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  • number30
    03-29 06:02 PM
    You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.

    Yes That is the way. You have three years to ammend your tax return. It is simple and common




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  • arjunpa
    10-07 12:28 PM
    Thank You all for the valuable inputs.

    I have an update.

    I received my H-1B approval for one year but my I-797 arrived without and I-94 and an attached letter quoting reasons for denial of my extension of stay. The following reason was quoted,

    H-1B status of the beneficiaty with previous petitioner is valid until March of 2010, but our records indicate that the petiotioner revoked H-1B on May 5 2009. This was followed by a new petition that was initiated by the current petitioner on June 26 2009, since there is a 71 day period between the last pay stub with prev. petitioner and the current application, the beneficiary has been denied an extension of stay.

    The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.

    Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.




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  • sh2005
    08-13 10:43 AM
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.


    How about the processing date that was shown for your service center? I applied my I-485, EAD and AP in May (got my RN in may as well). The processing time for EAD and AP is shown to be March 26, 2007 for NSC. But, I recently got my EAD approved and an RFE for AP. So, is the website for processing time not updated as accurately as it made to be seen or somehow some applications (like mine and yours) bypass the FIFO?

    On a separate note, I got an email that an RFE has been issued for my EAD, but I already got the EAD card in hand, before the RFE was issued!!!




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  • singhsa3
    07-20 02:04 PM
    Then why do they have two separate forms
    It doesn't matter. You can file G-325 or G-325A.



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  • freedom_fighter
    06-24 09:44 PM
    what is ur priority date, EB2/EB3 and how much time for u to reply the RFE?




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  • CADude
    03-19 11:24 PM
    I talk to USCIS CC/IO last week. She told me that it will take approx 90 days to assign my case to AO. So my case is still getting dust on room and not with officer. It's sucks but wait continue...
    PD: July 2001 (EB-3 India)
    RD: July 2nd 2007
    ND: Oct 10th 2007

    I have bigger problem to worry about. I am process of lay-off from employer whom I am working last 7 years. :)

    I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.



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  • eb3_2004
    11-09 12:57 PM
    I finished this survey!!!




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  • Aah_GC
    06-19 07:51 PM
    If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).

    If anything try to negotiate your external title with your prospective employer.

    Good luck, can understand your frustration.



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  • rajpatelemail
    12-15 09:31 AM
    I am lil bit concerned how his spouse I485 eill be dealt.

    With AC21/H1transfer , i guess her status is also fine.




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  • kondur_007
    10-30 04:06 PM
    In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.

    As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.


    Thank you very much for sharing this information, this is a very good point; I never thought about it.



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  • cahaba
    04-13 12:36 AM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.




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  • flexi
    04-10 10:47 AM
    Thanks, Raysaikat, I hired a lawyer and that's what they are referring to (see below - I guess i'm just posting this for other since you obviously know this).

    From waht i gather, one can have concurrent H-1Bs and work for two employers in H-1B status. It would require filing a concurrent H-1B portability petition to start with employer B. I guess, normally they would revoke H-1B status but in that case won't. With the new employer they'd request concurrent employment so USCIS will know about two employers.

    I guess the only question with this is timing of my travel plans to Germany - i.e. could one do file this now and then get the new stamp while in Germany..... Whoever said this ain't complicated????



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  • hopefulgc
    07-20 02:04 PM
    One has 2 pages the other has 4 pages
    Shouldn't really matter.. unless the IO is anal about it..
    I would send in a G325A along with a cover letter stating my full name, SS, alien #, if any, just to be safe.




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  • jettu77
    11-19 10:04 AM
    I also received only 2 AP papers. Does it matter.

    I checked my case online on 11/09/07 and found that AP of my spouse and
    myself have been approved.

    Today my attorney sent the document and on my spouse's AP document
    the Date issued is //199 at the top right corner. It should have been a correct date and not //199

    and in the paragraph below

    .....presentation of the original of this document prior to //199 allows a customs....


    I think it is the mistake of USCIS and I will follow up with my Attorney and also USCIS on monday.

    If anyone had this same issue please reply as to what needs to be done.

    Thank you...



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  • Berkeleybee
    04-06 03:41 PM
    Before you get carried away please note that even in the Specter Bill people filing for status under Title VI have to

    (a) Wait for the PDs that are pending when the Act passes to become current.

    (b) If the current PDs do not become current in 6 years -- their applications will be "held in abeyance" till the PDs PDs that are pending when the Act passes to become current.

    I take the "held in abeyance" to mean that they might get I-485 filing privileges at that point but those applications will not be adjudicated.

    So you will not really get your green card after 6 years -- you'll be pending till all current PDs become current. Given that family PDs are still back in 1983 per the April 2006 bulletin, they won't be getting their green cards any time soon.

    The parity issue is really that Title VI recognizes that

    (1) worldwide and per-country quotas make no sense -- and yet, the immigrants who go through the arduous labor cert process that protects the American worker are subject to per-country quotas.

    (2) Workers should be mobile and be able to self-petition -- yet skilled workers going through the labor cert process are tied to employer AND job description for years.

    best,
    Berkeleybee




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  • Michael chertoff
    03-28 06:49 PM
    Wait for ITIN to be processed and once get the ITIN amend your tax filing.

    you seems to know everything man...whats your PD sir.



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  • Madhuri
    02-24 05:17 PM
    You first need to apply for SSN based on your pending I-485 application.




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  • BhanuPriya
    01-13 07:27 PM
    Hi All,

    Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
    1) You need to fill the form G-639 to get the I-140 documents.
    2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
    3) After filling the form, Notarise it (Your bank will do it)
    4) Attach all the documents with this form and send it to:

    USCIS National Record Center
    FOIA Division
    PO Box: 648010
    Lee Summit, MO 64064 - 5570

    5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

    6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

    I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

    Please keep in touch if you have any other details.

    Bhanu




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  • inUSA2000
    01-31 02:11 PM
    Get your degree evaluated by WES http://www.wes.org. or http://www.trustfortecorp.com/cou_evaluations.html

    They will do a course by course evaluation and will let you know if your degree is equivalent to 4 year US degree. I am not sure if they will evaluate aptech one but try it out. Keep this copy with you and incase you get a RFE, answer it with this report. There is high chances that it will be approved.

    I am surprised how your attorney did not do this before submitting the application.

    GOOD luck




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    Hermione
    09-27 10:55 AM
    [QUOTE=h1techSlave;174221]"Aligning with illegals will be benefitial to us." That was the philosophy that we have been following all along. The result - you talk to an average American and he thinks we are illegals. You talk to lawmakers (IV's lawmaker meeting attendees can confirm this) and the lawmakers think we are illegals. That is why we may have start thinking of another strategy.
    [QUOTE]

    So what??? You tell them you are not, and you go on talking about what you would like to have done. Then you talk to the undocumented lobby and get their support for your bills, then they contact their sponsor Senators. I see absolutely nothing detrimental to the cause of IV that some people think you are illegal - on the contrary I see a lot of positive in it, since all of a sudden you have a story to tell.



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