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    • lazycis
    10-04 12:55 PM
    Is there and on going class action lawsuit? and if there is where can I get info to join. I filed for a k3 visa a year and 110 days ago. Till this day USCIS still wont approve my applications because they say that we are stuck in bacgkroud checks. I dont understand how people that field way after me already have their spouse here while I have been waiting for over a year and we still dont have the NOA2. What can I do, where can I joint o get help. Is there a class action going on for this?

    Unfortunately there is no class action for your case. It's hard to file a class action for mandamus suit as the circumstances of each case are different (i.e. different waiting time). But you definitely can file an action for yourself and defend yourself from the injustice. Check this court order, it may be helpful
    http://immigrationportal.com/attachment.php?attachmentid=16325&d=1179385606




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    • Queen Josephine
    June 20th, 2005, 02:45 PM
    Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!

    I'll post it tonight when I get home from work.
    EAD Expiring; 245k rule? --- Urgent help! [Archive] - Immigration Voice
    Log in

    View Full Version : EAD Expiring; 245k rule? --- Urgent help!





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    • cool_guy_onnet1
    12-20 03:48 PM
    how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#

    please help

    All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
    My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
    Then you can go online and ensure that it's valid and the dates match.
    Good Luck,




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    • anilsal
    08-03 12:49 AM
    Very well said. We need legislation and for that to happen, grass roots efforts from IV to end this retrogression.

    Now get back to becoming a contributing member plus supporting IV efforts by opening/joining your state chapter and meeting local law makers.


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    • prem_goel
    11-25 01:27 PM
    Dipika,
    Please make sure to add a disclaimer if your post has not been helpful and creates unnecessary panic ;) (For ex: Don't blame IV if that happens )




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    • mkumar
    10-09 11:46 AM
    Great to see some activity in Arizona. I am in Phoenix and will show up for a meet and greet!


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    • bostonian28
    05-16 11:35 AM
    I have just called all the Representatives mentioned in the above thread and conveyed the message. Similar experience, nice people (I am sure they are supposed to be nice, as they would take calls from voters!!), I also heard similar responses saying they have been getting many calls.




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    • mantagon
    07-15 01:06 PM
    EAD is not a status. So how does her status change?

    Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.


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    • chanduv23
    09-15 10:12 PM
    the ones I meet in DC. The ones I currently have, who did not make it to DC in spite of being aware about it, will no longer have me as a friend.

    SAME HERE - THOSE WHO HAVE STOPPED CALLING ME BECAUSE THEY ARE AFRAID I WILL ASK THEM TO THE RALLY WILL NEVER BE MY FRIENDS ANYMORE.




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    • sush
    08-21 11:33 AM
    not sure which center my attorney filed through but on the back of the check, it mentioned St. Paul MN


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    • kondur_007
    08-25 10:58 AM
    As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch

    I agree with wandmaker above.

    Did your application reach on or before the expiry date on the PERM LC? If yes, you are fine. Just wait for 140 to be approved. If you qualify for premium processing (and qualification criteria are very narrow: if you are currently on H1b and need to extend it and no other way to extend it) then only you can do premium processing.

    If your application reached AFTER the expiray date on PERM LC, it is very likely to be denied. Again, if you qualify for premium processing, go ahead and do it to know it sooner. Also start working on new PERM ASAP.

    You can not port PD until and unless 140 is approved. If it gets denied you loose the PD too.

    Trust me, this is a scenario where you really want the help from a good attorney.

    Good Luck.




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    • immi2006
    05-24 10:30 AM
    Recently in a IIT meet and IISC meet we came across a huge number of folks in EB2 on GC wait., I was told their numbers exceed 1000 plus through the internal IIT network.. so if they consume X number just in Bay area, what about rest of US. Live happily while you are here, enjoy the weather and do not pin hopes on US. Think that you were fortunate to come here in prime of youth and learnt a thing or two..


    Honestly how many points we score really does not matter if the visa country cap is too low. Most of us, coming from India, China etc. score almost the same points and getting TOEFL is a piece of cake if you need to improve your points.

    It's pointless to break our heads calculating these points, everything is in limbo right now and the only best advise for new GC aspirants especially those coming from retrogressed countries is locking the priority date by applying LC under the old system.


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    • jnraajan
    04-08 04:48 PM
    Is someone working to fix the issues with the IV Tracker? It is such an important tool, but still has bugs to be resolved.

    When you try to restrict by country or Country of charge, it doesnt bring back any results.

    Also, if you try to sory by priority date, the sorting doesnt seem to work.
    =======================

    Please keep sending all bugs and requested features in a PM.

    A few people are leading this effort and collecting the bugs and new features
    Chanduv23, needhelp!, walking_dude and santb1975 are people you can PM and they will help make this tracker better

    Active members are requested to urge others to update their profile details for the tracker. If you find someone's profile has fake details, please give them a red dot.

    Admins go through users with most red dots occasionally
    - Admin

    =====================




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    • gps001
    12-24 07:26 AM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


    Thanks


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    • Dipika
    03-28 09:41 AM
    guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.

    http://murthy.com/bulletin.html

    hoping big forward move.:D




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    • HuaRhoda
    02-03 02:14 AM
    The US company who offers you the job, are the ones that apply for a H visa not you. They have to prove that you are qualified for the job they are offering you and that you are not taking a job away from an American, that your qualifications are equal or more than American qualifications, they have to pay you within a set pay scale for that job in that location.


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    • digital2k
    08-06 12:44 PM
    *




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    • TeddyKoochu
    09-25 11:30 AM
    No worries,

    go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

    in the above link go locating the following news line, read and enjoy

    ""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""

    Thanks for this info once again ! I was able to read it. I hope its reality by year end. Giving you green.




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    • extra_mint
    04-22 11:49 AM
    I got the exact same RFE and I am with the same employer (though company name changed due to merger) since start. I got RFE last week only so I am working on the response

    Based on my research the response should be
    List of job duties (this should match with what was in your Labor) and if the title differs then you can give details that new titile has same job duties as the old job title

    Also I checked this is pretty normal RFE (many people get it)
    Check the link below
    http://immigrationplus.blogspot.com/2006/07/i-485-rfe-employment-verification.html[/URL]





    Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.

    Sorry for the confusion. But please do help me if you have any inputs.

    In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?




    rakesh_one
    03-19 11:44 AM
    Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.

    My LCA was approved in July 2007.

    My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.

    The USCIS returned the application asking us to re-send the application with a new check.

    My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.

    I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.

    Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.

    All suggestions are highly appreciated.




    martinvisalaw
    06-16 10:23 AM
    I have a quick question though it is not related to family petition.
    what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
    does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
    In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).

    Thanks

    When CIS denies a 485 they almost always immediately revoke any accompanying EAD and Advance Parole.


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