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shaikhshehzadali

07-06 06:44 PM

Where did you get "25" days from? Also, wouldn't it depend whether you sent it to NSC or TSC?

Thanks,
Jayant


Compliance is only for people who have filed on or before june 29th...So each of the service centres will complete receipting all I-485 filed on or before june 29th by the date mentioned in the compliance document....Then probably after that they will start rejecting I485 at their own pace..

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clif

06-23 12:11 PM

How important is filing date when it comes to I-485 processing? Does USCIS process I-485s by Filing Date or by Priority Date? If it does so by Filing Date, and assuming that the dates stay current for a long time, does it mean that a person with a later PD can get his/her I-485 processed before a person with an earlier PD if the person with the earlier PD has a later FD?

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tinamatthew

07-18 03:50 PM

Hello everyone and thank you IV for all your great work. Much appreciated.

I have a (hopefully ) simple question:

I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.

That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?

I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?

Any info, tips would be greatly appreciated.



My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.

Thank you all once again!

That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps

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Kapils573

09-01 05:19 PM

Hello everybody,
My lawyer mailed me photocopy of I-485 form ,EAD application and AP form
which she filed last month. I saw that my lawyer has enter my old address (Michigen ) by mistake. My current address is in Illinois. The G328 form mentions the Illinois address as my present address. I had already send my AR-11 mentioning my Illinois address as my new address before my I-485 was filed.
My worry is will the finger print notice,EAD, will come to Michigen address or Illinois address

Pls guide what should I do to change the address on 485 to my new address..

Thanks,

Kapil

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drak70

11-01 12:27 AM

Hi all,

My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?

I appreciate any suggestions and thanks in advance.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)

changing to cap-subject requires a regular oct-dependent h1b visa again

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andyvillapark

08-19 07:43 PM

Thanks very much dealsboy, really appreciate it.

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askreddy

06-25 11:57 PM

You should receive letter from USCIS saying that your address is changed....

Askr

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nsd786

01-17 05:11 PM

My PD is Oct 2004 .Received I-140 RFE Ability to pay.RFE date Jan 2nd 2009.They have asked for Tax returns for 2006 and 2007 (2004 and 2005 were submitted during filing).They have mentioned that we also have the option to submit W2 ,Audited statements or Annual reports.The company is a small company with 20-30 employees and is doing pretty well .For 2004 ,2005 and 2006 their net incomes is about 3-4 times my proffered wage.But there is an issue for the 2007 return.Their year ends in June and hence 2007 return was due on September 2007 for which they have filed an extension.Hence returns are not due till March 2009.RFE has to be responded to by Feb 2nd.They have paid an estimated tax of about 34000-35000 .My proffered wages are 52000.Hence if one calculates the estimated income it is in line with the previous years and is about 3 times my wages.But there is no return only extension notice and proof of taxes paid .I do not work for them right now and have no W2.They do not have any audited statement or annual report.I am trying to get them to give me a statement from their CPA stating estimated revenues,net income and tax for 2007 but I am being given the run around.If I were to submit only with the 2006 return and 2007 extension filed with proof of tax paid is it OK or do i most definitely need that letter from their CPA.I doubt I can get anything more than the CPA letter and that too is doubtful.Business owner perceives CPA letter not needed attorney states needed.I am in a limbo.Please help .Do I also need statement showing income from July 2008 through December 2008 to show current ability to pay as advised when they have asked only for 2006 and 2007 returns.PLEEEASE HELLP AND GIVE YOR ADVISE.

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yestogc

04-07 06:49 PM

I always belive Premium is better and this is just a rumour that it attracts RFE.

The reason is plain and simple, let's say that you change to Company B and since normal processing takes anywhere from 3-6 months (let's say in meantime your old employer cancells your H1B) and at end of say 3-6 months you come to know that your H1B transfer to company B is denied you have no option but to leave country.

Whereas in permium in 15 days you will know if that is through or not and GOD forbidden even if that gets rejected , you still have paystubs which will be just 15 days old, still you can do another H1B transfer with a new employer.

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Blog Feeds

03-08 07:40 AM

AILA Leadership Has Just Posted the Following:


https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgMV_5AoffBYUE09P6Yoj0IU2U2-hYz-yCGHQTTPB8WJXTXbR30wA1skwPvQSoMOZ2oMCmI_f_D2PCsd-YrxBDkpnSEgM6WiTXAUXrYpepkyojMV-eW93GZBcOp7OftfFTs2WQIaXJHDd0/s320/2010-03-07+alg_cuomo1.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgMV_5AoffBYUE09P6Yoj0IU2U2-hYz-yCGHQTTPB8WJXTXbR30wA1skwPvQSoMOZ2oMCmI_f_D2PCsd-YrxBDkpnSEgM6WiTXAUXrYpepkyojMV-eW93GZBcOp7OftfFTs2WQIaXJHDd0/s1600-h/2010-03-07+alg_cuomo1.jpg)


By Deborah Notkin, AILA Past President

Attorney General Andrew Cuomo has successfully carried out a crusade against the fraud and deception of "immigration consultants" who take advantage of unknowing and vulnerable immigrants. At a recent media conference, Cuomo indicated that his office is seeking civil remedies, at least initially against those involved in immigration assistance fraud because the first goal is to get restitution for victims. http://www.ag.ny.gov/media_center/2010/mar/mar1a_10.html

The latest victory in the fight against immigration fraud and victimization was announced by Cuomo's office on March 1, 2010. The Attorney Generals' Office has won a court judgment of more than $3 million against a "consultant" in Queens who has targeted and defrauded immigrants. In this case, the "consultant" routinely charged a retainer of $7,000 with fees often reaching up to $15,000 per person for the promise of permanent residence. The consultant wrongly claimed that she could get permanent resident status through alleged relationships with government officials. Of course, the services were never performed and the consultant routinely refused to give refunds or return documents.

As a result of Cuomo's lawsuit, the New York Supreme Court has ordered the consultant to pay full restitution to 37 families who came forward and demonstrated that they were defrauded by this consultant. An additional $2.7 million in penalties was imposed for engaging in the unauthorized practice of law and misrepresentation of services that could be performed. The consultant is also permanently restricted directly and indirectly from engaging in the business of immigration-related services.

Over the past several months, other consultants have been shut down and active investigations continue. The fight to end this blight on immigrant communities in New York City and State continues and serves as an example for all who are committed to fighting immigration fraud and the unauthorized practice of law.
https://blogger.googleusercontent.com/tracker/186823568153827945-5282899656706770162?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2010/03/new-york-attorney-general-cuomo-gets.html)

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waitin_toolong

05-25 02:09 PM

she can visit a uscis district office and get a I551 stamp

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Macaca

05-05 11:38 AM

better pray for the CIR to be passed first.
then get a comfortable chair and wait for the 20+ millions illegals to get ahead of you in the queue
This is not 100% true. However, they will have some effect!
does anyone know when they will discuss it - in the house and in the senate?
Senate: last 2 weeks of May.

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itkris

12-10 04:29 PM

Thanks a bunch for your response. I'm not planning on getting my GC. - will be leaving this country when my H1 term ends. my passport is expiring and i would really like a renewed passport with a valid correct name - just dont want to keep making mistakes over and over again. How difficult is it getting an I-797 after changing the name on the passport. should i file the "action on a petition (I-824?)" or amendment to H1?

Thanks in advance for your advice.

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subba

07-08 12:36 PM

Was in the middle of job search before this rollercoaster ride happenned.
Not sure what approach to take now.

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mrajatish

06-25 06:46 PM

does that mean no hope left ? what r the other options ? isn't this whole process is for future employment and if i am licensed now than whats the problem in future employment i don't understand that part "future employment". i am on h1 now and if i will get my residency than i will be working at that position and i am licensed now. then why does the old date matters.

is it true guys ??

Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?

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hey.camelo

02-06 09:38 AM

My company applied my GC is EB3. I am on H1b and has close to 15 months of my visa.
I am currently in 5th year of My h1. I have 140 approved and I want to change my job due to my financial burdens..

q: Can i change job after getting 3 more years of extension? I meant, Can I transfer the H1 which was applied with 140 after 6 years of stay? Is there a possibility that current employer can do any thing?

Also, can i port the current priority date of green card and apply a new one in Eb2 future?

q: Based on the current labor and 140 waiting time, can 15 months will be enough to change the job and apply a green card and get labor & 140 approved?

if you faced similar situation or having information, can you pass me the same. Thanks a ton.

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martinvisalaw

07-20 02:02 PM

Hi,

1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.


If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.

2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?

I haven't had a problem with H-1B extensions

3) How much is the H1B renewal fees?

It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:

$320 I-129 fee
$500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
$1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees

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Blog Feeds

07-16 04:50 PM

Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.

Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.

However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.

The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.

The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.

However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.


For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.

For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com


More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)

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skdskd

08-26 11:56 AM

Hi

We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.

Thank you very much for your help.

I have same Question ??

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vikki76

04-04 02:58 AM

Hello All,
I created a Twitter handle for IV @ImigrationVoice to lock down on twitter handle. Hopefully, I can contact some core member, and they can own this account going forward.
IV admins can then post relevant updates to twitter as well.

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moonrah

09-23 03:39 PM

Another question on the form:

In G-639 form, Should port of entry and date of entry be the latest one or when we entered first time in the US?

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