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  • morchu
    08-01 12:09 AM
    There is nothing complicated here.

    Put your wifes status as of the 485 filing date. Means if you are filing in July/August this will be H4.

    You can travel in H4. Also no problem in changing status to H1 after october 1st. (She have an H1 approval doesnt mean she is NOW in H1 status. Her change of status is approved from Oct 1st). Please remember that if she doesnt start working in H1 on October 1st, technically, she will Neither be in H1 / H4 status on October 1st. Means she might fall under "adjustee" status.

    Assuming that your wife starts in H1 status from Oct 1st, there is no problem in travelling in H1. (she might need to get an H1 visa stamp though).

    The other option is she can fall under adjustee status and travel in AP, work in EAD.

    Also after 485 approval H4 status doesnt get "illegal" it just gets adjusted.
    (Well...... nobody can have two statuses at the same time anyway).


    Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.




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  • ruchigup
    08-22 03:22 PM
    As stated earlier go for your own lawyer.


    New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.

    I am kind of reluctant to have Fragomen as my attorney representation
    __________________
    Can I have some recommendations for good attorney?




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  • DallasBlue
    07-18 09:24 PM
    Can I expect Conference call this Sunday (07/21) ? Please provide me the Phone number / Any password-Pin/ ANd time for the conference call.
    yes. 7/22 @ 11am cst

    Dial-In #: 1-218-486-1300
    Bridge:




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  • reachinus
    10-31 10:20 AM
    They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.

    Hope this helps.

    your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.

    .......
    They issue I-94 based based only on the expiry of the visa stamp.



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  • GCwaitforever
    04-15 01:05 PM
    You are not loosing anything. Continue on H-1B with current salary as long as it satisfies LCA made for H-1B petition.

    You do not have to say anything to DOL. Your LC might be approved after the audit process. Then comes I-140, where the ability to pay comes into question. This could be difficult to get approved based on the situation you described.

    If you have more time on H-1B, try to switch to different employer and restart the Greencard process.




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  • ch_murthy
    06-08 06:20 PM
    Hi
    I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.

    Thanks

    Mine filed on March 6th and got approved on May 25th.:)



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  • needhelp!
    06-16 01:23 PM
    Thank you rsdang..

    No reason to be shy IVians. The person at the other end of the line is human just like you and it is a part of their job to take our messages and convey them to the representatives.


    Folks please call � Lobbying/Calling people is the way things get done in US� Get over your shyness. Just Do it.

    I was shy at first and was uncomfortable calling � after the first 2-3 calls I was calling like a pro� its takes half an hour at most�

    Please Please Please pick up that phone and call�




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  • iptel
    04-18 12:48 PM
    Guys:

    Before we get all excited and start signing petitions, please check to confirm whether you are legally safe by doing so. For more information please see this link from Murthy website http://www.murthy.com/news/n_parele.html

    I write this because the petition is sponsored by a campaign manager for Kennedy. Please be very careful in signing such petitions. I would recommend discussing any such petition on this forum and getting input from the IV folks or from your lawyers before signing any petition that supports an individual or any particular political party.
    Thanks bkarnik



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  • maddipati1
    04-08 06:26 PM
    i rub ur wrong side, u rub my wrong side...




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  • gc_chahiye
    12-10 11:35 AM
    Hi All,

    Just posting my experience of traveling on AP as a reference for others:

    I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.

    In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.

    The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.

    Simple process, no hassles.

    Enjoy!

    thanks for sharing the experience. One more question: which port-of-entry was this at? Interesting that it all completed at the main counter, many people ended up in secondary inspection when they used the AP.



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  • gc_dream07
    06-10 12:53 PM
    I support this move. If it takes 10 years to get the GC after filing I-485, then we should get 10-year EAD/AP. Why should we pay every year throusands of dollar.




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  • parimmigv
    08-10 03:23 PM
    I searched for $20 but the link is no where found.



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  • sandy_anand
    11-06 04:38 PM
    I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.

    This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.

    In Response to Your Message‏
    From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
    Sent: Fri 11/06/09 1:00 PM
    To:
    1 attachment
    0A953776.gif (2.8 KB)

    Dear Mr. Mundada:

    Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.

    Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.

    This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.


    Sincerely,


    FRL: mts

    Thanks for posting this information! Gave you green!:D




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  • PDDec05
    06-29 10:08 PM
    Seahawks,

    Your lawyer is correct in saying that the USCIS will most likely not fix the problem by just writing to them.

    I have been through this stupidity with the I-140 petition. While the case was pending, we found out that there was an error in the application form. We notified the USCIS but they still sent the approval notice with the first and last names interchanged. We wrote again, but they responded saying that it was not a USCIS error, the name of the beneficiary on the approval notice appears exactly as it is on the application form (and what about the supporting documents, you wonder!). So, they asked us to file an amended application.

    We filed the I-140 again, with all the supporting documents, all the fees, etc. and got it approved.

    The USCIS will not fix an error, that you have made, on their dime. Simply writing letters is not going to work - they probably want you to file an "Amended Petition". This is what should have been done in my case when we found the mistake; but we just kept writing letters.

    You should call the USCIS and ask to speak to an expert who can tell you exactly what needs to be done. Also, when the USCIS representative answers the phone, they give you their identification number - take it down for future reference.

    All the best


    nixstorI don't have any input on that, my attorney told me he is busy, he has other applications that flood his office, even if he writes a letter, the wont do anything in USCIS, go for FP and explain to them the situation. He also said I should have looked at it! bummer



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  • nozerd
    12-04 07:32 AM
    Yeah, Id sure be interested in your line of work

    $ 92/hr * 40 hrs/wk * 52 wks/yr = $ 191,360.

    If you have been working since 5 yrs thats enoughh revenue to get investment based GC :)

    Best of luck




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  • bigboy007
    12-10 02:20 PM
    I dont know i can try making it "superset" of what my GC Labor is that way it adds to what they have already its a bigger company btw so hassles in these issues are expected but what is the procedure in intimating USCIS many said no it but where does this Employment verification letter come in to picture.

    Check with the new company whether they can give an Employment verification letter which matches the roles mentioned in ur labor?
    Designation and pay doesnt matter.

    What matters is a permanenet job offer letter and duties should match the
    labor.

    Rajesh Alex



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  • smileyslimey
    11-30 08:59 AM
    Hi,

    My current H1 expires in Nov 2007 and I am working in the oil and gas field. I am also pursuing an MBA which will end in mid-2008. My current employers have started the PERM process and hopefully I will have an approved I-140 by mid 2007, so that I can get renewals at that time.

    The question is that if I want to shift to another industry, say consulting or supply chain management, after my MBA is over, can I get a new H1 from my would-be employers? That is while I am on my current I-140 renewal with an oil and gas job description? I will have exceeded my 6yrs by then, anyway.

    Any advice will be appreciated.
    Thanks.
    Regards.




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  • bsbawa10
    08-21 10:23 AM
    You must ask the badge number and note down the time of each call. Then file a complaint if you are not satisfied with the customer service experience.

    Once we have a proof of hundreds of such written complaints, IV can also follow up. We need people to file 'written' complaints in order to help improve the service.

    I do not have any ID (She spoke that too quickly) but I know the time (8 am cst) and I am prepared to give the written complaint.




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  • MahaBharatGC
    08-15 10:22 AM
    I dont think that the priority dates will become current by next year october for 2003. I really pray for that to happen as we are all going to go through...
    We all know that working as a consultant without GC is very risky when market goes down.
    So, play your cards safe....




    puskeygadha
    05-22 10:15 AM
    Hello -

    if they are to terminate concurrent filing. How long would it take for
    the rule to take place. This includes 2 months comment period and all

    Thanks

    P :)




    sanjose
    07-24 07:04 PM
    I am a july 2nd 2007 filer with notice date Aug 23rd 2007. In response to my SR, I received the following reply:

    "...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."

    Many people have said that the July 2nd filers cases have been pre-adjudicated.
    However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.

    Does anybody know what is meant by pre-adjudication ?
    What is difference between adjudication and pre-adjudication?

    Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.

    "pre-"



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