Monday, June 13, 2011

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  • EB3_SEP04
    06-30 09:21 AM
    If I were you, I would decide office by Receipt Number EAC/LIN

    Thanks Johnamit, my EAD card # starts with "WAC" which is for "California service Center"

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  • sameer2730
    06-03 12:42 PM
    Anyone used this to inform CIS of their AC-21 case since it was announced?
    Any experiences??? I had sent this to my attorney for his inputs but got no response

    Do you know if you can do this yourself or do you need you attorney to send this email on your behalf?

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  • RobAllan
    03-24 10:38 AM

    Did you sent the Letter of Employment from your current employer or else from the one who started your GC processing, Can you please share the details.

    Thanks !

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  • NO_Free_Rider
    09-10 09:13 PM

    I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.

    I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006. .... ....

    That was real quick to get Labor & I-140 approved in 6 months. I thought PERM is taking more time these days. Also at this pace who needs premium I-140 processing?


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  • beppenyc
    04-09 04:14 PM
    The system is broken, but only for us. Trust me, the US is only profit from the Illegal and Legal immegration. I lost hope, it`s the same dance, again, again and again.

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  • neerajvir
    07-17 05:52 PM
    Just made a contribution of $100 to IV. Please take time to renew the faith and keep the pressure on..


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  • pankaj_singal
    11-18 11:04 PM
    This is a situation with my friend that I am posting under my name...

    Questions are mostly related to regarding EAD situation
    1. My friend is on H1 and have EAD (June'07 filer) for both him and his spouse... his spouse (secondary aplicant) is currently working on her EAD.. If his company lays him off... Would his wife have any effect on her employment?
    2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
    3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment? If he goes to India on AP.. for how long could he go?
    4. Could he take up any job and keep switching till priority date becomes current? Also what happens if and when priority date becomes current?


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  • brugen
    08-19 03:47 PM
    Send in whatever you do have available with a letter explaining why there is nothing more that you have available. While I know many do not like hiring attorneys because they are expensive, an attorney would be able to help you with the cover letter to ensure the best possible outcome from the USCIS. Good luck to you!


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  • Pagal
    12-09 07:55 PM

    :) Just a clarification around job requirements:

    GC is always for a future position, so there is no need for the employer to keep the position (nor to keep it vacant). The employer needs to confirm that the position will be made available to the individual as soon as GC is issued.

    If you get the GC and the position is not available, your GC is not in any jeopardy. Once the employer confirms that the position is no longer available, you are free to choose any other job. If you have already waited 4-5 years for GC, the same/similar job requirement also reduces in significance for post GC issued job.

    PS: I know a few friends who waited to get their US citizenship and immediately relocated to India! Human mind is strange!! :)

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  • sagittarian
    12-18 06:24 PM
    . hope this helps.

    You bet! Thanks a lot.


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  • InTheMoment
    03-01 10:34 PM
    That is right. If it is feasible go for it. Also, what do you mean by residency for ur wife..medical one ?

    In either case she can always come here for interviews on a B2 visitor, I know people who have done/doing it for medical residency.

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  • mdross2
    11-16 01:19 PM
    Hi All

    I have a query, Maybe some of the experts here can help me out.

    1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
    2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
    3. In 2006 I switched to company C. (I have the original for I-797A)

    All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.

    Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)

    Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?



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  • sayantan76
    07-05 08:36 PM
    I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
    My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?

    I have been in US on L1A for more than 3 years now....i participate in 401(k), my company matches as per company policy, company contributes to pension plan separately as per company policy for US employees.....

    I am not a lawyer nor a tax expert and this is purely based on my personal interpretation.......all retirement/ welfare benefits etc have to be non discriminatory - i.e. any plan available to general class of employees on US payroll should equally apply to you irrespective of your visa status..this has nothing to do with whether company intends to sponsor GC or not or any other factor....only exception is B1 holders since B1 holders are not supposed to get US payroll........

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  • gcpadmavyuh
    10-07 11:08 PM
    Hi Parimmigv:

    Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.

    If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.

    If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.

    485 iteslf is a separate status called the adjustee or parolee status.

    Now to your questions:

    1. what status am I on right now ?
    Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.

    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.

    No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.

    3. How to move to EAD as I don't want to pay payroll fees ?.
    Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.

    BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
    attorney. I'm 99.99% sure of this.

    good luck!
    Can some please help me here ?.

    Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.

    I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-

    1. what status am I on right now ?
    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
    3. How to move to EAD as I don't want to pay payroll fees ?.



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  • anurakt
    01-14 07:55 PM
    You need visa to enter or exit. When you exit you need to turn in I94 on the pp with the stamp of your entrance as well as your new extension. On entrance they will check the old visa and write down the visa number on the new I94 that they officer will provide. The I94 usually has the visa duration as the end date. Next you apply for an amended h4 to reflect the new I94 number which was provided at the POE. Asfar as I know the I94 date is always linked to a visa and not the Notice of Action.

    what's the process for amending H4 and how much time does it take ?

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  • little_willy
    05-02 12:56 PM
    I am in a similar situation. I was offered the job but was later declined in a top 5 fortune company because of this scenario. My 6-yr H1 ends on Sep 2007 and I have a 3-yr extension based on approved I-140 with current employer till Sep 2010. The company attorney that initially offered me the job reasoned that this is a grey area and they are not willing to take the risk. So, bottomline is different immigration lawyers have different opinion on this matter. It is a case of how you read the grey print.

    Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.


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  • jcrajput
    10-12 11:18 AM
    We are planning to get our passort stamped (H1B/H4) at Mumbai consulate. Does anyone know how many pay-stubs I will need from my current employer? Can anyone please share their experience?

    Thanks a lot.

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  • kanshul
    02-01 09:36 AM
    Fair enough.

    You said you don't have EAD.

    Did you file for 485? If yes was it in July 2007? Please update your profile.

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  • ImmiLosers
    03-10 11:22 PM
    As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.

    Now I am not sure.

    But the point is - Has he/she said it can not be done at I-485?:confused:

    Blog Feeds
    08-08 09:40 AM
    AILA Leadership Has Just Posted the Following: (
    As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."

    Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"

    The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.

    She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.

    It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.

    The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.

    You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?

    What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.

    More... (

    06-24 06:53 PM
    I am also on the same boat. Did you get answer for your question? i.e. linking your old 485 to new I-140?



    My company gave ma a substitution labor and it is having a problem in term of degree.
    My I-485 is also pending based on that I-140.

    1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?

    2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.

    Please advice.

    Raj Soni

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