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  • sanjay02
    12-18 06:45 PM
    Hi
    Does any one know what this message means? I am pasting it below, I havent opted from consular processing then why would my I-485 go to NBC? I am a July 2007 filer for my I-485

    ------------------------------------------------------------------------
    On December 18, 2008, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. 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. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.





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  • martinvisalaw
    04-09 02:07 PM
    The employee cannot pay any of the PERM costs - ads, attorney fees, etc. The employee can pay any part of the I-140 and 485 costs.





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  • danmansukh
    02-06 11:05 AM
    Question1) Is there anything like a H1Btransfer or is it a brand new application??

    Yes, company B will need to file an H1 transfer

    Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?

    H1 B transfers are not counted against teh 65, 000 quota.

    Question3) When can I start working for Company B?

    Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?

    You can start working with Company B once you get the receipt of filing. There is no need for you to join company B even after they have filed for your transfer. - you can continue to work with company A.





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  • kondur_007
    05-15 08:42 PM
    The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.

    I second that.

    As long as your H1 "status" is valid (I 94 is not expired and you are working for H1 job at the employer that is mentioned on I 94), your family members will only need copy of your approved H1 (form 797 with attached unexpired I 94). They will get their visa without much problem.

    Good luck.



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  • jijiewang
    02-08 09:10 AM
    Hi attorney,

    I know the question sounds weird.

    My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.

    I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?

    Thanks.

    Jijie





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  • neeidd
    11-12 06:51 PM
    Please send an email to info at immigrationvoice.org with a proof for your continuing subscription for us to check the records and fix this.
    Thanks for your reply, Pappu



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  • ssg.gcl
    10-12 04:44 PM
    Thanks for your response.

    But both of my labor certifcates are from the same company. I read somewhere I-140 is for intending to employ me. How can they employ me in two categories one on EB3 and one on EB2.

    Do you see any disadvantage if I file both from the same company.

    Thanks.





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  • eb3_nepa
    07-01 11:45 PM
    Ok Guys enough "PREDECTIONS" now go to bed.

    Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.

    Go to sleep and remember that we DO have day jobs.



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  • cache22
    01-25 11:06 PM
    Please consult a good lawyer
    like
    OH at immigration-law.com,
    Carl Shusterman,
    Shela murthy
    Rajiv Kanna

    Please refer
    http://www.murthy.com/485faq.html

    I have the extract from the website

    Question 4. What is a travel document and do I need it?

    ......
    ......

    Please note that one who is out of status is generally advised not to travel abroad until the Adjustment is approved. A person who has accrued 180 days of unlawful presence and then travels abroad would not be readmitted to the U.S. for 3 years. For a one-year accrual or more of unlawful presence, there is a 10-year bar on reentry. The advance parole document would not protect one in this situation. Since 2000, the AP contains a specific warning about the 3-year and 10-year bars. Individuals should seek attorney advice before travel if there is a possibility that they have accrued unlawful presence at any time.

    *****************

    I would recomend you talk with Shela Murthy or Carl Shusterman, talk to the main lawyer directly, do not talk with the junior lawyer in the firm. Ask for urgent appointment, it would cost a bit more but it is worth it. I am sure Shela Murthy will find some way for you.

    Good luck





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  • immi_seeker
    10-02 11:17 PM
    Hi Friends,
    If Forom G-28 is signed while applying for EAD and AP,

    who will receive EAD and AP documents? Lawyer or the Applicant?. Please advice...


    Regards,
    Alex

    "AP & advance parole documents"..

    What is the documents other than AP ?



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  • ivgclive
    12-14 01:32 PM
    Will the retrogression in Family Based have any consequences for the Employment based immigration?

    Most of the EB3 are living in the hope of filing family based green card when their kids turn 18, which will be in another 7 to 10 years.





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  • SK2007
    10-04 04:33 PM
    my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.

    what is safe for her? does she have any deadline to go back? is it 15 days or a month....

    someone please let me know...thanks ahead

    Generally, they give only one extension. Technically, I think she is already overstaying? The bigger problem will be coming back next time. Did you try calling them?



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  • illinois_alum
    08-11 01:21 PM
    My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.

    The IO at the border post may ask similar questions that he may have faced (or he may have prepared for) when he went for the visa interview at the consulate...





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  • VenuK
    06-16 05:55 PM
    H1 with company (X) was denied on May 2008, but made appeal to it and its in the process.
    during the same time
    i have applied for H1 transfer to company (Y) through consular processing. I got approval.
    If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
    also
    Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
    company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
    My paystubs are still with company (x) till month of May 2008.
    how good are chances of getting visa if im going for stamping in month of July, 2008

    pls advice... what should i do in the situation i'm in



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  • seratbabu
    01-02 09:40 PM
    Dont forget to include your (Main Appilcant's) I485 receipt copy. I got an RFE for not including that.

    Please see my post for details - http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/1599779-spouse-ap-rfe-self-filed-e-filed-please-suggest.html



    1.485 Copy
    2.Previous copy of AP
    3.Two Photos
    4.Confirmation copy (If you E-Filed)





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  • lord_labaku
    09-22 03:56 PM
    Your existing PERM is ok as long the acquiring company (successor in interest) keeps you in the same job (almost same job) with similar duties in the same location ( I am not sure exactly on location though it would make sense)

    Even though I didnt have a PERM case go through this scenario. I had an old style case through BEC that went through company acquisitions.

    Your attorney will have to file amendments and other supporting documents (like ability of new company to pay etc etc)



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  • kirupa
    08-31 01:08 AM
    Ack, sorry Dash - didn't notice this thread. Are you still having difficulties resolving this issue?





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  • kghoshal
    01-22 07:06 PM
    My H1-B is valid from September 14 2006 to September 14 2007.I got laid off recently; my LC is pending Dallas Backlog center last 3 years, I got new job and submitted my last pay stub December 15 2006 to my new Lawyer with my ex lawyer contact address. I do not know whether there will be any hassle in USCIS for my H1-B 8th year extension approval? My new lawyer is yet to file my premium H1B extension. I am very anxious regarding the uncertainty of extension.





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  • theshiningsun
    06-17 10:10 PM
    thx for ur inputs newbie2020. yes, i know that it is a conditional GC to start with.

    my concern was - as far as i know, i cannot work actively for my own business on H-1B. hence i wanted to know if i could continue working on H-1B, apply for GC under EB-5 and then start the business after getting it.

    attorneys, do u hv anything to add to what newbie2020 has said?

    thx,





    arnet
    11-22 09:29 PM
    this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.

    http://immigrationvoice.org/forum/sh...highlight=foia


    Dear my friends Can I get copy of LC filing copy and 45 letter copy through
    FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.





    mchundi
    08-23 12:16 AM
    I recently visited India(this july) with a new U.S passport and un endorsed PIO card( I did not know endorsement was required). Though i did not have to show the old passport, i carried with me anyway. No issues anywhere.
    --MC



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