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  • copsmart
    06-19 08:03 AM
    I totally agree.

    My PERM application was rejected several times due to my ex-employer Attorney's negligence, and my priority date got pushed. Finally, I ended up hiring my own attorney, and hence I was able to file AOS back in July 2007.

    LONGGCQUE

    Try to submit as many proofs as you can, such as pay stubs, tax papers, appraisals & etc. As for the experience letter, your attorney should write a letter to USCIS explaining the situation, with all the above mentioned documents attached.

    Oftentimes, we know better than what some attorneys do. They are not always right.

    Seek a second opinion if necessary.


    To add to that, keep following up with your lawyer. Dont assume that lawyers know everything. My lawyer destroyed my case and made me loose my 2001 labor. I have now refiled and have a 2004, a loss of 3 years, but in reality, I could have had my green card nearly 8 years ago if it had not been for the mess up. There was nothing that I could do as the company was running the show. All i could get them to do was to refile again.

    In addition to the letters from co-workers, send as many paystubs that you can get, W2 forms and tax returns (or the indian version), bank statements, etc. Also include a letter along with proof that you requested a letter from your old employer.





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  • ImmiUser
    07-12 11:40 PM
    I might had refresh immigration-law and travel.state.gov websites atleast for 100 times in last half an hour just to get glimpse of Aug bulletin :(





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  • jkamel5
    07-13 06:23 AM
    You are way more qualified than me. I only have 2 masters, research work, research papers. My attorney was able to get my EB1 approved without sponsorship. You will definitely get EB1


    Could you please guide me to your lawyer?
    Thank you





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  • gc_in_30_yrs
    10-03 08:50 PM
    I have two passports one with H4 Visa stamped and another Surname changed. While entering US, I have used my name as in the Visa (new surname) in the I-94 card.

    I have applied for H1B with new surname in this May and change of Status with that I-94.
    During H1 processing, I have travelled out of US and while entering back I have used old surname( as sometime back DMV ppl told that the name on I-94 should match with H4 Visa)

    Now I got H1 approval and COS approval with my middle name taken as first name and new surname.

    1) First thing is, the I-94 on COS approval and I-94, currently present in my Passport does not match.
    2) First name and middle name are interchanged in the passport and H1 approval.
    Is this going to create any problem while applying SSN? What are the possible consequences..

    Also, any similar scenarios, plz respond..


    in your situation it is advised to talk to an immigration attorney like Murthy or someone like that. They can help you out with this. You may be scared to death by some of the posts here.



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  • gceb1
    03-20 11:51 AM
    Jayant aka PD_Dec2002:

    Can't believe you got suckered into this. "gceb1" is up to no good...spewing his frustration at you and lskreddy. He/she cannot justify his own posts to save his/her own butt.

    I count you among the several "voices of reason and logic" in these forums since more-often-than-not you will do the research and provide appropriate links. So just ignore this "gceb1" idiot, and continue what you do. Ideally, everyone should ignore this "gceb1" idiot. :)

    Please refrain in using abuisve language against anyone.....Just was making my point of view. Expressing views might hurt anyone but that does not you can thrash someone in public forums !!!!

    Get help from 101 manners !!!!





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  • leoindiano
    09-19 11:40 AM
    I want to thank this european who got his greencard 2 weeks back but still attended the rally. There may be more heroes like this. I was in a group of people when we spoke to him, didnt catch his name as i was encouraging bypassers to honk their cars to support our cause.

    He is over 6 foot, in immigration voice t-shirt and blue jeans. He is swedish...Please share his name if anybody knows....



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  • rk2006
    05-24 12:30 PM
    Sent Fax #15 from CA





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  • abhishek101
    02-08 11:43 AM
    Hello guys,

    My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
    1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
    2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
    2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
    3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
    4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?

    Others, please feel free to add to the list of questions.
    Thanks
    1. You can walk to your local SSN office and ask them about the lockdown on SSN.

    Ideally if you are near 40 quarters of SSN contribution I will stay here few quarters longer to make it to 40 quarters. This way even if you are in India you will get some money when you retire ( few 100 dollars are not bad). ( I know about SSN and its problems but still there will be something there)

    2. There is nothing in 401K laws that says you can withdraw the money before you turn 59.5, but you can try to establish a case of hardship and see. The predefined cases are here

    401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)

    2.1 The Penalty is not 40% it is only 10%, (usually the way it goes in 30% tax + 10% penalty gives a total of 40% loss). But as someone suggested you can withdraw it in phases and not pay the taxes, in that case you will only pay the 10% penalty. I will consult a tax attorney to get more information on this.

    also r2i websites are great help.

    Good Luck



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  • hopefulgc
    12-11 10:12 AM
    you guys missed the train that only moves backwards.


    This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.

    Thanks
    Ram
    ---------
    EB3 India PD Feb,2006





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  • dpp
    08-11 01:38 PM
    Do you have WAC or LIN numbers?


    Got following email today on my daughters case today. NSC July Filer. EB2 I Mar 2006.

    All our cases show this status now.

    Any idea what happens next?

    Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.



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  • roseball
    04-09 05:42 PM
    You are right axp817, but small correction.
    Company A (old company) attorney filed I 485 based on the I-140 approval from
    company A.

    Oh well....The only thing which can save your I-485 now is an offer letter from company A for future employment upon your GC approval. I hope you can get it. Your attorney should have let you know about this when he was filing your I-485. And as far as he giving you a choice to pick an employer, afaik, I don't think you have a choice since your I-485 was filed after your changed employers. You need a letter from company A, period. (This is my opinion)





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  • himu73
    06-18 11:16 AM
    Appointments available with
    Dr. Abdallah Taha
    1815 Kennedy Boulevard, Jersey City, NJ 07305
    (201) 860-9121

    You can call and go in
    Charges: 260 + 50$ Xray

    People: I called up a doctor in NJ and the next appointment date was 1st August. Then I tried few more numbers and ph just kept ringing. Finally I called up a doc in NYC and got the appointment for this Friday (June 18). He charges $190 per person. Here are his details.
    Dr. Abid Quraishi
    303 Greenwich Street, New York, NY - 10013
    212-233-4320

    This will work for people who work in NYC as he is located there. Good luck !!!



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  • Googler
    02-15 09:47 PM
    Ok, so my PD got current (EB3 India). What next?


    Optimystic -- is your PD current?

    IF you have a current PD RIGHT NOW...AND submitted your I-485 on or before June-July 2007... AND have an approved I-140

    (i) they are sweeping through all the files to find such files because if you filed your application in June-July 2007, 180 days have likely passed since your name check was submitted to the FBI. Name check request are made within weeks of generating a receipt for you.

    (ii) they plan to complete this sweep by March 10; UNLESS visas run out, they plan to process such cases in approx 60 days (hah! like I believe them).

    (iii) within the set of applications with current PDs, they apparently process in order of RD. Not sure if this is within the EB preference and current PD or across all EB preferences.

    (iv) Some cases are approved without any changes in LUD i.e. that amazing email arrives before without any prior LUD changes.

    IF you don't have a current PD, I have nothing to say except best of luck to all of us...the situation is pretty grim. The movement of EB-3 ROW will mop up most of the green cards left this year.





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  • gc_chahiye
    08-14 02:29 PM
    I know that if you don't have H1 stamping you need AP to reenter. But if you have AP why do you need H1 stamping if you are working for the same H1 employer after reentery? Is H1 stamping a backup to AP?

    If you have a 3 year H1 extension (like I do now) you can get a stamping for 3 years and wont get tied up in AP extension filing etc. With the flood of applicants in July I think USCIS is going to take much longer to process AP/EAD and I am expecting periods between APs where I would be stuck, unable to travel. With a 3 year H1 stamp all those issues go away.
    Traveling on AP also has the funny effect that your I-94 would be stamped to the expiry of the AP (1 year) rather than H1 (3 years) and I dont know what happens when that I-94 expires... H1 travel is simpler once you have a long lasting H1 stamp. Main advantage of AP is I can renew without leaving the country and if my I-485 ever gets approved when I am outside the country, I can re-enter (my H1 would be invalid at that point)



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  • eyeinfinitude
    12-30 10:19 AM
    Ok I just saw Lost's entry on the original battle thread and both are amazing to me because I suck arse with pixel art. I ended up voting for Soul's entry since it's so detailed. Great job guys. =)





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  • gibun
    November 13th, 2004, 01:36 PM
    in korea great unhappines and people flocking back to stores due to another d70 problem...blooming. maybe a storm in a teacup, but some reviews also mention it. blooming has nothing to do with lenses or the operator.. it's a hardware problem.



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  • inspectorfox
    10-16 11:39 AM
    Hi ,
    I received RFE on my I-131 application asking for all the I-94's that is being issued to me.

    I had been in and out of US many times and there's lot if I-94's involved and I don't anything with me except the latest. What options do I have?... Also couple of times during my earlier trip (initial visits in US), the AIR Line didn't even take the I-94 from my Passport which ultimately I lost.

    My Passport has all the entries indicating my Date in and Date out...

    Gurus - What do you advise on my case...

    Anybody's input are highly appreciated and I know we could somehow get the I-94 copies by requesting USCIS. (That is time consuming)... I have to respond in next five to ten days...

    What options do I have?...

    Thanks.


    Send them copies of all the I-94s you have along with a letter stating entry exit from US. Include airline tickets if you still have them.





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  • chmur
    08-14 03:25 PM
    USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.

    If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.

    Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.

    What will happen during 2009 in all likely hood is the following,

    Almost all EB1 spillover will go to EB3. (~ 25k)
    Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
    In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.

    From VB

    "Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "


    First, your scenario is overly optimistic . Even then EB3 can use a max of 10,000 of such visas and pass on the rest to the other workers category.

    Which basically means Eb3s with PDs> 2004 will get screwed even in a very optimistic scenario.

    Worse is Eb2s do not have such a cap . So not a drop trickles down till Eb2 is completely satiated.

    Assume HR5882 gets signed by president and visas are distributed according to current laws .....Eb3 will get some benefit but not much. Infact everyone other than Eb3 will get maximum benefit including famili-based, other workers etc.


    Moral of the story - Eb3s with PD > 04 ....port to Eb2 ...if you can...now





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  • karthkc
    02-29 11:26 AM
    please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
    Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
    Please do not start fear mongering based on incomplete information.

    This is not fear mongering. You DO NOT have a grace period for H1B termination as you do on F1-OPT or anything similar.

    The right way to stay in H1 status is to get a transfer BEFORE the termination date on your H1B.

    In reality however, USCIS may not look at it from a zero tolerance policy while ACTUALLY adjudicating the case. They may approve the transfer if the paystubs are "RECENT" enough or may send an RFE. The usual criteria for recent is two weeks or sometimes upto a month. Anything longer is at your own risk.

    The 6 month period hoolahous refers to in the link is for "UNAUTHORIZED EMPLOYMENT" meaning working for an employer other than your H1b sponsoring entity usually the H1B petition is still valid. I believe that is not the case here.

    If you would like to stay on H1 status, my suggestion would be to apply for a transfer with another employer before the end date of your current job.

    If that does not work, you always have the option of using EAD to get another job, but in the meantime your status should be fine as you have filed for your 485 and you will be in AOS.

    As always, check with an attorney for your specific situation and use your best judgement.

    Good Luck!





    kufloyd
    06-13 07:04 PM
    Hello,

    My 485 status online just changed today. Here's the new message:
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
    --------

    The previous message said that "my case was transfered from CA to NSC on Sept 12th 2007". I had been seeing the previous message for the past 9 months. Anyone knows what the new message means?

    Coincidentally, I had called today and spoke with an IO to check on the status of my 485. He said that within 30-60 days it should get assigned to an officer. Would this have any bearing on the new status message? I see an LUD with today's date.

    Thanks much for any help,
    Kunal





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