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  • andycool
    12-25 07:19 PM
    Hi,

    Need quick suggestion:

    Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.

    I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.

    I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.

    Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.

    Please advice.

    V

    you should be fine ...
    just keep your AC21 documents intact...
    Have a happy new year ..dont worry,





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  • Blog Feeds
    11-18 02:50 AM
    The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...

    Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.




    More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)





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  • i99
    09-18 01:46 PM
    Please see another attorney (not through your employer) ASAP. Have and individual consultation. I think the best you can do is to help yourself at this point. Hang in there. :(





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  • gapala
    07-16 01:11 PM
    You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.

    Not necessarly true. Last time when I renewed the AP, it was approved from 2 days prior to intended travel date specified in the application for 1 year. I am not sure what can be done about this 9 months thing.. hopefully other members will pitch in with experience.



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  • wandmaker
    12-04 11:08 PM
    Thank you for response.

    I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.

    Yes, I read in forums RFE's and 221g both have become more regular these days.

    I'll let the forum know outcome of this case. Thank you for visiting this thread!

    If you apply in PP, you will receive an approval, denial, NOID or RFE with in 15 days. 15 day clock will start ticking once USCIS receives the response to RFE. AFAIK, this holds true as of writing.





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  • achu
    08-06 04:51 PM
    thanks for the information.

    any form do I need to submit to USCIS in the above case? and what is N-400 is it related to citizenship?

    regards,
    achu.



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  • chanduv23
    11-02 11:47 AM
    Check out the pics from http://immigrationvoice.blogspot.com and get inspired by the positive response from the NJ meet





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  • tnite
    06-25 07:10 AM
    Hello All,

    When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.

    Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:

    Any suggestion is appreciated.

    Thanks

    Unless you dont have credit($$$$) to pay your lawyer then it will impact AOS.
    LOL
    It has no impact.



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  • jayleno
    07-14 04:51 PM
    I'm not a Guru in Immigration Matters...still from my experience USCIS is pretty random in some cases with online statuses.
    I think I just told you what you know already, but reminding you that you are not alone.
    Any updates gurus?





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  • jonty_11
    06-25 05:35 PM
    Didnt they just abolish labor substitution?????



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  • vishwak
    01-01 03:17 PM
    There won't be any issues.

    BTW, whats your port of entry.

    While leaving take all appropriate documents like Paystubs, Employment Verification Letter etc and also you vacation approvel details if needed.





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  • BMS1
    11-06 10:29 AM
    You can have any no of transfers before the first transfer is approved but for the final transfer to get approved, all the in-between transfers are to be approved. One issue could be one in-between company withdrawing the H1-B application and another issue could be one in-between company not responding to an RFE in time.



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  • krishna_brc
    12-07 01:55 AM
    yes you can use AP, when you transfer your H1B to new company.

    Thankyou





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  • cagedcactus
    12-19 02:10 PM
    Thank you for contacting me about the issue of immigration. I appreciate you sharing your views with me.



    As you know, the United States Senate passed legislation earlier this year in response to the serious problems with our nation's immigration system. Debate on the comprehensive legislation dealt with a broad range of issues including our national security, border enforcement, guest worker programs, and the issue of immigrant workers in agriculture, seasonal jobs, and high-skilled positions. Our immigration system is broken, and I am well aware of the urgent need for reform and the impact on those trying to navigate this complicated bureaucracy. This legislation is now before the House of Representatives.



    We need an effective immigration system that works for businesses and communities and that protects the basic rights of immigrants who are such an important part of our state economy and quality of life. In the end, I did not support this legislation because it failed to strike the proper balance between security, fairness and preserving Michigan jobs.



    Thank you for contacting my office. I will keep your strong views in mind if the Senate considers this issue again. Please continue to keep me informed about issues that are important to you and your family.



    Sincerely,

    Debbie Stabenow

    United States Senator





    Above is what I received today in my mail.
    I dont know what to do now. It seems that all our efforts are worthless. It seems that regardsless of what we do, the Senators have made up their minds about this bills. I think that anti immigration forces are way too stronger for us to tackle.......
    I personally dont see any relief........
    :mad:



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  • vjverma
    05-23 06:40 PM
    Called both the senators. Specter's office said that the senator won't be proposing any amendments.

    Basically, standard reply from both, they realize that there are holes and they will keep our feedback in mind.





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  • amitjoey
    02-05 07:40 PM
    Thanks amitjoey .

    I140 is already approved Was just waiting for 180 days to finish . So in this time of recession waiting for employer to find a project(corp to corp) or should i accept the offer and wait till i get the EAD to start work .


    You absolutely have to wait till the EAD IS approved. Who knows, how long it will take for the EAD CARD?. You applied just 2 weeks back, it could be 2-3 months. Could you wait that long? can your new employer wait that long after you accept the offer?. Your new employer could apply H1 for you. That could be much faster, since you only have to wait for the receipt. (2-3 weeks).

    To be able to work, you need either an H1 or an approved EAD



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  • KabAyegaMeraGc
    07-30 04:24 PM
    Can you elaborate the process for infopass?

    I tried and got mine but when I tried to get an appt for my wife I got a message saying I cannot schedule an appointment.





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  • hibworker
    02-13 01:45 PM
    Hi

    My wife is on a H4 visa. Her visa is going to expire june 2010... she has to go to India later this month on a very urgent work....

    So is it advisable to go considering the scrutiny at port of entry nowadays ???

    FYI she will be travelling by herself...

    Yes she can go as she has valid visa to come back. Let her carry your approval notice, recent employement letter and recent pay stub ... just in case they ask at POE. I don't think you should lose sleep over it. So what if there is additional scrutiny? If she hasn't done any wrong she should be alright.





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  • vselvam
    05-17 03:43 PM
    After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?

    History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
    I can�t use my EAD.

    I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.

    I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B

    Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?

    In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.

    Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.

    Do I require to start again my GC process? Or Can I continue with the same existing filed application?

    I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?

    Any advice is appreciated.

    Thanks





    pappu
    03-12 12:05 PM
    Thanks for your post and being informative. We understand your frustration (as expressed in words-- bucket of warm spit :) ) and appreciate the concern.


    IV understands the issues and have been working with the lobbying firm on the stratagy that has more chances of success.

    Please be patient and support us in the meet the lawmakers drive and funding drives at this time.





    piperwarrior
    07-17 11:16 PM
    I don't think your lawyer knows what he's talking about. All you need is your I-140 receipt. I applied for my wife on July 2 and used my I-140 approval notice. Did not even include the I-485 notice as the instructions did not ask for it. The simple solution is to go online and download the official instructions and figure out for yourself.

    I got myself in somewhat of a mess here and wondering if there is any solution?

    I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.

    She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.

    Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?

    Thanks.



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