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  • glores1970
    09-20 01:10 PM
    Hello,
    We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.

    The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.

    I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.

    Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?

    Thanks for your help.





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  • snathan
    09-20 02:09 PM
    Do not lose your hope on all these distraction...be optimistic and let the call campagin go on for the H.R 5882. Please call the comitty chair and ask for the mark up session. I have done that....did you?:D:D:D





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  • langagadu
    11-11 12:16 PM
    I will advice you but do you provide free catering for the next 5 years?

    Just kidding man. Stay with the employer for atleast 6 months (that's what pundits say).

    Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.

    Please do advice accordingly as I need to take decision based on that.

    Thanks in advance





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  • GKBest
    10-30 06:24 PM
    I may have to use it for work from January as I am invoking AC21. I am confused now whether to re-apply or just use it like as it is.

    My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?

    Gurus please advise.

    http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1

    My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.



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  • sayonara
    12-13 12:14 PM
    Guys, I guess almost everybody is done with their finger printing by now.

    I think there is a significant chunk of the crowd (mostly NSC-CSC-NSC and other transfer cases) who havent got FP notices yet...so if nothing else...feel glad that you are ahead of us in the GC game...LOL





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  • enthu999
    07-17 12:50 PM
    your comments are very helpful.



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  • Wewilldo
    11-25 09:21 AM
    Thanks for the reply.
    So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
    Am I correct?

    Hi Andy,

    I am in kind of same situation. What happened to your case? My new employer file my H1 extension and renewal after my VISA expiration. They need valid I-94 for I-9 verification.

    If you have time can we talk for seconds, 914-217-6925.

    Thanks,
    JAtin





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  • authrd
    07-26 02:13 PM
    assuming you don't have all your I-94s and I797s,

    having W-2s/paystubs for all the years is enough to prove that you have always been in status?



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  • Humhongekamyab
    07-30 12:14 PM
    It appears only EB-3's are getting approved these days.





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  • waitingnwaiting
    02-15 01:17 PM
    If each state in India were a country

    There would have been no backlog.



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  • dval_dpal
    09-20 06:18 PM
    raj,

    could you tell me what is your education background....i'm planning to switch to eb2 too...
    your advice will be helpful.

    thanks
    dhaval





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  • cdeneo
    03-27 12:50 PM
    No real evidence but when I had looked into doing this for my parents this is what I found out -

    You can apply for an extension - but would need to give a valid reason with proof along with a confirmed return air ticket for a later date. Some reasons that get accepted with the correct proof:
    1. More travels planned within the US - provide itinerary with dates and reservations of where the travels are planned for. And a confirmed return ticket to India later on.
    2. Medical - maybe a letter from the doctor may suffice but they would need to still have good explaination and this may not fly for a 6 month extension.
    3. Marriage of a family member in the US with wedding invitation and a confirmed return ticket to India after the wedding has occured.
    4. Any other valid reason with proof...

    I had consulted an immigration attorney and he said that he could prep the paperwork for me - the form itself is very simple, you need to attach an explaination for why you are asking for an extension and this needs to be done properly.

    Another thing the attorney told me was - USCIS had become more stringent than before on giving the extensions (not sure how stringent though as he said that one could get an extension with the right documentation provided). Also one needs to provide proof of funds to support your parents while they will be here - you can provide your bank statements, pay slips, etc for them...

    Also the attorney had mentioned that if they did grant an extension one time - most likely they would not do this again in the future (once in a life time thing sort of deal). Best bet is to go back and save your extension for a later time when you would utmost need it.

    Traveling out of the country and returning in one month used to happen a lot in past years - officers at POE have become more strict and may see that you were just here for 6 months and are back this quickly. The officer at POE would ask you the reason for a visit this quickly and may grant you a one month or a three month stay - completely in the hands of the officer at the POE (you may still get six months but it's all luck at this point).

    Good luck with whatever you decide to do.

    Hi Everyone,

    I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.

    I wanted to know what options do i have and what would be the repurcursions.
    1. extend thier stay. if so, whats the process.
    2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.

    Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.

    Your opinions and suggestions will be greatly appreciated.

    Thanks



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  • funnymdguy
    11-16 11:34 AM
    Wait for 30 days from the EAD mailing date and open a SR with USCIS and take infopass appointment. Discuss the issue with CSR & IO. They will tell you exactly what you need to do.

    Thanks, I actually called NSC and talked to the customer service (CSR) and she told me that it is USCIS policy to not give any duplicate/copy of this approval/card for something which has been sent but not returned ? How can i speak to the IO officer...can i ask her to transfer me to an IO officer? whom should i ask to open the service request (SR) with?





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  • Gravitation
    12-30 07:27 AM
    I wanted to get some idea on why EB2 got stuck around Jan 03 when it flew past Apr 01 deadline.


    EB2 was completely unaffected by 245(i) and had no reason to be stuck on Apr 01.
    EB2 being stuck around Jan 03 etc... could actually be a good news for EB3. Why? It means that the number of people who abandoned their EB3 PDs to escape retrogression and filed for EB2 is very large!
    The key thing to watch for India EB3 people is that PD should remain beyond May 1st, 2001. If it doesn' revert back to April, we can assume steady progress.
    All in all, I don't see any reason why Jan 2003 will have any -ve affect on EB3... it could be +ve though.



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  • GC_1000Watt
    03-28 01:02 PM
    Hi all ,

    Me and my husband are planning india trip in jun or july this year for 2-3 weeks.We both need to get our visas stamped in New Delhi .
    We are short on time and our native places are far .So to save time and keep the window for passport arrival if approved or any problems ,postal delays..I was thinking to get visa-interview-date the day we land to delhi.
    So here is the probelm,travelling with heavy bags ,international baggage is unsafe and difficult.
    What would be the travel tips ?
    Our plan is-
    1.To stay in some hotel in delhi the day we land( if we reach in evening) and go to stamping next day.
    Where to stay? Should we go to consulate with all international luggageand directly travel for native or keep in hotel room, come back later for it ,is it safr options?

    Traveeling is also difficult

    2.Then for there on ,what transport ,bus,delux bus,train ,or flight to take to chandigarh.
    what ever is easiest for us ?
    For regular bus(i know is pretty fast,5-6 hrs) ,we have to go to ISBT and keep lugaage on top of bus...i dont know about seats...availability .

    For deluxe, never travelled so need tips.
    Or better to take train ,go to railway station.

    I dont know if domestic flgihts allow that much of baggage option, do they allow international luggage ,something like through checkin.

    Please throw in your valuable suggestions to make our trip easy and better usage of time.
    Hi there!
    The biggest challenge for you here would be to get the Visa interview date matching with your travel itinerary. You do not have a real choice in terms of getting Visa interview date of your choice. Also visa dates for July will get open only in June and you probably will book your tickets etc well in advance, and therefore it's kind of difficult to get the Visa interview date as per your schedules.

    For baggage thing though, I guess airports have locker facilities available where you can put your luggage.They will charge you on hourly basis. Please find out about that.

    Domestic flights will most probably allow you to carry international luggage if you show them your boarding pass/eticket to confirm that you are an international traveler

    Good luck!.





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  • Wewilldo
    11-25 09:21 AM
    Thanks for the reply.
    So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
    Am I correct?

    Hi Andy,

    I am in kind of same situation. What happened to your case? My new employer file my H1 extension and renewal after my VISA expiration. They need valid I-94 for I-9 verification.

    If you have time can we talk for seconds, 914-217-6925.

    Thanks,
    JAtin



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  • PD_Dec2002
    07-07 09:49 PM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???

    I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.

    Thanks,
    Jayant





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  • svennela
    01-22 06:10 PM
    Thanks a lot..





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  • shana04
    01-21 09:29 AM
    But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?l

    Nothing


    Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?

    if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21

    But, once you get your GC you need to join employer A

    Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)

    Good luck





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    12-04 04:54 PM
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    rani77
    09-18 11:59 AM
    My case is little bit different.

    EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.


    Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Approval notice sent.

    On August 13, 2008, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION.

    You dont get any approval notice except the card with white card folder. So you are good ,dont expect any Form 767 approval notice.



     
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