am not sure. But its safer to get AP if EAD has been used for work.
    I heard some cases where if for some reason EAD cannot be renewed you can come back to h4 status.





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  • chintu25
    10-31 01:59 PM
    Good job guys ...I am back was busy with some office mess that is now cleared . I am all in and active as ever .





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  • InTheMoment
    07-17 08:45 PM
    What ?? Why do you even have any such doubts :confused:! Once you have US GC all rules about maintaining it apply. Nothing changes if you visit Canada and return to US if you are well within those rules!!





    iq5203
    01-20 07:10 PM
    In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.

    Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.

    Read fine prints very carefully.

    According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.





    perm2gc
    01-06 04:46 PM
    My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).

    Please let me know if there is any merit in the above statement?
    Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.



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