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  • Simran21
    10-01 01:18 PM
    Thanks for the reply.

    For me I will select "YES" to "Are you applying for same visa class that expired in the last 12 months?" but what should I select for my daughter (she 2 yrs old)?
    In VISA renewal criteria it says "First time H4 or L2 applicants under 18 years of age." do not qualify for appointment in this renewal category?
    This statement has confused me to whether to go for "YES" or "NO"?

    thanks in advance




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  • Dhundhun
    03-29 09:51 PM
    ---
    God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.


    How come sareesh will return on expired Visa (12/09/2006)?




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  • tnite
    09-12 01:26 PM
    I called the USCIS customer service and was given the receipt numbers for 485,EAD and AP.The application was put in the system on Sep 8th, Saturday. Checks havent been cashed yet.
    Check my signature for the details. USCIS seems to be working overtime.




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  • busy
    03-09 12:01 AM
    Thank you RoseBall for your response. Definitely will do. One thing I want to emphasise. I'm sure rejection happened in Feb/October 2007 due to some other reason. Because USCIS did not ask for my either past employment history or paystubs.Do you have any idea of any grace period like 30 days after H1B expiration date to file for extension?



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  • gc_relief
    04-27 02:56 PM
    Reason syill not known and waiting for the denial notice..

    Priority date is Nov'20 2007
    My I-140 receipt date is Feb'20 2009..

    Does the date impact my h1 extension??




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  • gccovet
    12-17 01:53 AM
    Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...

    Will try to ask my question again...

    I am not worried about when my FP expires and things on those lines....
    my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...

    Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following

    Biometrics Processing Stamp
    ASC Side Code: __________XTE<location>
    Biometrics QA Review by ________ (officer's signature)
    Tenprints QA Reivew (officer's signature)


    Thanks Gurus !!

    SEcurity clearence for jobs are different / separate then immigration stuff. non-imm aliens can get lowest level of security clearance.
    GCCovet



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  • setpit_gc
    05-27 07:14 PM
    Got the RFE document.
    Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.




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  • mps
    06-24 11:28 PM
    Article says all pending application ...

    "The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."



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  • chris
    07-08 03:35 PM
    Why the lawyer need some information from your wife ? ( she no need to apply any thing , since your GC is approved ).

    I think best way to tralk to HR dept in your wifes company and explain them. that you will get GC soon. If they need some proof show them approval email .

    If they ask to fill i9 form show the EAD as proof for employment eligibility.



    New company lawer is not accepting EAD, even though we don't have written approval confiramtion

    How to conivince him to use EAD unti we got the phisical card?




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  • txh1b
    04-15 08:44 PM
    Too bad. Sometimes you end up misplacing some document and you overturn the entire house to find them in an unexpected location. Start looking for it from every location in the house and you may find it unexpectedly.

    Also, I did leave a copy of atleast my first I-20 at home before I flew to US and I bet my dad would still have it if I needed it. Try to see if you did something similar. Only drawback is it does not have the entry stamp as the copy was made before I entered US in my case.

    After this happened to my friend, I decided to scan all documents and store it online to avoid damage from the natural elements.

    To me, it does sound like your attorney definitely has the copy but they are just lazy to look for it or dig into it.



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  • manderson
    10-30 09:58 AM
    stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.

    Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.

    One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...

    Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!

    :)


    Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

    We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.




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  • uimv
    03-14 12:18 PM
    So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
    Switch from H1 to EAD is done by filling out new I-9 form for EAD.



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  • ivgclive
    05-18 06:53 PM
    3 deportations at POE (EWR) till date this yr .
    only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky

    P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent

    thanks

    Very first person who dares to say that, has information first hand.

    Good job for your hard work.




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  • sanjay
    08-29 12:29 PM
    I saw many 2nd July Polls but doesn't have full proof information.
    So thaught creating New Poll.
    Hope everyone will participate in the Poll.


    where is the poll? Any way there more than 5 - 6 polls as of now and there is no way to find a full proof information. We all do more speculations and analysis. So, no need to create new threads with these polls. We got many.



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  • HRPRO
    02-03 01:28 PM
    In addition to the job requirements reading the required experience, the job description has to spell out the required experience and the job description has to justify the required experience.

    Once the JD is finalized your emplyer will be sending it to the SWA for wage determination. Send it both ways and see what you get.

    More importantly ensure you can get the experience letters to back the experience listed in the JD




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  • wandmaker
    02-04 02:32 PM
    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

    You are merely a beneficiary of 140 application, the petitioner is your GC sponsoring company - only the company or representative has the authority to make inquiries. First step, you should ask your attorney or company to call USCIS and mention that your 140 is outside processing time and also you had responded to an RFE , it has passed standard response/decision time (usually 60 days) - ask the CSR to open an SR. For the most cases that I know, this has triggered a decision with in 45 days from the date of SR. Hope this helps.



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  • akhilmahajan
    07-30 07:56 PM
    EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.

    P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.

    Did you try to contact some one at the office. Mine is March 2007, but just reading your case, it gives me butterflies. I dont know whats going on and with all the 485 applications god knows whats going to happen. I hope u get it soon.




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  • coopheal
    03-13 10:12 AM
    Thanks. It is employer decision.
    I know of cases where, H1b was not cancelled.
    Can you please give link to USCIS site stating the rule ?

    ALL: Please share your experience in this area.

    I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.

    I am not sure why you company would like you to move from H1B to EAD?




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  • IneedAllGreen
    02-04 01:09 PM
    Thanks four response. Do you have any format to write a letter to Senator or congressman?


    Please take your Senator or Congressman/Congresswoman help. Though it is not a sure shot, you are better off trying then not trying. Its a simple process, call your Senator and tell them that your application is struck at NSC for more than 2 years. They will take it from there; they will ask you all the documents they need.

    My I-140 got approved after my local Senator called them.




    optimystic
    04-24 02:38 AM
    Please see my signature for details. Good luck to all of you.

    Congrats gccube !!

    I was following your posts. Your case profile is very similar to mine as can be seen in my signature (Actually my PD is couple of months earlier than yours !! But my RD at NSC is later than yours at TSC)
    I am hoping I will hear good news soon as well.




    abhishek101
    01-13 03:39 PM
    There is nothing you can do going forward. You broke the law and as such the punishment is more severe than simple monetory fine.

    If it is caught then they will cancel your H1b and will invalidate your GC.

    If they do not you are good :D



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