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  • burnt
    05-28 02:13 PM
    Here is my observation

    1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
    2. You implicitly used AC21 by moving to a new employer and working on an EAD
    3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
    4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.

    The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.

    - cheers
    kris


    Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
    I personally don't know of any such case. And if you don't have such a case, then please do not scare people.





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  • bobzibub
    02-09 01:10 PM
    How many words?
    What specific subject/legislation?
    What is IV's official position on it?

    Cheers,
    -b

    PS: You know that Power = IV right? = )





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  • sledge_hammer
    06-10 05:34 PM
    What if my employer does not respond at all.
    Write him a letter explaining that you need to get paid for the 6 months. Send this letter visa registered mail. If he doesn't respond then file a complaint with DOL.

    What are the chances for the extension? there must be some way.
    Chances - slim!

    How can I buy some more time so that I can find some other way around?
    There is no other way to solve this. You need to have pay stubs to extend your H-1B. Your best option is to find re-enter with an H-1B from another employer. Of course, you need to get a job first.





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  • little_willy
    08-15 11:46 PM
    Sent you a PM. Please check. Thanks.

    Folks,

    Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.

    This is my personal view , please ignore if you feel its not right.



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  • vik123
    01-18 09:02 PM
    check murthy.com forum for the rate of approvals of I-140.





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  • needhelp!
    10-18 05:37 PM
    http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf



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  • imm_check
    11-01 04:27 PM
    Hi All,

    I have a scenario like this...

    My wife and I got the receipt date for I-485 while my daughter did not...even though all of us filed on the same day through same mail package. It is puzzling how one would miss one application and process the others. Please let me know if anyone faced a similar situation.

    The scene has changed a little bit with both of us receiving a FP mail notice recently. I wanted to know what would happen if both of us go ahead with the biometrics while not knowing the status of my daughters application.

    Thanks...





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  • larmani
    10-05 02:41 PM
    I am also in the same situation. But not sure about H1 transfer. I posted all the questions to our lawyer and waiting for reply.



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  • pmpforgc
    03-28 08:46 PM
    Hi

    I am changing my employment and will be going to reside in Memphis, TN

    My employment will be in the Arkansas State !! and My Family will be in GA for some time, I have a Part for the income this year 2009 in GA too!!

    Just to add this year (2008) I have to file state taxes for South Carolina as well as GA!!

    Looks like my tax story will get more interesting in 2009!!

    So what will be my Tax status in Case of TN and AR? Do I will need to file taxes in both state for 2009?

    thanks for your experienced input that will help me to be little proactive in this matter.





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  • gc03
    05-25 07:28 AM
    Faxed!!!



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  • roseball
    05-04 11:11 PM
    Hi All,
    Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
    1. Can we ourselves respond to the RFE and save the $400.00,
    2. If so, What's the process and what documents that we need to send to prove that we are still married.

    Appreciate all of your help in this regard.

    Thanks

    Yes, you can reply to RFE directly. One of my friends recently got a similar RFE and the RFE included the type of documents to submit. The following is the text from the RFE:

    "Submit evidence to demonstrate that your present marriage to XXXX is bonafide. This may be in the form of birth certificates for common children, documentary evidence of joint residence and/or ownership of property, joint income tax returns, joint financial accounts, spousal insurance coverage and other such documentation. If you fail to submit any evience or of you submit insufficient evidence, you application may be considered for denial"

    His lawyer is charging him similar fee so mailed all the above mentioned documents directly with a cover letter and copy of the RFE. Hope this helps.





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  • Pagal
    01-18 06:41 AM
    Hello,

    Consult your lawyer on extensions and right paperwork..

    IMHO, with right paperwork, no need to cancel the travel plans andor to worry about PoE... que sera sera...



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  • nabs501
    07-17 06:07 PM
    If his fiance is in the US, then it's easy. Just do a court marriage; get the marriage certificate and file for I485.

    If his fiance is abroad then he can make a trip; get married and take her back to US and file. Remember, all the applicants need to be present in the US to file AoS.

    If she does not have a visa to come to the US; then just wait...

    I dont think it makes sense to file now; get married and re-file again. It's also risky just to some extent if his application is approved before ge get married.

    Also, just a friendly suggeston:
    Ask him to join IV :)





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  • nixone
    08-27 10:03 AM
    Thanks chantu and fresheb2.

    I have one more question regarding plane tickets. My parents bought ticket that has OPEN RETURN DATE, but the maximum validity of the ticket is SIX months.

    They do not know the exact date when they are going to return and they also do not know how long the stay permit will be given to them (even though I have heard that normally 6-month stay is given). Now some people are saying that the Officer at Port of Entry does not like when there is no specific date of return.

    Do you guys think my parents need to change the ticket or they need to have the return date mentioned on the ticket (the date that we do not know yet)? They are flying in less than 2 days. Thanks.



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  • qasleuth
    04-27 01:08 PM
    Maybe you should combine his/her statement with body language. Did the IO raise the eyebrows, smirk, frown etc and word-smith the statement. Was it 'pre-adjudicated' (past tense) or 'will be pre-adjudicated' (future tense) or something else. 'pre-adjudicated under review', first half is contradicting the second half of the statement. 'Pre-adjudicated' could mean everything is clear and waiting for a visa number. 'Under review' could mean something else...additional review ?

    Kidding apart, Your guess is as good as mine. Do not tie yourself up in knots. It is such a black box, you've been around these forums, nobody knows for sure, anybody can hazard a guess.





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  • chanduv23
    08-14 04:06 PM
    with this tension i m jusst going to end up with piles. then paskal will have to look at my piles :(

    Paskal is busy with schizophrenic members and members with obsessive compulsive disorder and with members who see hallucinations of reciept notices :D:D:D

    Those who sign fedex in USCIS never thought their names willbe discussed on the internet



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  • spicy_guy
    03-28 11:45 PM
    If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).

    Employee must be paid ALL THE TIME on H1. Period.
    That's the law.

    Problem for you is, technically you will be out of status if you are not paid.





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  • j751
    04-22 07:20 PM
    I filed I-140 at NSC on 07/27/2007 LUD - 01/02/2008, but my current case status reads as below

    The I140 IMMIGRANT PETITION FOR ALIEN WORKER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.


    The status doesn't specify the transfered location. Does anyone have a similar case status and know where the case could have been transfered. To me the obvious choice seems like TSC. Please correct me if my assumption is wrong, your input will be appreciated





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  • lalithkx
    08-19 11:54 AM
    Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.

    An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.

    Yes, My I-140 is still pending but both me and my wife got 2 year EAD.

    I think they changed their policy at their convenience.





    optimist578
    01-19 07:30 AM
    I-140 Filing date : Nov 2006
    Category: Eb3
    NSC





    maddipati1
    08-03 07:36 PM
    ask ur attorney what if u wont get EAD approved by Jan'08

    may be ur attorney thinks u will get EAD before Jan'08.
    ask him what if u won't get EAD, with this mad # of EAD filings this month.

    may be he is too busy with 485 filings. ask him if he will file after Aug17th

    im in the same boat except my H1 is until Sep'07. my attorney is preparing to file 3 yr xtn.


    S



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