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  • gc_rip
    08-10 08:53 PM
    Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
    Why can't democrats come up with a bill like this, good for EB immigration? And what would be a reason for Democrats to vote out this bill?





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  • johnamit
    07-27 03:49 PM
    So if you run this query: select (current date - 26 days) + 180 days from sysibm.sysdummy1
    you will get "12/28/2007"

    So lets say Jan 1st to be on safe side, so this new year eve we can celebrate our independence from H1b employer. I marked on my calendar Independence day for me and lot of IV friends.





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  • GoneSouth
    03-15 05:25 PM
    If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different. That's right. Second PERM can be filed for same employee at same company if first PERM is already approved (not pending) and second PERM is for a "substantially different" position.

    Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same. This is not well defined. In my case, the second PERM was for a position in a different O*NET category and a different job zone, and this was considered "substantially different" by DoL. My guess would be that if the two positions are different O*net codes, you should probably be fine (this is a guess only - please consult your attorney).

    Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?Sorry, I don't have any experience in that area, so I can't comment.





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  • GC_1000Watt
    12-15 11:42 AM
    Answers in Red Ink Below....

    Thanks a lot for your reply. I really appreciate if you can aswer the following:
    Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?

    Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.

    if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?

    I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.

    Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....



    Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.

    Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?



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  • pappu
    10-12 08:56 PM
    http://www.uscis.gov/files/nativedocuments/USCIS_Monthly_Oct07.pdf

    also in the monthly newsletter.





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  • sirinme
    03-16 02:21 PM
    I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.



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  • hyderabad123
    01-11 03:58 PM
    Hi,
    I-485 was denied, then applied MTR on June 2010. I didnt recieve nay update, we are planning to travel hometown bcz of personel problems. I called to expediate on my petiton, they opened SR, after that i recieve the response saying that, ur petition with IO, once we made the decision will let you know. If you have any exp or any one on it please do share with me. That is more appreciate.

    Thanks





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  • mhathi
    09-23 07:55 AM
    I suggest you talk to a good lawyer! This kind of question is too sensitive to rely on people's opinion.



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  • jonty_11
    04-29 03:21 PM
    From the title of the thread seems like u already got an RFE...please use good judgement in naming threads....





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  • pappu
    05-03 08:08 AM
    Did you get an RFE for ability to pay before it was denied? if yes, a good lawyer would have helped you answer that. Now you must ask your company to appeal this decision. It takes a year or more for this appeal to be answered. You can use this proof to get your H1B extended if needed. (that is also an option for you).

    Even while the appeal is in process, you can start looking around and find a good employer.

    Find out where the fault is. Since you are working in the company and the company is paying you salary, the ability to pay could have easily been addressed. Is it HR fault or Lawyer's fault. If you have to leave the company, you can use this as a reason to leave and tell this to the top bosses so that they can take action against incompetent HR or incompetent lawyers.

    In your new company start your PERM process asap. HR or lawyers sometimes drag the application and can take several months to move something an inch. Try to find a lawyer that you can hire rather than a company Lawyer. If is tough to find a 'good lawyer' and you need to do some shopping around yourself. Read a sticky thread in IV spotlight topics about lawyers before you hire one. In every step of the process always review each and every document that the lawyer files. Go through it word by word and line by line. Check each tick mark and crosses. Read about each stage of the process yourself and be informed. Be active on the forums and ask questions and learn from others experiences.

    We cannot afford to be ignorant of laws on immigration matters even though we are hiring experts to do our job.



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  • bostonian28
    12-10 12:16 PM
    Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.


    http://www.murthy.com/news/n_yatmay.html


    Any comments / suggestions ?





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  • Berkeleybee
    03-01 01:22 PM
    All you have to do is scroll down the home page.

    Let me know if you still have difficulties.



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  • parablergh
    08-27 02:26 PM
    While it is usually best to have your company (or legal representative) communicate directly with USCIS, it is possible to contact them directly to determine if your petition has been received. You will need to know which office the petition was filed at (based on the location of the employment it should have been CSC or VSC) and the date of filing.

    After you provide some personal information, you may be able to receive your receipt number verbally.

    Unfortunately this has worked in some instances, but not in others - so good luck.

    If this does not work, your company should be able to confirm if the checks were cashed. If so, your receipt number should be stamped on the back of the checks.





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  • conundrum
    05-25 07:09 AM
    Additional Info: The senators offices open only at 8:30am.



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  • looneytunezez
    06-17 12:51 PM
    But after thinking a bit more - i now understand your plan. Your list of questions may impress the infopass immigration officer, and the officer may recommend that you should be hired by USCIS as an IO, given that you are more familiar than him/her with the immigration process. Once you are hired, you plan to approve your own GC?

    Great plan....i think i might recommend this to someone!





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  • chanduv23
    08-07 10:52 PM
    and bump///

    ^^^^^^^^^^



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  • amsgc
    06-16 02:02 AM
    AMSGC

    Will this be a problem in name check process of I-485. I have contacted my lawyer and waiting on his reponse. If he gives me a go ahead I am going to fix it first thing monday morning.

    Thanks
    Murali

    Murali,
    I have not even filed the I-485 yet. I just gave an objective thought to your problem - I personally would have had it fixed. At the very least, find out if it is just a typo on the card, or if your name associated with the number is backwards, which I think is a serious issue.





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  • anilsal
    08-21 11:54 AM
    bumping up??

    The attorney gets a copy of the FP notice also. They can forward it to you.

    Would it be too much to ask, now that you are happy that your checks are cashed, to show some appreciation for IV by performing tasks at the state chapter level?

    Since I lead the IL state chapter, do you want to help out now that you are in Chicagoland region?





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  • miteshm
    07-21 04:03 PM
    I am curious - Did you get a receipt notice for your wife? I have E-filed for AP for my family. I have got the paper receipt for me but not for my family. I am wondering if there is a pattern here.

    Thanks,
    Mitesh
    Hi,

    I have absolutely the same story happened to my wife.
    I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
    Called USCIS on October, November and December 2007. No results.
    Took Infopass on January 2008. We were told that we have to apply for a new one.

    On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!

    On June 2008 we received new AP with Start Date September 2008.
    My wife need to travel on August 2008.

    I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.

    I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.

    Any suggestions?

    Misha

    I485 EB3 filed on July 2, 2007
    PD: December 2005





    Lasantha
    07-17 04:41 PM
    Screw Murthy !!! I have never seen him picking up any good news.
    Kumar, you better get ready face two law suites from Sheila Murthy. First for misrepresentig her as a Man and second for sexual harrasment. You are in big trouble boy!!!





    fromnaija
    12-03 04:09 PM
    With due respect to Prashanthi, I don't think the OP aged out of his I-485. Since his parent submitted their and his I-485 in 2007 (that is before he turned 21), his application is protected under CSPA. In fact with respect to EB, once the I-485 is submitted and then the PD retrogresses, the child's age is locked in and the application will be approved whenever the PD becomes current again.

    See page 3 of this document:

    http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf


    Visa Availability Date Regression
    If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.


    It's risky for the OP to go out of the US while his application is pending. However, it can be done if he has advance parole. He will have to return each year to renew his AP. If this is a risk you are willing to take, you could go but be aware of this.



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