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  • Print out this diagram



  • northstar1
    07-26 03:57 PM
    My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.

    I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?


    From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.

    This is MY understanding. Not sure if it is totally accurate.





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  • nish2006
    04-27 08:52 AM
    Dear All,

    I had earlier submitted my paperwork for I-140 and I-485 concurrently via my lawyers during August 2007. On April 16th this year, I received email notification from USCIS that my I-140 had been denied, and that a letter describing this (with the reasons for denial and options available) was in the mail. That letter has yet to be received (it was probably mailed to the lawyers directly), but in the meantime, I would greatly appreciate your advice on this subject and a response to the following points, so I may plan the necessary action to defend my position:

    a) I fully intend to appeal, but have been told that the success rate of such appeals is very low, in the 5-10% range. Would this be accurate?
    b) Regrettably, my H1-B expired on January 24th, 2009. I should never have take the advice I did, but as a result, I now only hold an EAD and AP document, with EAD valid until Oct 2010 and the AP valid until Oct 2009.
    c) Since my H1-B has expired, would denial of my I-140 automatically cancel my I-485 application? In such an event, am I allowed to stay in the country for the duration of my EAD and/or AP, and work for the same employer?
    d) If I am not allowed to stay using my EAD/AP, would it help to re-apply for a new H1-B under premium processing? If necessary, I can even apply under a different company from my present employer (a wholly-owned subsidiary, also based in the US).
    e) Another issue that may complicate this is the fact that I have already travelled once this year using my AP (after the H1-B expired), and this has been stamped on entry. Would this pose a problem with any new H1-B application?

    I would really appreciate your taking the trouble to respond to the above queries, together with any advice you might have for someone in my position. Many thanks for your help.

    Best Regards





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  • Earned_GC
    02-10 09:19 AM
    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.





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  • prem_goel
    07-22 03:56 PM
    IMHO the proper response would have been that dude...this is technically illegal..and may cause problems...but personally i know a few people who've made through but YMMV.

    It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
    So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
    Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?



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  • Size of this preview: 685



  • zico123
    05-17 02:00 PM
    Deal reached after weeks of closed-door bipartisan negotiations
    "Point system" established to consider education, skill-level in green card process
    Illegal immigrants could get "Z visa" after paying $5,000 fine, returning home
    Citizenship to be considered after border improvements, ID initiative complete

    THE PROPOSAL
    ILLEGALS:
    � Those who arrived before January 1, 2007, will be given immediate work authorization, granted a "Z" visa and put on path to permanent residence.
    � Head of household must return to home country within 8 years. They will be guaranteed back in.
    � Penalty: $5000, staggered

    ENFORCEMENT:
    � Double border patrol, new security perimeter, border fence.

    GUEST/TEMP WORKERS:
    � Guest worker program cannot begin until enforcement provision is in place.
    � 400,000 temp workers per year enter on two-year visas, must return home for a year then re-enter for additional two years. They may come three times.
    � Earn points toward merit-based green card.
    � May bring families on 30-day visitor visas each year.

    Source: Sen. Edward Kennedy's office





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  • nrk
    04-09 05:53 PM
    congrats



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  • newbie2020
    10-05 11:40 AM
    Yes if someone followed closely on EB3Chinese website you would notice they filed a class action suit and still going back n forth with USCIS on that. I would certainly appreciate the Transparency of EB3Chinese on money being spent on lawsuit as well as taking lead on filing a lawsuit.

    If they win the lawsuit you can expect 100s more from chinese/indians/ROW etc

    Transparency brings more clarity and more donors ofcourse as the donors know where their money is being spent.





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  • JupiterTransit
    08-27 06:32 PM
    A friend of mine filed a few days before me and got his EAD a few days ago..from TSC.Hoping the July 2nd rush would not affect me by more than a few weeks.My lawyer is not able to confirm if the checks were cashed. I cannot tell if the checks were cashed either as these were checks from my company.

    The lawyer however mentioned that my premium processing check may return (I-140) and my application may have gone in regular queue. Everything is speculation for now..Any one else in the same boat or can throw more light...



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  • lack hole diagram. The lack hole has a mass



  • InTheMoment
    04-03 03:15 AM
    Getting help thro' your congressman/woman (House rep. or senator) is the best way forward for you.

    Each USCIS service center has a dedicated cell handling congressional inquiries on cases. Since your case is well beyond processing times and clearly out of bounds, they do escalate matters thro' the congressional cell at NSC/TSC.

    Doing this should be your first order of business.





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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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  • This diagram shows the motions



  • jonty_11
    02-06 05:57 PM
    Good advice vamsi_poondla. Changing job is always a problem in I-485 stage. Making this more flexible is one of the administrative fixes IV is proposing in the letter to the President. One more reason for everyone to mail that letter, if not mailed already.
    correct please get to the core problem rather than duscussing the cursory nature of AOS status. We need to get a resolution to our problems. Please post the letters...!!





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  • sodh
    01-22 07:25 PM
    I wish IV core members the best in whatever they do, any tiny relief will be a huge acheivement and that is what the IV core members are fightining for against all odds to get us some relief so please do not let them down.



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  • aj_jadeja
    04-20 12:12 AM
    Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.

    I have an AP (through my wife company GC petition), worst case I will use it.

    Well now days US consulate have started 'returning worker quota' for every weekday appointment. I used that procedure in Dec 2005. My return date was 2nd Dec 2005 and i went to Visa appointment office on 23rd nov and they gave me appointment for 30th Nov .

    I also came to know that mumbai consulate takes some candidates (emergency case) without any confirmed appointment from 9:30 to 10:00 am.

    Hope this helps.

    Aj





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  • pointlesswait
    03-31 11:30 PM
    Dude,

    I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
    So basically the IO officer was doing his thing and requesting all the basic documentation.

    best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.

    In this economy everyone has got hit pretty hard..so just hope for the best.



    Thanks a lot for your comments. They are really helpful.

    In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?

    Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.

    Do you know the "standard" wording for USCIS decision in cases like mine?

    Thanks a lot again, I really appreciate your comments.



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  • In this diagram, the observer



  • GCaspirations
    10-04 03:46 PM
    Hey Fellow IVers who had filed application at NSC and it was transferred to CSC and back to NSC pls. take the poll and keep updating your statistics!

    As this poll is specifically for the cases transferred from NSC -- CSC --- NSC, can you add more options, like the receipt notices generated between Aug 25 to Sept 10, Sept 11 to Sept 25 and Sept 25 to current.
    There would be lot of people in these three categories.
    Very much intrested in knowing status of all the cases that have transferred from NSC to CSC and back to NSC.





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  • Outkastpb231
    10-29 06:04 PM
    I'm sorry guys, my skills are not that of a professional, hence the title "Freelance Photoshopper" but I can do a whole website (Not really really really fancy), code, and flash animations.



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  • gc_check
    02-04 12:16 PM
    Yes, I did get 10 yr multiple entry visa for my mom. Sponsored my mom for visa in late 08, Dad no more, and was very worried since she is a widow and couple friends mom's visa was denied with similar circumstance. I'm on AOS, also used AC21. Did included all the documents, including copy of EAD, 485 RN and EVL from current employer. My mom works for central govt, in addition to docs I submitted she also took a NOC from her office and also a leave approval showing 3 months leave and copy of document showing property (only home) ownership in India. But nothing was asked/reviewed except a couple question about the sponsor(me) like work, duration of stay in US, last time in India, etc and was issued a visa. Ensure the paper work is done correctly and placed in order. The better the paper work, fewer the questions. Good luck.





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  • jnagendra
    10-05 06:23 AM
    I am planning to go to India with my family in december. Please suggest some tourist spots across India.
    Not the usual ones like tajmahal or gateway of india etc. Thank you.

    Warngal hanumakonda siricilla bellampalli ramagundam they are not like usual tourist places or New Rajiv gandhi rahadari, rajiv Airport rajiv bus stand etc....





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  • krishna_brc
    02-18 12:46 PM
    My Indian employer offered me to continue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..

    If you get salary in INR which is credited to your Indian Bank A/c
    then you should be fine.

    If you get salary in USD credited to US Bank A/C then its ILLEGAL.

    Thanks,
    Krishna





    texanguy
    10-02 09:30 AM
    Sorry I didnt see the thread. Still dont actually. Where is it? Thanks.

    http://immigrationvoice.org/forum/showthread.php?t=21782





    arkrish68
    04-09 02:55 PM
    Hi

    Does any know how much time it takes to get the AP by mail when it is mailed on 04/03/2009 as per online status.

    Thanks



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