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  • redgreen
    11-27 07:03 PM
    Hi All FP seekers! I do not know what exactly I am missing if there is a delay in FP. It looks like hundreds of IV members are too much worried because of the 'delay' in FP. Let me worry too (by knowing the big problem!). Can any worriers explain??
    On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!





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  • dpp
    07-19 02:05 PM
    Q : 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.


    Check this.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD



    I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.





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  • LostInGCProcess
    03-11 04:13 PM
    It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.

    Funny way to put it, but absolutely true. :D :D :D





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  • adibhatla
    02-20 12:57 PM
    Anil,

    Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.

    adibhatla,

    Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
    -------------------------------------------------------------------------------------------
    Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):

    On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.

    8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.

    The decision leaves you without lawful immigration status���.
    --------------------------------------------------------------------------------------------

    After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
    Notice Type: receipt Notice.
    Amount received $585.00

    It states that
    This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...

    The notice number you are referring is same as I mentioned or different?

    I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..





    Employer: A

    December 13, 2002: Labor date:
    October 26, 2004 I-485: Filed
    April 28, 2005 I-140 Approved (EAC1)
    May /2005 I765 Approved
    September 16, 2005 Used AC21- and moved to new employer.
    April /2006 I765 Approved
    Aug 26 2006 Went to India for 1 month vacation using AP
    Sep 20 2006 Returned to US
    April /2007 I765 Approved
    May 13 2007 Went to India for 1 month vacation using AP
    Jun 02 2007 Returned to US
    February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
    was transferred and is now pending at Texas

    February 22/2008 I765 Card production ordered.
    NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

    March 03/2008 I140 Notice Returned as Undeliverable

    March 05/2008 I485 Denial Notice Sent


    August 28, 2008: the post office returned the notice we last sent you on
    this case I485 APPLICATION TO
    REGISTER PERMANENT RESIDENCE OR TO ADJUST
    STATUS as undeliverable
    Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.

    Nov 26 2008 MTR received and pending

    What will be my fate? How long should I wait??



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  • pady
    08-20 04:14 PM
    I tried to contact the attorney so badly until Aug 16th, but he never responded. I was able to get hold of him only on Aug 17th. I guess he was directed by my employer so.





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  • lazycis
    12-28 11:25 AM
    how do I avoid that scenario?

    If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?

    Leave on good terms with your current employer. If that's not possible and you have a good reason to believe that they'll withdraw I-140, conduct a pre-emptive strike and file AC21 papers with the USCIS (a new employment offer listing job title, duties, salary). That will eliminate or at least minimize a headache associated with I-140 withdrawal. Employer is free to withdraw I-140 at any time and the USCIS cannot prohibit it. However, even if I-140 is withdrawn, your I-485 remains valid if you have a new employment offer. So no worries, just plan for it and act according to your gut feeling :)



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  • drona
    08-31 11:26 PM
    Please tell me why you are not going to the Rally? Would really like to see you all there.





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  • boreal
    08-11 10:18 PM
    Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?



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  • eilsoe
    02-03 06:20 AM
    u'r still the lineart champ around here hunn ;)





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  • sats123
    06-19 06:03 PM
    I don't know if he is gonna mess it up if I file on my own. But Senthil has valid point that he should support if there is an RFE.

    Do not care about the money now. Give 5k and file thro company. If you need any help from company for RFE or any other issue after filing gc then company will help for you. Because you are working for hourly paying 2 or 3k more than normal should be ok. Some of lawyers are charging more compared to normal



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  • mmj
    04-28 08:05 AM
    Yeah - I should have clarified that when I said most - I was refering to people whose PD is before 2006.

    not "most"!! only few have a wait of 3-4 years, most have a wait of over a decade....the numbers of applications pending at AOS stage at USCIS is scary





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  • apahilaj
    12-01 04:22 PM
    I still have not received mine yet. I am pretty sure that our FP generation has some problem due to some glitch in their system.

    What is DHS 7001 ?

    I got an automated response from ombudsman saying that I will have to fill out a formal inquiry in the form of 7001. That's the form to fill out if you want ombudsman to inquire into your case.



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  • rayoflight
    04-13 05:51 PM
    Great Job guys. I am proud to be part of IV.





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  • InTheMoment
    11-06 04:22 PM
    That was a good account for those who haven't been to an Infopass. The procedure is near about the same where I usually go too.

    I think that the AP info that you got is good...but the serendiptious (!) info of your and your family's NameCheck status bears good info/benefit in the longer term.

    As for the 4 months thing, she is right if we go by FBI stat papers and testimonies given over the past few years; but what I find most interesting is that 7 out of the 8 people who I personally know, and who filed with me in June still have their NC pending as of this week. That does not include me whose NC is pending for past 4.5 months (since my info was sent to FBI!).

    So the dataset is small but challenging. I am sure there are many like me. Wonder why I find many whose NC is pending in the 4-6 month range and very few (of the 68% - per FBI) whose have got it cleared in the so called 48-72 hours (after the info is sent to FBI) ! :confused:



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  • bekugc
    07-19 10:48 AM
    I read somewhere that doctors abroad who do the tests for consular processing cannot be used for AOS medicals.

    u'll get RFE only if theres is a mistake in medicals, if there is NO medicals in the 485 packet, i think ur appln will be outright sent back.

    whats ur PD, if its in the range of 2000 u still have hope that in next few months ur date becoems eligible for AOS.

    ive heard that there are some doctors out there (of questionable integrity) who accept cash and give out medical reports. even tho this is a backdoor approach, u can make a few calls and give it a try. to make ur case more genuine, try to get a list of all attributes recorded in the blood and skin test, and get those done promptly done in india. atleast let the doctor copy over ur wifes actual stats rather than inventing it. If ur case is genuine, may be someone will be merciful to help u out of ur predicament.

    Preponing visa interview without very valid reason cud be harmful. u never know, if they catch ur wife telling a lie then ull be walking on thin ice.

    last year my friend visited india...he is on 7the year H1, and got 3 yrs extn based on 140. he had attached copy of approved 140 as proof...the chennai visa officer only asked him "is ur company paying for ur GC or you urself" ..he answered Company is paying full amount. and they gave him the visa. :-) if Govt is using approved 140 to give 3 yrs extn, obviously they know the intent to get GC...i dont believe telling truth that ur company is processing GC for you is going to harm you.

    its just my opinion!!!





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  • CADude
    01-05 05:22 PM
    Please try. If nothing works out (like me) still you have satisfaction you did your part. :)



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  • gcphul
    09-21 02:46 PM
    http://www.aila.org/content/default.aspx?docid=23290





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  • nozerd
    12-12 12:46 PM
    Great News for EB3 INDIA. Moved 2 weeks and most imp crossed April 30 barrier.





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  • gc28262
    03-11 10:20 PM
    Consulate officers and immigration officers at port of entry are two different categories including their education background, training etc...dont compare them. Consulate officers are first line of defence which has to be good at detecting problems.

    I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.

    If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.

    If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....

    If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....

    with me?

    Are any of these happening with you ? If so report to USCIS.
    If not, why do you assume it happens with others.
    Does it make you feel better ? Or are you a follower of Mahatma Gandhi/Mother Teresa that you earn justice to be done to others not you ?

    I know the motivation behind your arguments. Do I need to mention it ? everyone on this forum understands that.

    Don't be so selfish.





    npperi
    04-03 09:51 AM
    Sent faxes 10 & 11.

    Thanks to all involved!





    spicy_guy
    10-19 01:37 PM
    Mine RD: Sep 3rd
    I have booked tickets for Nov 18th.
    I think I can wait until this month end to start expediting process. I will have 17 days window.

    What do you suggest guys? Is that a reasonable time or I should start right away?

    Thanks



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