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  • wandmaker
    10-27 10:30 AM
    My I-485 was denied while I was in process of filing AC21 and G28. I got a mail from CRIS that My I-485 was denied. I want to file MTR but don't know the reason.

    If any you have any experience , then please help. Let me know who gets the I-485 Denial mail ; Both attorney and Client or Just the attorney.

    Thanks
    Rajani

    If you have filed a representation (G28) then it will be your attorney otherwise it will be you - notice should describe the reasons and actions that you can take for the denial.





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  • alisa
    03-05 08:07 AM
    ^^^^





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  • ragz4u
    02-17 11:48 PM
    And the government knows about it. The arrest of Nick Mandalapa who was seeling labors openly on Sulekha and now the introduction of the rule banning labor subs is a step in the right direction.

    I do realize that there will be a ton of substitution happening from now until April 13th, but I am optimistic that the folks approving these would be keeping an eye on this and will most likely reject the application.

    Unfortunately the greedy will still take the risk and make the immigration lawyers wealthier. I am not sure letting Lou know about this would help us in the long run. Knowing him, he'll start portraying it as every H1B holder does this!





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  • santb1975
    01-15 08:57 PM
    Please let me know. Our company uses Fragomen as our Lawfirm and I will be happy to initiate a conversation with them about this after I get back to work next week



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  • FinalGC
    08-27 09:09 AM
    Does this answer have any correlation with the "new job" offer.

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being
    adjudicated under the I-140 portability provisions?
    Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.





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  • diptam
    08-03 11:44 AM
    # Your PD is 10/2005 and EB2 was Current till Apr 2004 when you mailed
    485... It may be rejected if i'm understanding correct .

    You have time till Aug 17th to file 485 again as Per July 2nd Bulletion.

    # Regd you 140 troubles hangon to the APPROVED receipt - That will save
    you in case USCIS has a error.

    The brief info below is our basic background:

    Perm EB2,
    LC Perm PD:10/2005,approved in 11/2005 at Chicago;
    140 RD:01/17/2006, approved on 01/23/2006 at TSC;
    485 was delivered to NSC on June 27, 2007, no receipt yet.

    In order to track if there is a LUD on my I-140 to check when the receipt could be mailed out to me, I checked my I-140 status this morning. From the info above, I expected to see if there is LUD or not. To be super surprised, I found the following info:
    -----------------------------------------------------------------
    Receipt Number: SRC06081XXXXX
    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
    Current Status: Response to request for evidence received, and case processing has resumed
    On March 13, 2006, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You
    should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been
    completed, in which case you can use our processing dates to estimate when this case will be done
    -----------------------------------------------------------------

    What is this message supposed to mean? My I-140 has been approved on 01/17/06. I am still holding the photocopy of the approval letter. Why is it saying my I-140 still processing?

    To prove my I-140 is indeed approved, the message below is the copy I keep when my I-140 was approved on 01/17/06

    -----------------------------------------------------------------
    Receipt Number: SRC06081XXXXX
    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
    Current Status:
    This case has been approved. On January 23, 2006, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.
    -----------------------------------------------------------------

    The same receipt number gives me totally different message. And I am still holding the hardcopy of my I-140 approval letter. Is there anyone know what is the problem? Is this problem going to hurt my I-485 filing?

    In terms of the worst scenario, do I need to reapply I-140? If this is the case, shall I concurrent file I-140 and I-485 before Aug 17th? I am a June filer. I still don't get why I am put into such a big trouble!

    Thanks a billion for answering my weird question!



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  • Onlytruthnobs
    04-03 07:59 PM
    Get two letters;
    1. From your employer stating the start and the end date in the company. He can not refuse to give you this letter.
    2. From a colleague (from the same company or the client) stating your work experience in the company.





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  • number30
    03-02 12:06 PM
    If you leave the country, your pending application is deemed abandon. You have already spent money on the H4 application. You need to decide if u want to stay and wait to know the application status or go home and speed up the process.

    I was told that Interview in India regarding TVU was same as here what ICE is asking by coming the students home in USA. I heard from my SIL that some of the F1 to H4 conversions in the consulate went well without issues. But again every case is unique...so you need to decide.

    If she has valid H4 stamping they can just exit and enter. It is better to re-enter with new I-94 whether you go for stamping or not. It clears lot of questions in later stages.



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  • ski_dude12
    01-31 12:22 PM
    The memo refers specifically to dependent statuses i.e. H4/L2 and has no reference to F2 status.

    Example given was if someone was in US for 4 years on H4 and then applies for H1, they are eligible for a full 6 year H1 as opposed to the 2 years if stay on H4 was counted.

    From my understanding dependent status stay is not counted towards H1 duration.

    Thanks ramaonline for the reply. I went through the following URL.
    MurthyDotCom : NewsFlash! (http://www.murthy.com/nflash/nf_122006.html)

    After I read through section H1B Extension Allowed Even if not Maintaining H1B Status, I understood as below.

    I can still goto F1 till my labor and 140 gets approved and then I can apply for H1 extension based on this.

    Please correct me if my understanding is incorrect.





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  • reddymjm
    02-11 02:58 PM
    All
    Charge-ability
    Areas
    Except
    Those
    Listed
    CHINA-
    mainland born INDIA MEXICO PHILIP-PINES
    Employ-ment
    -Based

    1st C C C C C
    2nd C 15FEB05 15FEB04 C C
    3rd 01MAY05 22OCT02 15OCT01 15AUG03 01MAY05
    Other
    Workers 15MAR03 22OCT02 15OCT01 15MAR03 15MAR03
    4th C C C C C
    Certain Religious Workers C C C C C
    5th C C C C C
    Targeted Employ-ment Areas/
    Regional Centers C C C C C

    Just woke up from a coma or what



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  • nortam1
    04-10 10:43 PM
    PD? Chargeability?





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  • arnet
    10-12 08:02 PM
    There was a mistake in my EAD card once and called USCIS & my lawyer and both said I have to send the original EAD card with new filled & signed EAD application (I-765) and all supporting documents (EAD application I-765 & supporting documents mentioned in I-765).

    I took photo copy of my original EAD (that has error) before sending it so that I will have proof of their mistake and also wrote cover letter about the mistake USCIS done (I even kept a photocopy of my EAD card and circled the error and asked them to correct it so that it will be easier for them to find the error).

    I sent it to USCIS i.e. the entire package and they verified all my details and realized it is their mistake so they sent me the new card with proper details. Since it is their mistake they didnt charge me. If it is your mistake then they will ask you to pay for the EAD i.e. EAD processing fee (if you made mistake like any typo you or your lawyer did in your EAD application you have to pay).

    so dont worry but you will have to wait for atleast 10-15 days to get it corrected. so call them and your attroney and get the details and send it to USCIS soon. but it is important to take your EAD photocopy before you send it and keep it in your records. also follow up and send it overnight through fedex/ups/courier for safer/quicker delivery of your packag and you can track too. good luck.


    hi all,

    I just received my EAD Card today. To my shock Immigration put the "Sex" Male on the card instead of Female. I checked with my paralegal, all my forms say female and my picture is defiantly a female.

    According to Immigration customer service i should return the card and file for EAD again, and wait all over again.

    My paralegal is waiting for the lawyer to answer and he does not think that i should return the card. As long as al the other information is correct i should not return it, and should be able to use it.

    I'm suppose to start in Nov my new job.

    has anybody else been in this situation? any advices?
    Thank you



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  • 21stIcon
    04-10 01:34 PM
    Hi,
    What is the fee schedule for the 8th yr extension. Somebody told me that company fee ($750 if employees are less than 25 or 1000 if more than 25) is suppose not to include. Pl. advice
    Neeraj

    Govt Fee for H1 -> AROUND $200
    H4 -> Around $140

    Lawyers can stretch you to any extend , my idiot lawyer billed me $750(h1)+$500(h4) for copy-paste from 7th year extension to 8th year extension, that is the reason all immigrant lawyers like BEC.





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  • p_kumar
    01-30 11:30 AM
    Dear Friend / Sir,
    I could not find the insurance your were talking about i.e., HMO for maternity in Texas. I used the link you provided. May be I am not going in right direction.

    please suggest or help.

    Thanks in advance

    Blue cross blue shield covers maternity but there may be a wait time of 6 months.contact an insurance agent and explain your situation. Its really a simple process and you need to understand a few words like out of pockets expenses, deductible, copay etc.
    I know in michigan BCBS charges $133 for maternity rider. Getting an individual policy is very easy and dont let some guys scare about fine print and all that.The fact is they are too lazy to know about something new and they go preaching others to stay away from it too.



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  • bkshres
    04-01 02:47 PM
    This is the only official document in USCIS site that I found which mentions that during pending AOS, date in I-94 does not matter.

    Check section 3(b)
    http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf

    If you know of any other official document then please do post.
    Thanks.





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  • FinalGC
    08-27 08:26 AM
    Sheela Murthy's newsletter has added a WRENCH to many of us, who are planning to move to a NEW Job, after getting the Green Card. Please read below from her 08/27/2010 newsletter. i think she is reading too much into the AC21 rule and trying to confuse the immigrant community.

    a) If Sheela Murthy assumption has some truth. What can we do?
    b) If we need to get a clarification on this post-GC situation to change jobs, whom can we contact.

    Read the section marked in underline.

    Nuances: Job Offer is Key
    As mentioned above, an employment-based green card case is typically based on a job offer. In considering the use of AC21, the new job offer needs to exist prior to approval of the I-485. It is not necessary to start employment in the new position prior to approval. This can become important, given the volume of I-485 approvals our firm is receiving at this time. Many individuals will accept a job offer, give the current employer proper notice and, while working out the notice period get the I-485 approval. In such a case, AC21 would still apply, as the new job offer existed before the approval. These individuals would be expected to start their new, AC21 jobs very shortly after approval.

    We at the Murthy Law Firm wish to emphasize that the example given above is quite different from accepting a new job offer shortly after receiving a green card. AC21 portability is available prior to approval; afterwards, it is not mentioned anywhere in the statute or regulations or USCIS guidance as a viable option.



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  • kondur_007
    09-21 02:24 PM
    Yes I filed I-90 and sent all supporting docs I had . BUT I did not have the copy of the Green Card..I LOST IT THE SAME DAY I GOT IT !.....I went to my old address to collect it. Returned back from work , went for a 1 hr work out. It was no ordinary Gym .24 Fitness with more than 100's of locations in every state out here. It was a very slack time ...and hardly 5 people came out between the time range of the theft , per the video cameras. The Manager refuses to let me see the cameras. Keeps telling me the same bull shit " We take this very seriously ...blah...blah.... so far we have no leads" ...and the PO / Detective in charge of the case only works Tue-Thurs. Never returns phone calls. I gave him so many leads but ...its the same.. or worse cop attitude compared to India . .....then if u keep asking them and following up ...they keep giving being defensive ...and there is nothing u can do to make them accountable.
    Long story short - I mailed all other supporting docs but the GC copy . Birth Cert, Police Complaint etc, Copy of DL and Passport etc.
    With the cops being such assholes, hell ya, I could just pretend that I never got the GC and filed I-90 and never be paying this $380 Fee !!! but it is GC......didn't want to take my chances of them rejecting my case....for some excuse.
    How long will it take before I get actual GC. USCIS told me it can take upto 3.5 months +. Any idea about the avg time in real terms ?
    This was in CA.


    Calm down my friend. Frustration will not help you here.

    I-90 usually gets processed in about 8-10 weeks. It is not required to have GC copy (as most people may not have it). Police report is very important (and you did send that), as your card was stollen.

    Next step is to get new passport (if that was also stolen); go to local indian consulate and get that going.

    After that, take I-90 receipt and your travel plan (preferably with iternary - even prelim iternary is fine), to local USCIS office with infopass appt and they will give you temporary stamp valid for couple of months or so (to cover the time till you get your new GC). Hope you already have your new biometric appt already.

    Chances that they will ever find the thieves of your documents are very slim. They rarely do that here.

    Keep police report. very important to save you from identity theft disaster as well.

    Change all your credit cards etc. Inform all concerned parties (bank etc). Put a credit monitor on your SSN so you dont get identity theft issue. It is definitely worth doing that under your circumstances.

    Good LUck.





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  • talash
    10-27 11:47 AM
    My 140 and 485 got denies simultanously on april 18th .I found out when i got e mail .Neither my attorney or mu emplyer got 140 or 485 denail notice .after waiting 14 days i mad my employer call CIS and attorney wrote to CIS that we havnt recieved this denail notice yet .I kept the record of all this communacation because if u dont file MTR with 30 or 33 days then only option is apeal n thas if they allow u .I recieved both 140 and 485 denail on my home address on 25th day of denail and my attorney and employer recieved none .
    Best aproach as some one said is call and confirm ur address n hope .If not call service centre directly .





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  • EkAurAaya
    09-18 06:02 PM
    I dont remeber the dates were current 6 months back. But NO HIS DATES were not current. Last week some one got the GC (EB3/RIR/Feb 2002/India). I dont think EB3 for india was feb 2002 last week. Please make a visit to NY. I can help you to reach this friend.

    Thanks for your reply! I have more questions about his PD/Name Check status etc... Can you please PM me your friends name + # and your name for reference? I will talk to him

    I'm not sure why I have to visit Ny for this (although its just across the river from me)...





    FinalGC
    08-29 09:27 AM
    The average corporate medical premiums are about $1000-1200. Now if your company is charging you a $1000/month, then he is not contributing anything for the medical. Generally, the companies pay about 60-70% of the premium and the balance is paid by employees. So technically, your employer is not doing anything wrong, if you ever agreed with him that you would pay for medical premiums. However, if you did not agree then you have a case that your company does not provide medical and then you can approach companies lilke Blue Cross or Kaiser and find individual plans where you can say, my company does not offer medical plans ( since you are paying all the premium....u do not need to tell all that), so I need medical insurance for me and my family.

    Again the medical insurance is a very tricky business. You need to understand the terms called out of pocket expenses, deductibles and copay. All the numbers are calculated in a complex manner by this industry using these various terminologies. I would say check out how all the numbers will add up for the year, for various plans, pick 3-4 plans and run a yearly number using a worst case scenario and then see how much you will land up paying using each plan.

    I have a plan with Blue Cross in MI where I pay a premium of $386/month for a family of 4...almost everything is covered. However, office visits are not covered...that is what I pay whenever I go to a doctor. All others are at 70-30 and then I would only pay a max of $2000/year out of pocket and no deductible. This is an old plan which I have been on for the past 3 years and it is good. However, the newer plans like "IC Blue" are slightly more expensive and have higher deductibles and out of pocket expenses. Remember different states have different plans, check the local Blue Cross agent.

    After seeing my expenses for the past 3 years I have seen that my deductible, out of pocket and premiums the max I have spent is $550/pm. Anyway as I said earlier the details are in the math and the way things are calculated. I always ask for cash discount when I go to the doctor and I get a 10-15 % off, which offsets some of the office visit costs.

    Overall, you and your family will need to be comfortable with the plan. Since it is diff for each family, some may have a sick child, or a sick person where the $1000/pm may be needed. So you need to see what you can spend max in a year....anyway whatever plan you select will be cheaper than spending $12,000/year, which u are already paying.

    I do not want to bore all others with the details. If you have any questions, PM me and I can chat with u.





    jonty_11
    06-04 06:30 PM
    Hi,

    One of my friend got fired today, he is on H1b. His American consulting company has sent visa cancellation as well to USCIS today. He has job offer from a big company sent visa transfer papers to their attorney 2 days back but they are saying transfer application preparation will take 1 week (you know how big companies work). What are his options?

    Will he be in trouble if visa cancellation reaches before transfer petition? I heard employee have 10 days time to find a new job? Please help this is panic situation for my friend.

    Thanks!!
    I am not sure your friend has an option here. IF CANCELLATION reaches b4 his H1 TRANSFER papers.... and h1 Transfer get rejected he has to leave the Country. Ask him to work work with previous employer not to cancel H1.



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