Saturday, June 11, 2011

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  • Reddy1576
    07-27 10:17 PM
    I have another question if my I-140 is in appealed stage will my H1 b would be approved? If approved what are the chances of getting approval if i tranfer my H1b with the different company while I-140 is appealed with the existing company?

    can i apply one more I-140 , and what will be my case in this situation?


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  • lonedesi
    10-20 03:27 PM
    Thank you guys for all your responses. Appreciate you letting me know your experience in this regard.

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  • leo2606
    09-15 08:07 PM

    You are saying chandu opened 8 threads for the same topic.And you are saying he got lot of free time in his hand.Other side you are trcking all his threads, what should we say about it?Looks like you also have lot of free time, try to come to DC rally please.

    Thread number 8 by must have filed under EB - "Too much time on my hands"

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  • gc_chahiye
    08-29 05:10 AM
    Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.

    thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.

    The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!


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  • gc_buddy
    11-18 02:35 PM
    Dear Members,

    One of the IV member recieved a phone call from Ombudsman office and is as follows.

    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.

    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website:

    Please submit your case problem and supporting documents via email to or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.


    CIS Ombudsman
    The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.

    With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters

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  • krustycat
    12-07 09:08 PM
    I called again today, this time the IO told me that he'll send an e-mail to NSC.
    He gave me a confirmation # NYCxxxxxxxxxxNSC and asked me to wait 30-45 days more.


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  • narenkasam
    01-25 10:44 AM
    did you change the address after filing for you I485

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  • amitjoey
    08-23 10:40 AM
    I do not understand what the need is to change to F1. One can do Masters while on H4. If you are thinking she needs OPT to work after Masters, It is a 2 year course, right?. You can decide after 1-1/2 yrs if you want her to move to F1.


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    09-27 10:56 AM
    You have to file PERM again also I140

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  • Gator
    04-30 11:24 AM
    Thanks shar533 for the response. I want to travel by road though and I do have a valid visa.

    I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.

    My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?



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  • nousername
    10-09 04:01 PM
    Thanks everyone for sharing your experience.. After reading your post I was much relaxed to use AP at SFO to reenter.

    I just returned and immigration check went very smoothly. It took 30 mnts to get to the first IO (as couple of flights landed at the same time) . He asked me to go for the secondary inspection and I was out within 20 mnts tops. No questions asked, just asked to sit. My IO was normal but there was another female IO who was acting stuck up with others.

    A very smooth experience..! wife , Son and I came back on last Sunday on AP. No issues whatsoever. Had to go through secondary inspection but was through in 35-40 mins.

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  • manderson
    04-30 12:11 PM
    According to the WSJ Article today (4/30/07):
    Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress

    I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?

    I am really freaked out. Can someone please shed some light on this.

    (I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)


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  • reddymjm
    02-18 08:01 AM
    I filed back in June, 07. I got second FP notice for my wife. Nothing for me so far and I am primary applicant.

    Same for me. I even opened a SR. Got a reply saying FP on file. No need for another one.

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  • sunshine2007
    08-27 04:55 PM
    this is a EB3 case and i'm the primary applicant not my spouse


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  • champu
    03-04 06:00 PM
    congrats ..u got it after 15 years ....Now start waiting for citizenship for another 5 yrs and your half life would be over..

    My HR told me some of the 2003-India-EB3 got RFE. Looks like we are getting there. Thanks

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  • anjs
    11-15 02:00 PM
    Any one in Knoxville.


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  • calgirl
    09-16 01:24 PM
    NC initiates a litte after 485 is filed..
    Fingerprinting hs nothing to do with NC.

    MY FP was done in June 2008.
    485 filed July 2007.
    NC initiated Sept 2007.

    I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?

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  • waitin_toolong
    09-17 10:52 AM
    I dont understand your first question, what do yo mean be switch to company A using EAD as well as on H1 for B.

    you cannot use both H1 or EAD at the same time.

    If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
    As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work

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  • sanju_dba
    12-21 12:36 PM

    In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?

    My understanding is you can setup business even with your H1 status, and has no dependency on 485.

    03-12 08:49 PM
    Doing MBA is useless ... unless you do it from a top 20 school

    04-04 08:56 PM
    I am kinda wishing it were down... it is too depressing to see those days never move. :(

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