Saturday, July 2, 2011

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  • rayoflight
    02-22 02:58 PM
    @Admin: Please delete the reply from VSS as it contains words which are politically incorrect.

    @VSS: Please refrain from bashing "undocumented workers". If you have an answer reply if not dont.


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  • GCBy3000
    06-22 10:46 AM
    We will sit idle and they will sit idle till the PD moves. Once the PD moves, they MIGHT get some 485 applications to process. Since the PD is retrogressed four to five years last year, most of the people with PD till the end of 2003 have already filed 485. The movement of PD until 2003 end will add some 485 to USCIS.

    The real fun to watch is when the PD moves beyond Jan'04. The service center will be flooded with 485 applicaitons and the flood will keep on increasing as the dates move. Lots of permutations and combinations are invloved in this scenario.

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  • Mallika
    06-27 05:39 AM
    Dear Experts,

    My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
    1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
    2. For extension filing, don't I have to be physically present in US?

    I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!

    Thank you!

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  • rbashir
    02-16 10:54 AM
    If the labor cert has been filed, approved and the I-140 has been filed, I think you can file for an extension of the H1-b. I was advised the same by my attorney, but by the time we filed for the extention, my I-140 was also approved (rather quickly).

    You should contact your immigration attorney right away.

    But what about extension based on appeal


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  • Ann Ruben
    02-01 09:50 PM

    Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.

    As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.

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  • jelo
    02-10 10:31 AM
    Just could have been a clerical error. Even this is my guess. Because I am running out of reasons for triggering that question.
    Thanks alot for responding


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  • GCKarma
    07-20 02:40 PM
    well my responsibility would change from technical to more managerial stuff, in that case I can not move EAD?

    Can we change job using AC21(I-140 approved , I-485 pending for more than 180 days ) on H1 without using EAD.(so that future wife can come on H4 )

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  • dazed
    11-20 01:28 PM
    My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.

    Thank you.


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  • sukisharma
    07-21 07:39 AM
    Thanks for your reply.
    By amendent, you mean we should send a letter with the additional document after we get the receipt? Will USCIS be able to match this additional document with the original file?

    Has anybody done this before? Is there any official regulation on amendent?

    Thanks a million for your help!

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  • badluck
    08-02 11:22 AM
    I dont think so..Fingerprinting is necessary


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  • newbee7
    07-15 08:04 AM
    The whole process in complicated and needs a lot of back and forth btwn hr/attorney. Most attorney's will take 4-6 months at min.

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  • pd_recapturing
    04-21 11:26 AM
    I am also in same situation where my salary is much less than what is mentioned in LC. I am not sure if its going to affect my 485 application. I have got my 140 approved though. I have asked this question to attorneys and forums and everybody has the same opinion that GC is for future job so it should not matter if one's wages are not matching with LC.


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  • Leo07
    01-18 12:29 PM
    I rarely post/quote other forum threads here...this is an exception. I think it's a good post/comment from miceelf ( msg 34) on Ron's site:

    Please forgive me if it's offending to anyone:
    February Visa Bulletin (

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  • STAmisha
    08-27 05:47 PM
    It is called interfiling. You can use a new 140 (approved or pending) to replace the existing 140 (approved or pending) for an I-485. Even though the common perception is that the PD must be current, it is not true (per Murthy).

    I'm not a legal person, please verify from an attorney


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  • askreddy
    07-26 02:34 PM

    Even I changed my address last month. No RFE.

    Now Again I want to chnage. I want to know If I just submit AR11 online, without updating the pending applications ( not expecing any communication for CIS next couple of months). Will they look in to AR11 and issue RFE(If at all).OR it is just a record no one care unless you chnage the pending applications.


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  • chanduv23
    03-14 06:02 PM
    IV Members from Nebraska,

    I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.

    Way to go jnraajan - keep your spirits high, the chapter will evolve.


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  • velan
    04-30 10:35 AM
    Good find.

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  • Macaca
    09-14 10:11 PM
    /\ /\ /\

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  • RadioactveChimp
    04-09 02:42 AM
    lol mine is soo bad compared to other people's hehe

    06-27 01:23 PM
    Yes, go ahead and upgrade your pending H1 extension to premium processing. As per the law, USCIS can deny your H1 extension if a 485 is pending at the time a decision is taken on the H1 extension petition...This is a possibility only if they check if a 485 is pending while they adjudicate your extension petition.....

    02-22 08:43 AM
    Over 500 Indian guest workers sue US company for human trafficking - The Times of India (

    HOUSTON: Lawyers for a group of Indian guest workers, trafficked to the US from India to work in shipyards after Hurricane Katrina in 2005, have sued an American company, Signal International, along with its co-conspirators and other entities for human trafficking and racketeering.

    If class status is granted, the lawsuit could be the largest human trafficking case in US history, the American Civil Liberties Union (ACLU) has said in a statement.

    Workers were allegedly lured here with dishonest assurances of becoming lawful permanent US residents, the statement said.

    The ACLU joined a class action lawsuit brought on behalf of over 500 guest workers from India charging that the workers were trafficked into the US through the federal government's H-2B guest worker programme with dishonest assurances of becoming lawful permanent US residents and subjected to squalid living conditions, fraudulent payment practises, and threats of serious harm upon their arrival.

    The complaint alleges that recruiting agents hired by the marine industry company Signal International held the guest workers' passports and visas, coerced them into paying extraordinary fees for recruitment, immigration processing and travel, and threatened the workers with serious legal and physical harm if they did not work under the Signal-restricted guest worker visa.

    The complaint also alleges that once in the US, the men were required to live in Signal's guarded, over crowded labour camps, subjected to psychological abuse and defrauded out of adequate payment for their work.

    The ACLU charges that the federal government has fallen short of its responsibility to protect the rights of guest workers in this country.

    According to the lawsuit, the treatment of the workers violates the Victims of Trafficking and Violence Protection Act (TVPA) and the Racketeer Influenced and Corrupt Organisations Act (RICO).

    In addition to the federal court litigation, in partnership with the ACLU, the workers have testified before the UN special rapporteur on the human rights of migrants, the UN special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and senior staff at the UN Office of the High Commissioner for Human Rights.

    Signal, a marine and fabrication company with shipyards in Mississippi, Texas and Alabama, is a subcontractor for several major multinational companies.

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