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  • aguada
    11-09 11:40 AM
    My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013

    My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.


    Here are the chronological events

    Date on which my H1 revocation notice was sent to USCIS: 7/28/2010

    Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010

    Date when my employer was informed by lawyer's office about revocation: 10/24/2010

    Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.

    Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.


    I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.

    References:
    MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
    MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
    MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)

    Section 245(k)

    Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.


    Will this 180 days 245(k) clause help me in anyway?

    How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.

    Thanks





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  • rvr_jcop
    04-29 01:42 PM
    I think it means , can enter country with H1B visa stamped before entering, if Advance parole is not there

    What if you have AP but not used it, instead used the re-validation rule to enter into the country, using H1. Would that invoke abandonment of 485?





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  • mhkumar
    07-14 03:58 PM
    It used to be required only for Mumbai Consulate. But I think Hyderabad has also started. Please check

    I think it is only for Mumbai Consulate(as mentioned in VFS (http://www.vfs-usa.co.in)).

    "For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."

    No where it is mentioned that HYD consulate has started. Where did you find it?





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  • GotGC??
    09-06 07:20 PM
    It looks like it has been transferred to NSC. Probably because your AOS is filed there, but more likely because you're from a region administered by NSC. Could you please confirm if that's the case. 450+ days is just ridiculous, but hope this change is one in the right direction.

    Hi Guys,

    I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: This case has been sent to another office for processing.

    On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.

    It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?

    I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...



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  • Blog Feeds
    11-18 03:00 PM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    On November 12, 2009, U.S. Customs and Border Protection (CBP) launched a 30 day pilot program to test the entry process for travelers under the Visa Waiver Program (VWP) from Auckland, New Zealand to Los Angeles International Airport. The program automates the arrival/departure of travelers with an approved Electronic System for Travel Authorization (ESTA) for travelers on Air New Zealand Flight 6. Travelers on this flight will not need to fill out the paper I-94W.

    The VWP allows nationals from VWP countries to fill out an ESTA application prior to traveling to the United States to determine the traveler’s eligibility and whether such travel poses a security risk. The ESTA application provides basic biographical, travel, and eligibility information and must be submitted online prior to traveling. There are currently 35 countries eligible to travel to the United States under the VWP. Travelers under this program may enter the U.S. for either business or tourism for up to 90 days without obtaining a visa.

    To view the list of VWP countries please visit the CBP website at www.cbp.gov (http://www.cbp.gov).





    More... (http://dfwimmigrationlaw.clarislaw.com/temporary-visas/pilot-program-for-travelers-on-flight-6.php)





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  • saravanaraj.sathya
    08-22 05:55 PM
    You ve 2 options:

    a. Apply COS from H1 to L1 an H4 to L2. But I am not sure whether you can revert back to H1 at a later date.
    b. Exit USA an re-enter using valid L1/L2 visa.

    I am in a very Bad situation it seems, please help.

    I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.

    In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.

    I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)

    Please help



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  • pramodirt
    12-06 11:49 AM
    Hi Thanks SGP for the response.

    I applied to Vermont.

    In case if I wont get receipt notice by Dec 15, is it ok to leave US on Dec 15th or I have to leave US before Dec 15th?





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  • pappu
    10-16 12:43 PM
    If you are suffering from Namechecks and have a compelling story, pls post in brief on this thread. We will use your stories while speaking with lawmakers and reporters. You may also be asked to speak to the media. Please make sure your profile is complete. No anonymous members please.



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  • raysaikat
    08-25 11:09 AM
    I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)

    - Can anyone share their experience at the Munich consulate?
    - or, should I plan going to Canada and trying rather taking the risk in Germany?

    thanks,

    I have experience with Frankfurt. They gave me 221(g) for security clearance. I had to wait in Germany for nearly 2 months. I think the likelihood of getting a 221(g) will be high.

    Wherever you go, be prepared for 221(g) and a lengthy wait (3-4 months). I.e., make sure you have the resources to stay for that long a time wherever you decide to go.





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  • greener_pasture
    11-07 01:59 PM
    My application was received on July 3 at NSC. Till now, I haven't received any notices. I got the RNs by calling USCIS.

    Now, I placed an expedite order on my EAD on Friday. They sent me a mail saying my app was received on Oct 10 and not July 3 (yeah right! if it was oct 10, why would you even accept it?). So I faxed them the fedex delivery signature confirmation. Today I see a LUD on my EAD app but nothing else has changed.

    Can anyone shed some light on what might possibly going on here? I can probably wait for some more time to find out for sure but I am curious. Guys with approved EAD - did you see a LUD on your app before it was approved?

    Thanks



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  • Sakthisagar
    04-16 11:11 AM
    Good Read

    http://www.nfap.com/pdf/1003h1b.pdf





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  • sunny1000
    03-18 09:08 PM
    I have sent the request for renewal of my and my wife's advance parole to the USCIS about 10 days back.
    Following is the list of documents that I have sent, along with a fees of $360, online (each)
    - Copy of the Confirmation Receipt notice.
    - Copy of I-485 petition.
    - Current Status of I-485: Case received and pending.
    - Copy of I-94.
    - Copy of current approved I-512L, authorization for Parole of an Alien Into the United States.
    - Copy of Passport.
    - Two photographs.
    - Copy of Drivers License.
    Do I need to send any fingerprinting document?
    Is there anything else that I need to take care of related to this request for advance parole renewal?
    I really appreciate your help in the matter. I got the receipt from USCIS.

    I sent my EAD copy as well.



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  • Pagal
    03-01 06:03 AM
    Hello,

    Sorry to read that! May your son have a speedy recovery...

    Here are some considerations:
    IF you are laid off .... in this economy, if you are still holding your job, then the chances of you losing it are low, so be optimistic.

    But, in case you are laid off:
    a) How would you support yourself and family in US plus your son's medical bills? Wouldn't it be cheaper to be in your home country (unless it is UK/Europe)?
    b)The only visa that I can think of is the visitor visa, but on that visa, you can stay in US only 6-m at a time

    Good luck!





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  • h1techSlave
    03-28 08:32 PM
    6800 Canadians immigrate to the US?? I wonder what is their motivation?

    I am happy that no EB visa got wasted in 2007. The first time in the last few years?



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  • sympa21
    05-16 05:49 PM
    Hi I'm a Moroccan citizen I was placed in removal proceedings (NY Buffalo) and took voluntary departure. once my wife's divorce was finalized we got married while on voluntary departure. we filed motion to reopen the case and it was reopened and transferred to Los Angeles, CA then the judge closed my case based on marriage with an I130 receipt without prejudice. The I130 was filed on june 2009 and was transferred to Los Angeles on November 12, 2009. I made an appointment with Info Pass but they just said you have to wait untill we call you. My lawyer said I can't file for the I485 untill the I130 is approved. My question is: How long will it take before we will be called for an interview?
    An estimation will be much appreciated thank you very much.





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  • wonderlust
    07-30 01:28 PM
    I don't have a lawyer. I will do the correction myself when I get the receipt.
    Good luck to you.



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  • inr
    08-05 02:42 PM
    Why you take lawyer's help for this simple thing. ?
    Almost everybody renewed EAD/AP by themselves.
    EAD/AP filings must go to your I-485 processing center.
    I think, if the lawyer send to wrong center, it will redirect to the correct center, there will be a time delay for this.


    Same here! Our lawyer send our EAD,AP renewals to NSC,even though my 485 is pending at TSC(Last July got transferred from NSC).Till far no LUDs no any thing regarding them.I applied on June 30th and till far no update.Is this normal?





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  • jeda
    07-01 06:19 PM
    Dear All, Received the magic email today. Good luck to all of you who are waiting. You will get it, hang in there. Below r my details.
    Eb2-I PD Aug 05. 140 approved in 2006. Only one FP done in 2007. LUD in 2008. No RFE. Case filed in Nebraska. Never enquired case status with USCIS and never filed SR. Note : Employer is small desi consulting co. with 30-40 employees.





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  • immi_2006
    08-11 04:44 PM
    You need to send your wifes application where your 1-140 is pending or approved.





    hmj9381
    08-19 04:50 AM
    Hi,

    I am a dependent of my parents who are currently staying in the U.S. with E-2 Visa. We have stayed in the U.S. for almost 9 years now and we are trying to get a Green Card.

    My parents have already filed and received an approved I-140, but my parents say that we have to wait couple years before being able to file I-485.

    I don't quite understand why there is a delay between receiving an approved I-140 and filing I-485.

    It seems like everybody either files both I-140 and I-485 concurrently or file I-485 immediately after I-140 is approved.

    So, my question is: Is there usually a span of time that applicants must wait before filing I-485 after getting their I-140 approved?


    Thanks a bunch,
    --HJ





    gc2
    01-11 02:02 PM
    you dont have to withdraw 485 for dependents as it will automatically expire. In some rare cases USCIS may allow applicants who have stayed out of US beyond AP expiry date to reinstate AOS application but that is at the discretion of the officer. it could be humanitarian grounds.

    if you can get 2 yr multiple entry AP, that could probably reduce your renewal frequency.