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  • rpulipati
    09-11 05:03 PM
    See ya all there!





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  • punjabi
    10-09 04:26 PM
    Your question has also been answered here:

    http://www.murthy.com/news/n_faqrec.html





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  • LostInGCProcess
    06-17 04:04 PM
    Hello,
    While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
    My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
    His title in both jobs is Sr Software Engineer.

    He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.

    Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.

    Just my 1 cent :D

    *Disclaimer*
    I am not an attorney. Please take advice from an attorney. :cool:





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  • mhssatya
    04-28 08:56 AM
    hyderabad,
    My file is moved to atlanta and my lawyer is from there as well. Where as i'm from virginia. It's been 8 months and I still haven't been called for an interview. Should I be proactive and do something about it or just wait for the interview letter?

    Appreciate your response.


    Hi mhssatya,

    Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.

    I had interview on Mar 30th on I-485 Interview,

    Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.

    Before itself I moved new employer uncer AC 21 portability.
    We applied MTR on I-485 and thet is approved.
    After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
    Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.

    Thanks



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  • mrjonie
    03-09 05:20 PM
    Received by USCIS on June 4th 2007. Have been waiting since.
    So 400+ days for me too...

    I totally agree with all you guys on the delay in 140..I was also in the same situation...Applied 140/485 in the July/August 2007 fiasco in EB3 (PD Dec 2006) ..After a long wait, received a mail on Feb 26th 2009 , stating that my 140 is approved...

    Good luck to you follks..lets hope for the best...





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  • kannan
    07-21 03:02 PM
    Has the legal name of your company changed in the recent times. It happened in my case (used to work for a big 4 firm), the I-140 petition was filed with the name "123 extended business services LLC". Later the company lawyers applied another I-140 was filed with a name of "123 Consulting extended business services". Both my I-140's got approved within a gap of 3 months.



    Actually this is my previous employer I-140. I ported the PD only.Do i have to worry.



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  • fromnaija
    04-05 05:08 PM
    I have answered that question many time on this forum. USCIS, lawyers and other forum guests have not been able to answer the question of what happens to an H1 extension when the underlining I140 is revoked. So I guess the H1 is not revoked.

    That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?

    I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.





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  • polapragada
    10-23 05:56 PM
    This seems pretty amazing. I wonder how it will play out in action.

    "On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
    Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.


    * WHO WILL BENEFIT FROM THE NEW LAW?
    Not only does the new law eliminate the infamous "widow penalty", it does so much more!
    When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
    There are few options for surviving relatives:
    For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
    There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.

    1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
    2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
    3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
    4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
    5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
    Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.

    ........
    * EXAMPLE #4 - Employment-Based Petition
    Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".





    * CONCLUSION

    The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
    However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."

    http://shusterman.typepad.com/nation...y-members.html


    It is very good law...Thanks for sharing..



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  • santb1975
    10-02 01:40 PM
    I thought we will have lot more responses with all the dedicated volunteers we have in So.Cal





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  • bogati
    07-27 11:45 PM
    Hi there,

    In my experience, Maryland Driver license is the easiest license to get. I moved from Ohio when I was on Student OPT. I had Ohio Driver license and I went to Maryland DMV and got license for 5 years. I am wondering why you did not get Maryland license.



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  • bkshres
    10-07 01:06 PM
    Hi,

    I recently moved from Ohio to Maryland. But Maryland DMA is saying that they can not issue Maryland driver's license based on my Ohio license BECAUSE my Ohio driver license has "non renewable/non transferable" note in it. In Ohio for all non-immigrant, they give driver's license with "non renewable/non transferable" note. Until someone gets green card, the note will be there in Ohio driver's license.

    Did anyone have similar situation moving from Ohio to different state? This is strange rule in Ohio. but now if I have to get driver's license in Maryland, DMA is saying that I need to start from the beginning like fresh driver starting from driving school, certificates etc etc.

    Please help.

    Thanks,
    BK





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  • arukala
    01-30 12:33 AM
    Thank You so much TwinkleM for your answers

    -Ravi



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  • desi485
    03-24 02:19 PM
    Now everything is queued..... no more cutting lines.

    no more lc substitution!!! isnt' this was already done last year??? :confused:

    were you sleeping? why there is a sudden new thread today?





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  • Prashanthi
    09-04 01:34 PM
    HI All,
    I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.

    So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I don't have any travel plans at least a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.

    The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.



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  • mdmd10
    09-16 01:35 PM
    Did you see any LUD prior to this email?

    No LUDs. Just got our approvals on the 14th around 5:30 PM. I did have a pretty benign RFE for EVL to which we replied on Aug 12th and there were subsequent Soft LUDs for 6 consecutive days until 8/19.

    I'm guessing its been around a month since we responded to my RFE and since my case was under review, they may have picked it eventually.





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  • GC_ASP
    07-20 08:25 AM
    You don't need any support from your ex-employer for your wife's 485. But you need your 485 receipt for this along with the affidavit and marriage certificate.



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  • gcdreamer05
    01-17 12:27 PM
    great glad to know your problem was solved.

    Hey man thanks for coming back and positing the solution and that useful info for others.:)





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  • Rb_newsletter
    12-22 02:19 PM
    I just saw this posting in murthy site and thought of sharing the info here.

    MurthyDotCom : 221(g) Visa Stamp is Considered a Visa Refusal (http://www.murthy.com/news/n_221gst.html)

    It looks completely ridiculous for me. Why should it be considered refusal after approval stamping?





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  • Milind123
    07-27 12:31 PM
    Instead of starting a new thread. I would appreciate if someone answers a few questions regarding Check details that we send out to USCIS.

    Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.

    Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.





    karthkc
    05-24 12:38 PM
    You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...

    Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..

    This is such a grey area, I bet even USCIS is not clear on what they would do...

    Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?

    I think u need to start afresh a new one only if you are out of country for one year.

    Folks, if any one has done this please corraborate





    sapota
    10-15 02:19 PM
    I am actually amazingly surprised by the phone customer service that USCIS is offering now (I remember having to dial INS phone customer numbers only to get constant engaged tones). Talking to a customer service rep will give you up to date status of your case (online status is not most updated).



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