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  • GC Struggle
    03-10 11:02 AM
    Don’t worry… there is an option to contest the decision.. you could use an MTR.. Hope the below info helps

    ALL Gurus,

    My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.

    Issue Details:
    1) Applied GC EB2-RIR on JAN 2005
    2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
    3) Received EAD and AP for both myself and my Wife.
    2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
    3) Responded to RFE with mentioned documents on Jan 30th 2008
    4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
    5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
    6) My wife is on H1b Visa.

    Questions based on my Issue:
    1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If so please advice on how to retain my status.

    Apply for an MTR as soon as you receive your denial notice. You get abt 30 days to file for an MTR.. and based on the MTR receipt notice you can get your extension
    2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
    3) Can I apply for a new Labor (PERM)? If YES:
    1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
    2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?

    First of all apply for an MTR and based on the reason for denial decide the future course of action (if you the reason for denial is education.. then you might face the same problem with the new employee)

    4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?

    Use a good attorney... Using a company might hamper your MTR process as these guys hide a lot of factual information. Yes there is a possibility for requesting to change the category of the case

    5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?

    No idea on this..

    I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.

    Apply for an MTR and at the same time apply for a new LC because an MTR can take anywhere between 3 – 18 months

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  • roseball
    11-19 12:45 PM
    i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.

    here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?

    should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .

    This shouldnt be a problem as H1 is a dual intent visa.....Its not like F1 or Visitors Visa where you have to show intent to return home......You should be fine.....

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  • sixburgh
    06-28 06:03 PM
    Hi - I was in a similar situation as you:
    In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.

    In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.

    No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.

    Thanks for your reply. It helps understand the process.

    The concept of dual intent ( exists, it just gets confusing, that is all.

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  • KKtexas
    05-05 11:32 AM
    You have successfully signed up for a subscription to Donation to Support Immigration Voice (User: KKtexas) using PayPal.

    Your first subscription payment, for $25.00 USD, has already been sent to Immigration Voice.

    Subscription Details

    Date of sign up: May 5, 2009
    Subscription Name: Donation to Support Immigration Voice (User: KKtexas)
    Subscription Number: S-4M2502670S455100D

    Subscription Terms:
    $25.00 USD for one month


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  • Plant cells have a CENTRAL

  • sury
    10-28 10:30 PM
    We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.

    Can anyone let me know what documents are required to show up at SSN office while applying SSN.


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  • andycool
    08-28 06:49 AM
    Any one get refund from USCIS ??
    I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.

    any one sent letter for refund before ? do we have any form for refund ?
    How this will work out ?

    I dont think USCIS will issue refund ....


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  • franklin
    02-09 10:48 AM
    In light of recent efforts to find out how each and every one of us can help our cause, I'm starting this thread to find specific things we can do to help.

    Place trust in your core team. They are working on things that we can not know about.

    But what can we do? Other than just contributing? Each of us needs to take inititive in our own way. If 2 members in NJ can distribute flyers for a few hours - can't EVERYONE active here do something with a similar impact?

    * Remain positive and focused.
    Focus your efforts on contacting someone in the media, a friend, a fellow green card chaser. For every post that you make on this forum, write and email to send to someone. If you make a negative post about how things are hopeless, you write 2 emails to spread the word.

    Pick someone on these lists, and send an email. Pappu has another post somewhere with a huge list of media outlet emails. I can't find it right now for the life of me

    * Thinking outside the box
    Been frustrated by main media coverage of our issues? Want to scream when Lou Dobbs comes on? Have you thought of different mediums that could work in a different way? Distribute those flyers at a local commute stop, write to, or one of the NPR stations.

    * Response
    Every time someone posts a new article on this board, make the effort to respond to the reporter involved in the article. Even with 200 active members, if ever reporter gets even 100 emails all about the same issue soon after their article is released.

    The general public don't know about our problem, we all know that polititcans are notoriously out of touch. Let's leave the sensitive influence to the core team, and we can help tackle the general public. When public opinion is loud enough, I can guarantee that people will start to listen.

    You know what blew away the politians in the last presidential election? The power of small, grassroots organizations - using the web to spread the word.

    Lets pull together on this.

    I'm EB3 - ROW

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  • cnachu2
    09-16 02:52 PM


    I am also planning to travel on AP to India. I changed my employer, but didn't file AC21. AP's are still from the time when i was working for my old employer who sponsored me. Will it be any issue, if i travel with these AP's. What type of letter do i need to take from present employer durimg my travel. Please advise...


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  • snathan
    05-29 09:17 PM
    Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

    USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

    This is not a legal advise. Please get in touch with a immigration attorney.

    I dont think is correct and its misleading. I dont think one company's H1 approval will override other H1B.

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  • prout02
    11-20 10:49 AM
    Seems like a good idea to me...even if it favors people with atleast gives you an avenue to present your case to some Computer which then assigns the case to a human. Wow...what progress, TSC!!! Why can't your computer pick it up in the first place? What kind of system you have that can't prioritize work based on FIFO? Now we see a way out of this hell-hole. Hope NSC does the same too!!

    An afterthought: Could we write to Ombudsman for NSC adapting similar email routine?


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  • indyanguy
    01-14 11:07 AM
    This is the format of the letter I had submitted initially. Can someone tell me what is wrong in this?

    To Whom It May Concern

    I am writing this letter to confirm that XX was employed full time
    (40 hours/week) with XX, located at XX from XX through XX as a Programmer/Analyst.

    His job duties included developing web based software systems. In this
    position, Mr. XX used the following technologies: ASP.NET/C#,
    SQL/SQL Server, HTML, XML, JavaScript, CSS and Web Services.

    If you have any questions, please do not hesitate to contact me.



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  • joeshmoe
    09-04 12:44 PM
    Congratulations on your GC approval. Enjoy the freedom.

    Your approval gives us hope in a way that USCIS is approving I-485 cases even though the PD is not current. Am I right?

    You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...


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  • deecha
    02-26 02:28 PM
    Follow your own advice. You are incorrect here.

    Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.

    Rules are different if I-485 application is filed based on marriage to US citizen.

    Not a legal advice.

    Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

    On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.

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  • vin13
    12-02 10:21 AM
    Can we apply Emergency Ap for official visit ?

    Probably not. Emergencies are typically for medical reasons or death in family. Most officail visits do not fall under emergency. Most of the decision is made case by case basis. It is upto you to prove the emergency nature and convince the IO.


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  • ksrk
    06-15 07:17 PM
    So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.

    Does anyone has more info to better understand what these dates imply ?

    While there is some debate reg. what these dates refer to, the USCIS, on this page, clearly states that these are receipt dates (RD) on your receipt notice (for I-485 or whichever document you are checking processing times for).
    [The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center.]

    Based on your EB-category and country of chargeability, if your PD is current AND your RD is earlier than the one indicated in this "Processing Times" page, then you should already have your GC - if you don't you MUST contact NSC.

    Since both you and I belong EB-2 and our PD's are past Jan 01, 2000 (per the June visa bulletin), there is no visa number to give either of us, even if our RD for I-485 is before Aug. 17, 2007.
    The (current) problem isn't USCIS's processing pace - it is lack of sufficient visa numbers.

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  • newlife2
    09-19 10:18 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.

    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.


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  • GC_ASP
    07-20 08:25 AM
    You don't need any support from your ex-employer for your wife's 485. But you need your 485 receipt for this along with the affidavit and marriage certificate.

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  • sandiboy
    08-28 06:10 PM
    FP Completed today for self/spouse. LUD on 485 applications.

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  • GCcomesoon
    03-14 01:20 PM

    Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.

    Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.


    10-04 01:06 AM
    but the thing is.. i dont have another strip of rentangle on either side... according to the tutes.. im suppose to have one

    06-04 06:02 PM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."

    what should i do if at the time of actual AOS ( The day they adjudicate my case ) I am working for another company since the actual sponsoring company is closed down ?

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