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  • 21stIcon
    02-21 09:42 AM
    Question to champak,
    Is it separate policy or more coverage for employer sponsored policy which you bought from your employer?. if it is binded with employer policy , how could you move to new employer or take out along with when you leave firm?

    thx





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  • lalithkx
    06-26 04:03 PM
    Anyone got their AP renewal approved? How long it is taking these days?

    I applied for EAD and AP renewals concurrently on May 28th and sent following support docs for AP.

    1. 2 photos.
    2. old AP copy
    3. I-485 copy
    4. Passport biometric pages
    5. EAD copy

    FP appnt on June 23rd.

    AP Approved e-mail on June 23rd.

    My wife's Receipt was just 10 nos difference but she hasn't got it yet.

    Hope it helps





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  • sledge_hammer
    08-18 11:51 AM
    June 20 is the RD (paper filing). Service center is Texas. EAD expires on Sep 24th.

    Case status is still "Pending"!

    I applied on June/25/2008 (Efilling) for me and spouse. My receipt date was on June/26/2008 for both EAD and AP. Still waiting for approval.

    Mine NSC. Don't know when it will be approved,

    Does anyone know, NSC working on EAD , AP and 485?
    Please share your info.





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  • sapota
    08-21 11:52 PM
    For EB3 India Apr 04 PD, 3 more years seems about right.



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  • mhathi
    10-05 03:22 PM
    "AMPLIFICATION: The above Washington Wire item on the letter from House Republicans to Speaker Pelosi urging passage of an immigration bill to "help and retain" high-skilled workers refers to legislation that would increase the number of H-1B visas and green cards for high-tech and other skilled workers. The question in the WSJ poll referred to a separate effort, pushed by President Bush, to revamp the immigration system and provide a path to citizenship for those in the U.S. illegally. The item wasn't intended to imply high-skilled workers are illegal immigrants"

    They just updated with the above correction....:cool:

    Awesome Job, Guys! We did it again...





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  • andy garcia
    05-24 07:34 PM
    when you can become an illegal, what prevents you from becoming an illegal with retrospective effect.. goto Hialeah near Miami,FL & you can get all the fake stuff for under $500..

    Why do you need to go to Miami?

    Go on e-Bay and bid for illegal certification.



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  • dhirajs98
    06-28 02:03 PM
    my pd is march 07. my agency told me they converted my I 140 into premium on june 18.But my case status still hasn changed from 'RECIEVED N PENDING". Is there any delay by the uscis usually in changing the status?
    Can somebody please clarify?

    My RFE response to the I-140 PP was sent on June 7th but I have received anything from USCIS. Status on theor wesite is still old. Its almost 3 weeks after I sent the response to the RFE. I am not sure what is going on w/ USCIS these days. They have taken money to process it in premium but it seems they don't bother to complete case in 15 working days anymore.





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  • willwin
    06-12 01:55 PM
    Outlook is very very grim without a bill from what I understand. EB3 India is going to be in a hole and EB3 PDs that are 2006 and later have a really long wait time ahead that they are not imagining. We are all hopeful by nature and look forward to visa bulletins with a positive attitude but such PD folks may be disappointed month after month for several years. For EB2 India it is important to know number of ported cases. EB3ROW folks also need to worry now. Their journey may not be that smooth due to spillover rules and high demand. We need to get data via FOIA to make a better guesstimate. Without such data we will hear various theories, predictions and interpretations from various websites and blogs that may not be always true.

    You definitely have better resources to know things but I hate to disagree on what you said.

    You said, it is going to be tough for EB2 I (and i guess C too). You also said EB3 ROW need to worry as well. Obviously, per you, EB3 I and C are out of question. so where are the 140K numbers going to go next year???

    Are you saying that EB1 and EB2 ROW are going to consume 140 K minus restricted quoto of retrogressed countries? It is hard to believe.



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  • roseball
    02-11 05:21 PM
    Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.

    This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.

    Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.

    Now coming back to the OPs case, I observe the following from the information posted so far:

    - Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
    - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
    - Sponsoring employer revoked approved I-140
    - USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
    - USCIS denied the pending I-485 based on incorrect I-140 approval

    If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.





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  • getgreened2010
    09-27 10:38 AM
    We applied at TSC (e-filed) 2 weeks earlier than your and got a decision last week. So you probably could get a decision soon in about 2 weeks.

    Thanks for the reply.
    I have another question: Were you applying AP for the first time or renewal ?



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  • superdoc
    09-23 08:32 PM
    Hi Gurus,
    I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
    sorry to hear that..i think u should be fine are u on h1 or ead..if on h1 then there should be no problem...

    FYI-- is it this desi employer?





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  • gc_in_30_yrs
    07-25 02:19 PM
    EB2-24-July-2007-Delivered-NebrasKa



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  • ajju
    08-27 01:11 PM
    Need Approval in Hand.. Receipt Notice Does not work in most of the states and new states are adding this as requirement every month...

    I had similar issue for my spouse on H4. Was out of license for about a month... It would be a good issue to be brought up at Sep 18 Rally and added to core issues handled by IV in general. Lots of future immigrants are facing this.. But we need a collective voice as usual with any immigrant issue to get a resolution.. More and more states are joining to make Driver License as your "Immigration Status Document" causing "LEGAL to work but NOT LEGAL to drive" situation....





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  • Hassan11
    02-09 01:36 PM
    My first PERM (through company A) was denied, as I told before, just because the PERM software automatically denies application with requirements that exceed "normal" SVP level. (Moreover, it accuses you in claiming that the requirements are normal, even if you didn't claim that!) I am not preparing a second appeal. I am preparing a second PERM filing through another company.


    I couldn't really find any information about the appeal process on the LC once it is denied. the ironic thing is that my first LC was approved then after I got promoted to a senior position and applied for a second LC, the 2nd LC was denied because they think there is no difference between the 1st and 2nd position. does the DOL have an automatic system that processes the LC and that why it coudn't see the difference between the 2 positions??
    where can i find more info about the appeal process?? any links to go to??

    Styrum: did your lawyer give you any info on how long the appeal process takes? and the probability of success in the appeal?? Thanks



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  • jkamel5
    06-06 01:16 AM
    Hi,
    I am on H1B visa and I am working. My wife is currently on F-1/OPT. We are both in the USA. Could you please advise me what is the required documents/steps to apply for her for H4 visa?
    Thank you,
    John





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  • desi3933
    06-25 10:24 AM
    Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    http://www.nrilinks.com/Immigration/VisaTypes/h1bfaq.htm#q8

    >> Must an H-1B alien be working at all times?
    No, but he must be an employee. H-1 employee can avail vacation, sick days off, unpaid vacation days as are available to ALL OTHER employees. Employer needs to document such policies. There are complex issues involved here.

    Like you said in post As long as the employer/employee relationship exists this is the key part. How to prove employee relation - mostly by pay stubs and employment letter. Also, I-9 Form date determines when employee really reported to start the employment.

    Not a legal advice
    -----------------------
    desi3933 at gmail.com



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  • mhtanim
    10-25 04:08 PM
    Shimul: so did you finally get to see your I-485 status as "Approved" at USCIS's website?

    Please inform us when you receive your green card in mail.





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  • belmontboy
    03-15 09:47 PM
    Yes, I do agree with you but he asked a specific question related to travelling, and this case expungementg will help and he need not to declare at the POE about his case but as you said he will have the side effects of this case in various other stages till he is admitted as PR.



    RV

    Dude, I am telling you again. Expungement will not help him w.r.t immigration matters (which includes entering USA).

    Even when he gets his criminal record expunged, for all immigration matters, he needs to provide information about his conviction and an explanation.





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  • paskal
    12-17 01:18 PM
    In my opinion, the fear that folks that are contributing 50$ will switch to lower sums is unfounded. There is nothing that stops them from stopping their contributions altogether even now.


    yes and people do stop...what do you think...the small minority just keeps contributing when they see others not lifting one finger?
    and we are not speaking from "fear of what will happen" we are telling you from experience that people who can afford 50/mnth and are willing to do it are tempted to do 20 instead...and do it. why is that so hard to believe? is it not human? i think it is natural for many to think like that. we have 25,000 members, >90% don't do anything for iv. despite that you won't believe that people will contribute less if they can?

    if members really want to contribute- use pay pal and give less. the option is there. why the argument over the set up that iv has made...when you have an alternative??? iv needs to send a signal on what we really need from you and we have done that. the rest is up to you...take a choice. just remember- pay pal takes a chunk every time you do small multiple amounts.

    please focus energies elsewhere. this is a moot discussion. and btw your contributions are very welcome- thank you for helping us all in our movement to end retrogression...! you are setting a great example.





    waitin_toolong
    08-15 10:16 AM
    there is no rule defining any length of period that you are required to stay with Gc employer but most people recommend 6 months mainly because of possible questions at citizenship interview.

    If you have a very good reason to change jobs sooner than that then document it and be prepared to defend your actions if you plan to apply for citizenship.

    I dont see any reason why this would affect spouse.





    munnu77
    05-14 11:05 AM
    Hang in there..guys



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