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  • quizzer
    11-15 05:32 PM
    Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.

    But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.


    Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.

    Any comments pls?





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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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  • eb3_nepa
    08-13 02:32 PM
    Thanks for Prompt reply.
    My application got delivered at 11:31 & Received by B GERKENSMEYER.
    Do u think I shoould file again using Lawyer before Aug 17?

    Guys,

    Please relax. There ae tonnes of people who filed on July 2nd who have not received receipt notices/checks cashed. We have all got to hang in there. Refiling without justified reason will only hinder your case especially the USCIS Receipt Updates clearly indicate backlogs for the receipts.





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  • vine93
    03-04 11:01 AM
    These type of memorandum every officer will know immidiately. Remember earlier many people posted in this forum when they called for Infopass appointment officer wasn't aware of any such ruling that he needs to approve I-485 if FBI Namecheck pending more than 180 days.



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  • WaldenPond
    12-30 02:02 PM
    For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.

    Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.

    Thanks,
    WaldenPond





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  • EndlessWait
    08-01 12:39 PM
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1819

    Good going.



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  • shirish
    07-31 04:00 PM
    Hi

    In my case, I used AP to enter US last year on oct 22 08. I-94 has a date of oct 21 09 so does the parole stamp. My AP has expired in Jan 09. I am NOT planing to go out.

    My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?
    Thank you in advance.





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  • ujjvalkoul
    07-19 11:36 AM
    LOoks like ur employer has not given you this (I-485 w/EAD)option. It may be that he wants to milk u a little furthur.



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  • vicks_don
    12-11 02:21 PM
    You are still on H1 status. Why do you want to apply for AP. Get your H1 stamped when you leave the country and you can get in on H1 status.





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  • xlr8r
    09-28 10:48 AM
    Yes. You can file another FOIA to get the I-140 approval notice.

    You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.

    A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.

    I hope this helps.


    I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??

    Again my original question can I submit another FOIA just to get the I-140 approval notice???



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  • 485Mbe4001
    04-30 12:28 PM
    ... does it imply that you can work abroad while your work GC is being processed... speculation, no doubt:rolleyes:


    According to the WSJ Article today (4/30/07):
    Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress

    http://immigrationvoice.org/forum/showthread.php?t=3900&page=49



    :confused:
    I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?

    I am really freaked out. Can someone please shed some light on this.


    (I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)





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  • glus
    11-12 10:33 AM
    Hi,
    I just asked my attorney if she had a direct contact with Mr. Opperheim, the person responsible for VB. If she does respond, I will provide the address / email here. I am writing to them. It does not make any sense. My opinion is that they are giving USCIS a December brake now. If the 485 report released by USCIS is true and reliable, the RoW dates for Dec should have been moved to mid or end of 2003 now.



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  • SertTurk
    07-18 02:20 PM
    Thanks for the reply.

    I am pretty sure we are in the last state but I will check that and make sure when I get home tonight. We have filled out forms called Packet III and sent them in. I was told that we are waiting for a gereen card number available so we can get a consular processing date. And I tried calling immigration couple time with our case number starting ANK...(for Turkey).I was told by them our case was approved too...

    It has been much more then 6months...so you are saying that she can change employers.Very interesting...The lawyer told us otherwise.





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  • prince_waiting
    04-14 05:00 PM
    hi prince,
    regarding ur post, there is a correction.

    holding an Approval notice alone is NOT a valid reason to bypass the transit visa in germany.

    holding a valid visa or Adv parole is good . but not just an appr notice.


    thanks

    The text which I have posted on this forum is directly out of the email I received from the German Embassy helpline.



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  • rkat
    02-07 03:47 PM
    Thanks again for all answers - Another Q that i had is - i am applying for a extension of my H1 Visa. My current validity is till June 2008. My 6 years will be completed in August 2009. I have a approved I-140!

    My Q is - can i apply for a 3 year extension right now based on my 140 approval.? That is - can i extend H1 from July 2008 till June 2011..?? OR do i have to wait to complete all 6 years till i can use the benefit of the 140 approval for H1 extension?

    Thank you!





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  • Saralayar
    10-10 03:44 PM
    November's visa bulletin is a wild card. Can expect anything.
    Something or Nothing...:D:D:D:D



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  • AK01
    02-13 12:38 AM
    No, experience from current company does not count.


    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."





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  • rsayed
    02-21 08:53 AM
    :p

    This (the CIR being discussed in the Senate) has happened atleast twice in the past (as per my knowledge) - This is nothing new.

    It hasn't happened, till it's happened!!!





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  • whoever
    07-20 02:09 PM
    actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.





    sac-r-ten
    01-11 08:57 PM
    If issue arises with I485 while i EAD, that would a big headache of replying RFE or opening MTR etc in timely fashion. EAD/AP stand cancelled if 485 is denied.





    ca_immigrant
    05-16 04:17 PM
    thanks for the replies again...

    Guess if mailing out of the country is an option I should ask my friend to do it, guess FEDEX or UPS is quite reliable.

    So If I am lucky and my case gets picked/approved while in India then I can get the card mailed there...

    but in any case, I have asked my company's lawyer also, will post here once I hear back from him...

    Now begins another waiting game ...



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