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  • panky72
    06-20 03:01 PM
    Now I have a question?

    My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.

    I am also planning to do that. I think we can do that but I will clarify with my attorney next week.





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  • sys_manus
    01-28 09:52 AM
    Congratulations...





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  • shrayus
    07-13 08:09 PM
    :)





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  • H1Girl
    08-31 12:23 PM
    Hi H1Girl,
    Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.

    Sorry kriskris...I misunderstood. I take my words back. Yes, we need Employer help for signing the forms etc since only Employer can file new H1 or H1 extension. Avoid Attroney help just for signing G-28 form. Instead contribute some of that savings to IV if you like.



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  • sandy_anand
    10-22 12:45 PM
    Admin, thanks for the encouraging words. Keeping our fingers crossed...





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  • logiclife
    06-20 02:26 PM
    :( :( unfortunatelly I don't have 140 copy. :( It seems I can't do anything in this case.

    I think you can file an FOIA (freedom of information act) form to get copy of your 140 approval from USCIS. The only problem is that it will take some time to do that.

    However, do it in any case. You will need that 140 approval later on, even for filing H1 transfer after your intial 6 years are gone.

    Guys and gals: Please use all tactics possible and all negotiating powers possible to get copies of approvals from your employers for your file. Whether its 140 or H1, you should have copies of them. The copies are not employer's properties. The petitions are. A photocopy is a piece of paper that says something. If you have photocopy, doesnt mean you own that H1 or 140. Dont fall for this bullshit that "H1 and 140 are properties of the employer so we cant give it to you". BULLSHIT. If someone has a photocopy of the title of my car, does it mean that he owns that car?? NO. I still own it. Anyone can have a photocopy of it. In fact, DMV does have a copy of it. HAVING XEROX COPIES DONT IMPLY TRANSFER OF OWNERSHIP OR OWNERSHIP OF PETITIONS.

    PLEASE FIGHT THIS BULLSHIT AND TRY TO GET OUT OF THE MESS.

    There is a provision in CIR that's pending that makes it mandatory for employers to share all immigration paperwork photocopies with employees. That proves that ITS COMMON SENSE that it should be done if its not already done by some crooked employers.



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  • qualified_trash
    09-01 11:29 AM
    did not know there was an IV core group fan club :-)





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  • sravankind
    01-11 03:35 PM
    Clearly Explaining

    I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status

    what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues

    I stayed with them only one month and one more month

    when can I Use AC21 for safe side



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  • Fightwithfate
    03-15 04:05 PM
    Online case status can be confusing and sometimes incorrect. Your employer has paid for premium processing, which entitles them to contact USCIS through dedicated premium processing channels. They respond very quickly on these channels. Urge your employer to contact them, if there are any doubts about the status.

    Hi,

    Thank you for your reply.My employer contacted VSC.They told him that there was an error in the system sometime back but what ever the status is showing in online is the current status and if they require anything they will contact him.
    getting confused again.





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  • gondalguru
    07-26 06:38 PM
    Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.

    And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.

    Probably you will get RFE and not rejection.



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  • indianabacklog
    12-04 03:40 PM
    I fail to see why these cases you are referring to are any worse off than many others.

    I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.

    I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.

    We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.





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  • glus
    12-29 09:54 AM
    I believe change of status pending works the same way as extension applications when pending - one can continue to stay in the country post I-94 expiration as long as the change of status application has been filed prior to I-94 expiration - so the time spent after I-94 expiration does not count as out of status. Now if the change of status application is denied and the decision comes after I-94 has expired - I believe you have 30 days to leave the country - USCIS would send a notice stating the same as well and in that case one should leave the country as early as possible - within 30 days of such intimation.

    I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.

    Yes, this is correct.



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  • girishvar
    08-15 12:09 PM
    You have to use I-824 if you change the consulate, if it is a consular case. If your I-94 is extended within america, there is no need. However because of PIMS, it is better to initiate a I-824 and get confirmation before proceeding for stamping. It is better to check your lawyer to get the right legal advise.





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  • vxb2004
    09-17 08:12 PM
    If you call, make sure you talk to a level 2 representative.



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  • sunny1000
    03-26 03:13 PM
    I agree with PCS. We should keep this as a volunteer organisation and send email newsletter,word of the mouth etc, for fundraising. I am not sure if we should impose a membership fee as this is a volunteer org and also people who want to donate money would do it anyways. Just my thought:D





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  • ashkam
    08-08 08:39 PM
    If you look at the forms page on the USCIS website, it says previous editions of the I-485 form accepted.



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  • skarthy
    08-12 05:47 PM
    They sent an biometric appointment on 8/10. Not sure if it was becasue I called them or the address change.
    also it went to the old address. wonder why ? I have to call them and confirm again.

    Also got an email from CRIS saying "additional info needed" not sure if they mean the biometrics or they need something else.

    anyways, just wanted to let you know that its taking time but its comming. saw a lot of people inmy same boat.





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  • sripk
    07-18 08:52 PM
    Below is a draft statement i prepared and appreciate if you can review it and suggest any changes reqd if this is not convincing.

    I travelled to Tijuana, Mexico from San Diego. I entered the US Port of Entry at San Ysidro. My previous I-94 white entry card had been taken and I requested a new I-94 but since I already had a valid I-94 on my H-1B approval notice, the office would not issue a new I-94 white entry card.
    I have a copy of my previous I-94 entry card from <prev_entry_date>


    Few questions that may arise based on above statement:
    1. Why was your I94 from H1B notice still with you and not submiited at POE when you left the country?
    -Since i travelled by land the US POE is in Tijuana and so i submitted my expired I94 to them and also the valid I94 from H1B notice and asked for new white I94 card. Unfortunately the officer just stapled the valid H1B I94 to passport and told i am good to go. There is no stamp on it either and hence i am concerned.

    Any other possible questions you can think of that needs to be addressed in my statement?





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  • drona
    07-09 08:43 PM
    Wish I could go but I am in California. I hope DC members respond to this. Is it too late to suggest that IV Core members use some of the funds to go to this event. It will be worth it. We could start contributing to this right away. Just a thought.





    bluekayal
    09-19 02:17 PM
    I am in a tricky situation. Filed concurrent I-140 and I-485 (Schedule A Group 2..exceptional ability in the arts and science) ... 8/2006.
    In the meanwhile a labor cert as well- PD 8/ 2004 was approved in 2006 and I recieved an updated I-140 using the old priority date, ie. 2004. Now after 2 years the TSC is adamant that my PD is 2006 not 2004 and have given me yet another "corrected" I-140 with 2006 PD.

    One lawyer said I could cite "affirmative misconduct" and request the supervisor of the I-140 section to consider and accept the late filing on the basis of affirmative misconduct. If not for the earlier I-140 with 2004 PD we would have filed another I-140. So their affirmative mistake cost us 2 years in a category so backlogged already. (I am EB 2 India).


    My lawyer says we will not win and does not want to do it. Any advice?





    amitjoey
    07-11 11:59 AM
    I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.

    The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.

    We should all write personal letters highlighting what happened and send it to out to congressmen/women. 2 Senators from your state and your house rep.
    That will make a huge difference, recently an IV member sent a letter and s/he has already gotten a call from the office, with a promise to look into it.
    I called my senator's local office, and they asked me to send a letter, the senator would send an inquiry to USCIS.
    Again, LETTER. no email, faxes. The staff clearly told me "Send a letter", and the senator will respond to it. Senator goes thru every postage paid letter.



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