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Sunday, July 3, 2011

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  • lonedesi
    06-02 04:02 PM
    Everyone, please write to USCIS Ombudsman's office and complain about the issues we are having dealing with USCIS. Also, seek their assistance in having USCIS process our applications in a FIFO manner especially for the transferred cases. Also write to them about slow down in I-140 processing and requesting them to reinstate PP for I-140 petitions. Unless we write and put some presurre, things will not change. You can write about any of the issues you are facing with USCIS as they are available to assist us. I think its worth a shot for us folks.
    --------------------------------------------------------------------------

    CIS Ombudsman - Send Your Recommendations
    Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

    Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

    The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

    Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov

    Mailing Address:

    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.

    Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm





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  • jamesingham
    08-23 11:02 AM
    My employer filed I-140 application for me this month. I will have to move to a different house next month. Will this have any impact to 140 processing ?

    Do I have to inform USCIS ?





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  • wandmaker
    11-04 01:11 PM
    1) Does that require any additional fees?

    There is no additional fee, all you need a compelling reason to expedite AP

    2) How long does it take for AP to come thorugh after expedite

    My friends mom was hospitalized, not life threatnening issue - he was able to obtain AP in a week. Onething to note, this was before July fiasco.

    3) In three weeks time we are travelling to attend brothers marriage--> is this reason good enuf?

    Brother's marriage is not a compelling reason to expedite your AP - One of the IV member could not make it to bro's marriage, please read http://immigrationvoice.org/forum/showthread.php?t=15101 , this can throw some lights.

    4) Is there any harm or backfire due to trying to expedite through infopass

    It will not bring you any harm, if you present the facts for your request. It applys to all your request, not only for AP.

    5) filed 485\ap on July 02. recieved EAD and FP already done.

    You are all set, all you need is AP to travel outside USA or you can trip, if you have a valid unexpired stamp on your passport.





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  • snathan
    01-24 11:22 AM
    Hi,

    This is my case:

    1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005

    2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.

    3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.

    4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.

    5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.

    Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.

    Regards

    You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.



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  • Dhundhun
    01-17 10:38 PM
    Not normal, but what about I140 approval?. It is part of that and must be there. Did you apply I140 and I485 togther? If yes, it may be missing because of processing backlogs.





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  • HTI
    08-29 11:12 AM
    thank you all...that help a lot...!!!!:)



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  • delhirocks
    06-23 12:22 PM
    If dates stay current (expected for maybe July), I-485 processing is FIFO based on receipt date of I-485.
    If dates retrogress, I-485 processing is FIFO based on PD.





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  • feedfront
    05-07 02:48 PM
    As long as company's tax id remains same, it does not matter. Talk to your attorney.



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  • golgappa
    08-19 02:03 PM
    Thanks for your reply..

    You mean the FedEx delivery receipt, or the USCIS Receipt..





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  • LostInGCProcess
    11-10 09:03 AM
    Hi All,
    I have a situation where I can not find proper information and would like to ask all the experts in this column.
    I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.

    - Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
    - If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?

    Thank you!
    :)

    1) You can enter US on your H1B visa even though you might have applied for I-485.
    2) You don't need to go for another visa stamping if it is valid for more then 6 months. If you are on new H1 then you must tell at the POE to put the exp date from the new H1 on your I-94.



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  • seaken75
    10-04 03:40 PM
    I forgot to add another question:

    Any July fliers with EAD approved with NSC?





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  • willIWill
    12-10 03:29 PM
    Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)



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  • wkhalifa
    05-19 05:58 PM
    hi can any one help me i have i-140 notice 10/22/07 and up till now i can not track it online every time i try the respond is th rn is not correct my employer called couple of times and every thim they till him it is a problem in the system and they sent sr but no thing done is there other cases like me ? what i should do ?


    thanks

    lc eb3 11/06

    i-140 10/07





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  • immigration_confused
    08-02 11:09 PM
    Dear friends, i would like to share my experience regarding the earlier post. My brother as i told you had surrendered his I-94 to the airline while departing for canada.
    He went to the US immigration at Toronto airport and the officer asked him for his I-94 which he told that airline had taken from him. Officer told that the airline was wrong in doing so and called his superior who told that it was not a problem and they issued him with a new I-94 card with out a problem and he got back into the US.
    i guess the lesson is not to panic and carry all your doccuments with you. In summary, automatic visa revalidation works but please do not surrender your old or new I-94 to the ailrine if you are planning to visit canada or mexico for < 30 days.



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  • desi3933
    02-11 06:48 AM
    Can PERM / 140 be filed by company while I am outside the US?

    I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.

    .....
    .....

    Your attorney is correct.

    _______________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • freddyCR
    January 4th, 2005, 10:41 AM
    Camera : Fujifilm S7000
    Original Slightly cropped
    Comments appreciated

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  • kevnss
    03-21 01:57 PM
    You can always file under EB2 once your I-140 in EB3 is approved. Even thats what I did. I had masters with 5yr exp before joining in this company but some how attorney filed under EB3 which I noticed when I was filing for I-140 under EB3. So we waited till my I-140 gets approved and refiled again after filed for I-485. Now my labot got approved under EB2 and filed for I-140. Hope this helps.

    I have one question though which I have already posted but didn't see any response. It would be nice if someone can clarify my doubt..


    I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.





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  • aps
    03-29 11:55 PM
    I have recently applied for Canadian visa , using my AP at LA , using all original documents in person. You can add all your family members in the same application. I used two different applications , but, they asked me to add all the family members in the same application. They will issue visa till your AP validity. Good Luck.

    thanks,
    aps





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  • martinvisalaw
    06-30 11:28 AM
    Strictly speaking, she cannot use the AP to enter the US unless she had it in her possession when leaving the US.





    desi3933
    01-25 09:19 AM
    I work with a consulting company on client side. The client is planning a shutdown for 2 days a month - 2nd and 4th Friday.

    Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).

    BTW, I am on EAD and 140 approved couple of years back.

    Thanks


    Pavan -

    You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





    muralip
    09-11 04:55 PM
    I am waiting for my EAD receipt and also my I-140 is not cleared yet.

    I have to travel india immediately on an emergency and my attorney says that I can very much travel to India on my H1-B visa.

    I was quiet surprised to hear that from my attorney as I was under the impression that it is not safe to travel outside US until my EAD is approved.

    Please suggest..



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