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  • Hi all,

    ... did not inform him while leaving his company and joined another job...

    No matter how bad an employer is, one should inform before quiting...atleast one day in advance!

    Bring IRS in to picture, let them deal these kind of cases...U should be OK in getting W2

    Don't worry about losses and cases, it will cost him more if he gos to court.

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  • NSC: July 3nd 2008

    FP : Aug 1, 2008

    LUD on AUG 3, 2008

    EAD for me, wife and son.. No signs of approval yet

    I filed EAD for me and my wife online on July 08.
    FP: Aug 02,2008
    LUD:Aug 05,2008
    still showing pending status.

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  • I am more curious to know if you can use the EAD in conjunction with the H1B (working 2 jobs 1 on H1B and one on EAD).

    This question was explictly asked by AILA to CIS in one of their monthly calls and CIS said they would get back on this. In other words, at that time, their position on this was not even clear to them.

    This is why we see conflicting opinions on this topic from different attorneys. Some say the H-1 is gone and some say it is not.

    Personally, I think it is possible to use both simultaneously and I think some people are already doing it.

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  • Myself and my wife sent letters to President and ImmigrationVoice


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  • I have a pending AOS (I-485) application
    filed by my previous employer (company A). The I-140 is approved and is well
    past 180 days. I moved from company A to company B in late April
    2008. They did an H1 transfer and filed for AOS portability under
    AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
    be filed). Just before I moved, I got another offer from company D
    (which I believe best fits my long term career interests). I would've
    avoided the hop to company C had I not given the notice to leave at
    Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
    been at company C for 4 weeks now.

    Should company C file an AC21? Since there is already an AC21 on file (by
    company B) and if I will move to company D, can I reduce one additional AC21
    filing? This is just so that there aren't 3 Ac21s filed and to avoid
    making me look frivolous. Please advice. If its safer to file it, I
    can request an AC21 filing soon from company C.

    I'm not sure about your question. I want to congratulate you on getting multiple offers in this economy.

    Just curious to know your skill set and location?

    All the best!!!

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  • Tri-Valley University Faculty Members (
    Dr.Susan Xiao-Ping Su Tri-Valley University (

    Founder is Chinese. Most of the faculty is also Chinese.

    This is fantastic :). Indians are still stuck with hole-in-the-wall body shops, and the chinese have an entire university to beat the immigration hurdles. Chinese genius is far superior.

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  • Maybe your I140 was withdrawn by the company A.

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  • I had an infopass appointment in NY to get information on my case (specifically concerning the FP/Name check status, have received my EAD, AP). Although the officer was very courteous and seemed patient, he thought I had come there too soon for the inquiry. I got very sketchy information. He said one should wait at least 6 months after the 485 RD (mine is June 2007) before beginning inquiry (shoot me, I went a month too soon), and that it usually it takes a year (or more) after FP to get the GC, so I should not worry too much about my case for at least one more year.

    He said there is nothing to worry about and that there are �many small small things� that have to be taken care of after FP and FBI name check clearance before one gets the GC. I asked him what are the other �things� that need to be taken care of following the clearance on name check, but didn�t get an answer (�just small small things� is what he said again). I had to repeat my question about the status of FBI name check on my case three times during the conversation before I got an answer which was vague anyways (nothing�s been done yet). I was hoping to get some kind of information with regards to the status in terms of the search results (no record/hit etc.) but I didn�t get any information at all, so it was a disappointing meeting for me.

    Some pointers:

    *Have your print out of the appointment confirmation ready before you enter the building-the security officer outside the building checks it to verify that you indeed have an appointment there.
    *The queue at the entrance for security check was long, so make sure you reach there well ahead of the scheduled appointment.
    *There is one more counter in the lobby (and one more queue) where you get your token number for the infopass room. They asked to see the appointment confirmation receipt here as well.
    *The infopass interviews are held on the third floor. I waited for 30-35 mts. before my number was called.

    P.S. Received EAD card at home address and AP documents at the law firm address.

    When did you get your First LUD on AP and When did you get physical AP?

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  • i think CP filers have a valid point to argue for relief. clearly there is an injury to CP filers as the dates were moved forward creating the impression that they will continue to do so or at least hold steady. legal opinion was also in favor of CP based on individual circumstances in many cases. many of these filers already underwent a lengthy BEC process, which newer Perm/I-485 filers never went through. the government flip flop is the cause of this additional injury.

    instead of asking for specific fixes to be put in, CP filers should articulate this problem clearly and get legal opinion as to possible relief measures.

    great point mr internet then I think CP filiers should other way to make their efforts and should not participate in letter campaign since there are lot of people who are waiting in CP queue.....anyway are you seems to me from your reply:rolleyes:

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  • Case Rejected because of Incorrect Fee


    I am asking this question in this thread as i dont know how to start new thread.


    My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:


    Current Status: Case Rejected because of Incorrect Fee

    On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.


    Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...

    The question here is:

    1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case

    2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?

    I am confused...

    Appreciate your inputs



    can you pls. open a New Thread and post your Query please. This Thread is used for a different reason.


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  • Report back

    Two people from the CA group met the Constituent Services Manager at the Congresswoman's office. The staffer was very familar with Immigration issues, and the functioning of backlog elimination centers. It was a fascinating meeting at a very personal level with good exchange of views. It is good to remember we meet as individuals with our own histories, struggles and successes.

    On IV goals

    There was more agreement on some of IV's goals than others. For example it might be easier to "Automatically recapture unused EB Visa number from previous year." That goal may have better chance to win out. So we may need to move this item up. So in terms of priority, starting with what the staffer agreed with, Iv's priorities would something like this.

    1. Transparency of DOL-BEC and USCIS functioning.

    2. Automatically recapture unused EB Visa Numbers from previous years.

    3.Convert all 1 year extensions of H-1B, EAD, and Travel Document (Advance Parole) of applicants in backlog to 3 year extension.

    4. Ability to file I-485 even without Visa Number availability

    5. Allow applicants with advanced degrees from the US, or who have worked for more than 3 years in the US on H-1B, to automatically apply for adjustment of status without regard to EB annual limit.

    6. Eliminate dependents from EB annual limit.

    7. Increase EB annual limit.

    We shared the Ombudsaman's report and the couple of pages from the President's economic report of 2005. They were both very useful. It was the first time the staffer had seen the Ombudsman's report. The staffer wanted to use these at at a meeting she is attending :) Thank you IV team, especially Berkeley Bee for ferreting out key bits of information.

    On speeding up Labor certification

    When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?

    The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.

    One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.

    Finally, the staffer will let the congresswoman know our concerns.



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  • I think IV should lobby to have the DREAM Act applied to all children, whether legal or illegal.

    I am a legal skilled immigrant, came her in 1995 and still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?

    Agree with you ... They say things like kids should not suffer for actions of their parents .. Why the same logic is not applied for legal kids.

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  • I also voted No to HR 1868

    Guys go to this website and sign up and vote yes for this bill.

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  • Why do we have to go into 'Contributions' issue on every thread? Just dedicate one thread for donations and be done with it.If it's so itching then can we open a Donor-Only thread?:)

    Guys, We are all in it together---We can only get out together-No matter what the numbers say.

    Remember vdlrao's predictions last year? it's the same logic, It made perfect sense then, just as these numbers. I'm not questioning the logic or the numbers here.


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  • The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.

    Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.

    ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.


    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.

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  • Hi,
    I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?

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  • Coming soon..Rated R, for SCARY IMAGES....will make EVERYONE cry!!
    Playing on a computer screen near you!!!.....

    'V-I-S-A B-U-L-L-E-T-I-N...DECEMBER 2009"

    *Disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for EB-XI/C, EB-3 ROW.Country of birth restrictions apply.

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  • If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
    No she cant becuase her visa appointment is on Aug 13.

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  • Just to be safe: I'd suggest that you contact your lawyer regarding this.

    After which, try and see if you can contact the same person at ICE.
    (Wouldn't want this to become a "reason" later.....for any issues, like someone to claim that you were a "no-show"...)

    Another possibility might be that it still might be a hoax.
    Some colleague@work might be aware the person's name who came by 2 months ago.
    They might have decided to have fun with that info.....

    my 2 cents....


    when did this happen to you? Is it in the recent past or way back, looking at your post, it seems it was way back. Please confirm as lot of us think this is a recent development as we haven't heard anything about this until this thread.

    I agree. No filing for 485 hence no Fee for USCIS. Also does this increase in fee mean in increase in effecieny :)

    Well, everyone wishes the rumour to be true.
    But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.

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