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sats12303-11 01:29 AMMy AP was mailed by USCIS in January and I never received it. Called USCIS customer service, they said I need to apply again by paying $305 again. Called up USPS and they cannot find it, USPS said they will be sending me apology letter.

Did any one lost AP in mail, did any of you refile again.



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loudobbs09-04 10:46 AMMy company attorneys filed by I140 incorrectly under EB3 and was approved in 2006. They refiled PP under EB2 using a copy of approved labor in May 2007. When I last checked the status is assigned to an officer.


Once the new I140 is approved would I have to do an interfiling? I am not if they both have the same A#....




Hi guys,

I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx



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Redeye08-21 01:53 PMCasionRoyale,

From your previous posts, I gathered that you entered US using AP sometime ago. Now are you going to H1 stamping with a amended H1 petition or are you just using the old petition?

Do you expect any issues using old petition?
If there are any can we enter using AP?

Thanks

(1) To being with, I have made an appointment using nvars.com at Ottawa for Sept 22nd. It was not easy, I have refreshed that page hundreds of times entering that security code. Several times I felt dizzy doing that.

(2) Working on Canada visitor visa

Questions:

I-94:
Based on what I read, it seems like we do not need to return our existing I-94s while entering Canada. Is this true if you enter either by Air or Land?



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file48509-26 05:13 PMHello,

I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

GCTrouble..

can you give in the exact scenario...I think many-many of us are just is in the hope to use the old EB3 PD to a later EB2 PD and get out of this hell hole..

As much as I know,we must have both EB3 and EB2 140's approved separately and during filing of 485 submit both the approved i140's with the earliest PD..

Anyone who knows about this ..pls comment what is the right way to do this stunt..

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gc_kaavaali12-09 08:57 AMcome on guys...time to realize what IV is doing...please contribute



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rajarao09-08 10:03 PMI got the same mail and kept me thinking about it; Just another way USCIS keeps us on our toes and in suspense, since the years of wait is not sufficient.....; Anyway, looks things are moving. Great Job by IV and the teams, starting from July 2007 visa bulletin; the community is great and good source of information. I will do my best to continue my support for IV as before and to all the immigrants or waiting to be one. Good luck to everyone.

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nlssubbu12-06 12:05 PMMy wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.

When I traveled using AP for the first time, this is what happened to me. Neither the Airline nor the Immigration Officer retained the originals, when my family members returned back and they had all 3 with them. I think it depends on airline and the immigration officer whether to hold a copy of your AP are not. It is better to be prepared for this.

Thanks



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indyanguy01-16 11:12 AMThanks.

What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?

Does 1 each serve the purpose?

With the initial packet, I had sent
1 letter from Company A (By the director on letterhead)
2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)

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smartboy7511-01 06:18 PMAnd how does this news add any values to our issues here ????



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TheCanadian01-02 02:24 AMThat's goofy, I wonder why.

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Kodi07-03 11:08 AMTexas service center. I think they move much faster than Nebraska.

Oh... ok. Where can I see which service station the aplication should go to? I'm in NY



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newlife209-19 10:40 PMGuys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

If I do mention it:

Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.

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abhatti10-09 10:33 PMJust to share my experience in Minnesota regarding the subject. My liscense was due for status check. I took my I-485 reciept notice to DMV, they made a copy and faxed it to St-Paul DMV. St-paul office did not said or replied any thing untill I got my new driver's liscense with the same status check date and then I recieved a letter saying I have two more days before I could submit the status evidence before I will loose my driving previliges.
Well I went back to the local DMV office, they gave a number for an employee at St-pual office, to whome I spoke and tried to convince her that this reciept notcie is a legal document and makes my presence legal in th US untill the decision about this case is finalized. she did not buy that untill she mentioned that I need to submit EAD card copy. Which then I did and she extended my driver's liscense to the date till my EAD was valid.
They will print the status check date only to the date untill EAD is valid or H1-B is valid. Oh by the way as an evidence they only except either I-797 for H1-B approval or EAD.
This is a little extra work for us to do to be able to drive while waiting for Green Card, on top of the work we have already done during the whole application process starting from H1-B all the way through I-485 application and even after that to apply for AP, EAD and H1-Bs at ongoing bases.



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hopelessGC05-04 02:18 PMAR11 is legal requirement. And that is the first step.

But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.

Ok, so basically I need to call customer service and have them update address for all pending cases?

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FinalGC01-13 03:02 PMHello friends,

This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?

Thanks in advance

kedrex: How do you say your case is current...Your profile says Jan 06 EB2....the VB is stating Jan 22, 2005



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psn197511-05 08:06 PMHi

I my PD is July 2003 EB3 (India).

My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.

I have NOT done any labor substitution or anything like that.

As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.

Immigration gurus - any suggestions/comments? Is this normal?

Thanks!

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Maverick108-13 11:23 AMAccording to my understanding, PIO is like a long term entry visa but it does not allow you to work. You would still need an employment visa.

Only OCI visa holders can work without employment visa.

You may want confirm the details on the Embassy website as they keep changing rules from time to time.

No visa needed for employment. The difference being, you need to report if you stay more than 180 days. The OCIs don't need to report.

Quote from cgny website :

"No requirement of a Student Visa for undertaking studies in India and Employment visa for taking up employment in India. However, PIO cardholders would be required to fulfill other pre-requisite conditions and formalities in connection with their studies/employment as prescribed by concerned authorities from time to time. "



http://indiacgny.org/php/showContent.php?linkid=181&partid=102&sub=sub7



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pnc08-02 12:52 PMDoes anyone has any update about this Amendment?



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RedHat08-29 11:41 PMToday i got REF regarding my GC .
USCIS is asking me to provide following:

1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
2)Copies of all US Federal Tax retuns ever filed.
3)Copies of first and last pay stubs of all US employers.
4)Birth Ceritificatates
5)Marriage cetificate and cermony photos.



I have all documents except my first paycheck of the first employer.

I came to USA in the year of 1999 without my employer permision.
I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.

Only problem is , i stayed 8 months in the USA without job(without status).


Between 1999 to 2007 i visited inida 4 times without any issues.

USCIS is asking me submit my first paycheck. - I did not work first 8 months


Anyone can guide me how to handle this case?.

If i tell my employer was not paid first 8 months will that be any problem?
And what are chances of get my GC.

Please help!



gc2826207-31 07:42 AMThis company is on the wrong side of the law. Please read H1B laws from DOL(Department of Labor) site.

Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)

Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.

U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.

No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.

U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.

Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)

If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
Northern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
200 Sheffield Street, Room 102
Mountainside, NJ 07092
Phone:
(908) 317-8611
1-866-4-USWAGE
(1-866-487-9243)
Joseph Petrecca
District Director

Southern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
3131 Princeton Pike, Bldg. 5, Rm. 216
Lawrenceville, NJ 08648
Phone:
(609) 538-8310
1-866-4-USWAGE
(1-866-487-9243)
Pat Reilly
District Director

Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.



laksmi01-08 12:37 PMI think H1B quota should be decreased because lots of people available with no jobs in the market, it looks like survival of fittest, even person with good skill set not getting job immediately due to new new consulting company coming into market doing irregular things like less rates etc etc�����. to survive themselves.


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