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Tuesday, June 14, 2011

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  • thatwillbeit
    06-05 10:50 PM
    Gurus,

    When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.

    Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.

    Or is it OK to send the photographs and mention the Alien A# .

    Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.

    Your help is much appreciated.





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  • Googler
    02-08 02:40 PM
    All,

    I did not contact the Ombudsmans Office or Aytes or AILA or DOS in order to discuss my personal case. It was just a part of my now years long efforts to bring attention to certain issues -- I've been speaking with staff at the Ombudsmans office for several years now, some issues and recommendations that have appeared in his report over the years were the result of these conversations.





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  • iv4gc
    07-29 02:15 PM
    permfiling,

    A lot folks want to use AC21 but lawyers suggest not actually filing AC21.

    So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?

    I believe this is the tack Company B lawyer is suggesting.

    Here's something I read on another lawyers website w.r.t. AC21:
    1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
    2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.


    Thanks,





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  • eImmigJr
    10-23 07:37 PM
    Mine is a similiar case, would like to add more info to this post.

    LCA certified as computer programmer in EB3. PD 2004.
    Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.

    I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).

    Questions that I am not clear about is.
    1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?

    My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.

    Gurus, please advice if this approach is correct.

    Thanks in advance.



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  • gcwait2007
    10-21 10:29 AM
    Great Work Ashkam. Please accept my appreciations.

    Do you have any similar 'SOP' for I-140? I googled and could not find one.

    If you have one for I-140, can you pls post the same?

    Thanks in advance.





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  • yabadaba
    07-09 04:31 PM
    sledgeehammer...this is eb2 india poll. retrogression happened in october 2005 for eb2 india... how will someone with a 2006 priority date file their 485?

    gcchahiye has
    clearly said do not include the july filing as a factor in this poll.. he used the macaca color scheme also



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  • raysaikat
    07-17 01:07 AM
    Thank you for your reply. Yes, I have signed all the forms and included all the documents. Wrote a cover letter listing all the documents in the packet(like Affidavits, W2's, Passport copy etc.), but in a hurry forgot to sign the cover letter.
    Does not matter.





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  • victory123
    05-15 01:17 PM
    Hi Saigc,

    Same thing, my 485 is pending at TSC, and I used AC21 in Feb 08, saw few LUDS after that and since then no movement on 485, for 140 I haven't called USCIS, these days they are sending rfe's for no reason and hence I am keeping quiet, also for 140 there is nothing we could much, i spoke to my lawyer and he also said the same, only your old employer can talk to them, if we call uscis they won't tell you anything as we are not the employer, so keeping my fingers crossed and praying that its only a file cleanup, may be in Oct when dates are available they may send you , me and all others waiting desparately a GC, small ray of hope..god bless us all..if anything changes I'll keep you posted on my side..
    Cheers



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  • redelite
    08-20 03:11 PM
    Allllllllllrighty... here's my attempt at the O RLY owl..

    http://www.kirupa.com/forum/attachment.php?attachmentid=47605&stc=1&d=1219259362

    Edit: Man, a second look at it and I think it might be too light...





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  • sunny1000
    01-15 01:14 AM
    Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....

    ----
    Hi Folks

    I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...

    In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??

    In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).

    Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?

    It is entirely up to you. People apply for EAD while on H1B just in case there are any complications with the H1B and/or they want to switch jobs.

    If you think that your GC will be approved soon, you don't have to. But, if you have applied after Aug 1, 2007, you have already paid for a FREE EAD card with the I-485 application. All you have to do is to send in the I765 (EAD application).

    This EAD (along with Advanced Parole) gives you an option to switch status to "adjustment of status" and move to another compamy under AC21 rules after 6 months of your I-485 filing (with an approved I140), if you wish. I am not sure if it is OK to use AC21 rules to move to another company using L1A (H1B is pretty straight forward).



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  • angelfire76
    06-09 01:53 PM
    The attorney is right and no where has she specifically stated it as an "Indian only" issue. It just happens that lot of consultancies are owned by Indians and they could be her clients.
    But she has at least brought visibility to the sudden enforcement tactics of the USCIS, which can only be termed as seeing everyone as a criminal, just because you found one or two in a bunch. In fact hearing about a lot of H1 extensions denied (even with approved 140) or given only for a very limited period of time, extensive RFEs etc. all I can say is that if they are unable to legislatively "purge" foreign workers due to business lobby, they sure are trying to do so administratively.





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  • sam_hoosier
    01-02 03:25 PM
    I have got extension on my H1 after completing 6 years.
    My wife has been on H4 till now.
    Is she eligible to get a new H1?

    Yes, as per the new guidelines time spent on H4 does not count towards H1.



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  • forgerator
    03-22 01:17 PM
    very sad. I hope they take swift action against the culprit and put her in jail.





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  • reverendflash
    10-21 04:31 AM
    :sleep:

    Rev:elderly:



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  • cygent
    07-01 04:45 PM
    20K ...is that what it cost you so far ??? that is way too expensive.. I agree how can a poor laborer afford such fees ?

    I am single & have invested $14k towards GC (old labor RIR itself $6,900/140/485/ead/ap/premium fees) & still counting (coming up $1000 for H1 extension, $700 ead/ap renewal). And to think initially my Attorney quoted $7,500 :mad: for the entire process, then manipulated to the current fees.
    If I had known all this b4hand, would have just found someone to marry years ago. Now I cannot afford a decent apartment/stable address with all these hurdles. :mad:





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  • kirupa
    08-18 11:48 PM
    If you are lazy (like I am right now), you could just create an owl smiley and have the tag name by "O' RLY"! That way you won't have to fret about getting the owl's expression just right in the tiny < 20 pixel per side area!



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  • xbohdpukc
    03-26 04:18 PM
    I am not sure how these questions will help? Maybe it will proove that we are high skilled and highly paid members who cannot even contribute $20!!

    Everyone's got his/her own circumstances which are so beyond how much you are making. Just a matter of personal priorities which for me, for instance, were to pay my lawyers bills until the moment my employer stepped in and picked up the tab :) The point is if someone's making 100K/annum and says that he can't spare $20 for IV needs -- he/she got different priorities which are not necessarily wrong.





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  • Soul
    04-28 05:50 AM
    I vote ironkart, because hes cute and shiny! :beam:

    - Soul :s:





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  • bang
    02-10 04:50 PM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

    There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.

    Please consult with a good Lawyer and confirm the same





    smarth
    06-02 07:56 PM
    Filed in NSC and date is August 17th 2007.
    EB3 - April 2004 Priority date





    $eeGrEeN
    08-02 01:48 PM
    Can I inquire from USPS just the status of the money order and not accept any refunds.

    i don't think so. This is what i was told though.

    Better talk to a postal agent at your local post office.



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