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  • indianabacklog
    02-13 03:11 PM
    I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.

    Has anyone else noticed something similar when you started with a new employer using eVerify?

    E Verify is a system operated by the social security administration, not the Department of Homeland Security. Cannot imagine your LUD and E verify can be remotely related. Just a coincidence. Relax enjoy your new job and let the I 485 process roll along as it will.





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  • pappu
    03-10 10:42 AM
    Any body has a soft LUD on approved EAD while I 485 pending.

    Soft LUD ????

    It just shows how much some of us are in the dark with misinformation from forums.





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  • Lasantha
    11-07 01:59 PM
    Thanks Bobzi !!!





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  • prav27
    01-20 09:45 PM
    I asked my company attoreny about this.. he said that immigration petition is I-140 and as I-140 is not filed for your wife (I-485 is already filed for my wife) so I should say No there for my wife's form.

    You are right , I just got the same information from my employer and the attorney that I-140 is the visa petition and not the I-485.So for H4 dependents the answer should be "NO"



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  • shan74
    01-11 08:41 PM
    i think it is based on the LC requirements. For EB2, u need " A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty."


    Let me know if i am wrong





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  • sircaustic
    05-13 10:45 PM
    Like I said earlier, you have 240 days before you go out of status. If you are receiving an RFE, it means your case is under review. Upon receiving your response to the RFE, the officer should be able to adjudicate case fairly soon. However, if you are nervous, I recommend file for an expedited review when sending your response. That said, I would hate to pay the extra $$$$ if I don't have to.



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  • Blog Feeds
    07-07 08:40 AM
    Foreign nationals may obtain their green cards by marriage through a U.S. citizen or lawful permanent resident (LPR). If the marriage is less than two years old at the time residence is granted, the foreign national will receive conditional resident status. The actual conditional residence card will have a two year validity date. Individuals who obtained their resident status based on a marriage less than two years are required to file Form I-751 Petition to Remove Conditions 90 days prior to the expiration date on the conditional residence card. Once the conditions are removed, the conditional resident status becomes permanent.

    The petition to remove conditions should be accompanied with evidence establishing the validity of the marriage since being granted conditional resident status. Supporting documentation of a valid marriage may include:

    · Birth certificates of children,
    · a copy of the rent/apartment lease,
    · mortgage payments,
    · joint filing of tax returns,
    · utility bills evidencing both names,
    · copies of pictures,
    · itineraries or boarding passes,
    · insurance coverage listing both names,
    · joint bank accounts,
    · driver’s licenses evidencing both names,
    · letters from family regarding knowledge of the marriage (including envelopes with postmarks),
    · receipts for items purchased together (ie: furniture),
    · cards written to both for a holiday, birthday, anniversary.

    Other documents accompanying the Form I-751 include:

    · A copy of the conditional residence card,
    · Two passport style photos for the applicant,
    · A certified copy of any arrest record and disposition of the case (for individuals who have been arrested or detained),
    · A money order payable to the U.S. Department of Homeland Security in the amount of $545 for filing fees.

    Kraft & Associates will answer your questions on conditional resident status and permanent residence. Call us at 214-999-9999.




    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/S_UHbgvBBao/)





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  • sparky_jones
    06-02 05:09 PM
    The attorney says he's regularly used the "Yes" response in such situations, and has successfully argued that the requirements are normal in past audits. Of course, he wouldn't comment on how much this contributes in triggering an audit. My goal is to avoid targeted audit altogether. His (and the company's) goal is to see the PERM through successfully, even in the face of an audit. Obviously, a slight difference in goals.

    The requirements in fact are normal for this company, and in the field in general. I have no doubt that this can be successfully argued. The problem is with the face-value of the BS+7 requirement against the objective O*Net criteria, and the fact that the only way to make an argument is through a business necessity audit.



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  • paskal
    06-23 03:49 PM
    Isn't it high time we started a state chapter. I am from Cincinnati, and would gladly like to host a meeting so that we can get this going. :)

    hello, please pm:

    want2dosomething

    to discuss the OH chapter and coordinate efforts





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  • skd
    06-17 10:57 PM
    I am also in same situation...



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  • vikramy
    12-22 01:20 PM
    I did same 4 years ago. You can travel while your H1B transfer is pending.


    1. Can I visit india while my tranfer is pending...???
    Yes you can.

    2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??

    I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back

    3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.

    I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa





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  • conchshell
    07-13 07:21 PM
    I know that there are too many threads open initiating new campaigns, and asking the IV administrators to make the threads sticky. However there is something that we can demand as part of administrative reforms at USCIS, without any need for congressional relief.

    When any type of application reaches USCIS, it kinda goes into a black hole. Unless there is a decision on the application, all an applicant do is to cross the figures, and hope that the outcome will be favorable. Worst, sometimes people with later priority date get the approval, and the all a victim with pretty much straight forward case can do is self consolation.

    We all know that there is a USCIS case login page, which allows us to create a portfolio and track the case approval. But the information provided by this site is really basic (Informing the applicant that the application was received on such and such date, and its pending for processing at our processing center). Why can't we ask USCIS to improve this portal, so that an applicant can view the details of the case like FP, background check result, priority date, associated 140 status, etc. I am giving this example for a 485 application, but this service can be provided for all other types of cases like H1B, EAD, AP, 140, 485, Labor Certification, etc.

    BTW, I saw a note on immigration-law.com, and according to them its a just four (yes only four) member team which is managing their information technology at USCIS. On a lighter note, I feel like creating an Open Source software consortium which will develop the software to add in efficient case processing and better services, where USCIS can download the source code to enable faster deployment of customer services portals.

    Anyway, fun apart, I think we should start a campaign to get more meaningful information from customer portal: https://egov.uscis.gov/cris/jsps/index.jsp

    This way the case processing would be more transparent, an applicant will have more information about the case, the number of phone calls USCIS receive will go down substantially, and people like us will have much more peace of mind. I was wondering if we can come up with a case status detail page, that contains majority of info/updates we applicants want to see. It should not be difficult to compile such information. So meanwhile, when nothing much is expected from Congress on legal immigration relief, at least USCIS can provide this type of service improvement. Any ideas, criticism, pros and cons of such thing?



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  • sukhyani
    10-04 03:40 PM
    My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.

    So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?

    I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.





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  • vsuri
    11-05 03:44 PM
    I applied to Texas Service Center for renewal of my AP. E-filed on 8/25. Approved on 11/5.



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  • amaze
    10-27 03:31 AM
    i had no idea. sorry





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  • mrsr
    06-19 11:34 AM
    factoryman ,

    i did searched the posts and apart from one post in that thread i didnt get any satisfacotry answer so i created the post . please do not write that we are not doing our search .

    Search and post. There are ton of posts and replies here. Go and read. Do your homework before you post. Show us you didnot find anything.



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  • sbmallik
    07-01 03:40 PM
    Good luck on your H-1B transfer ... in the worst scenario you have 10 days.





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  • realizeit
    07-23 03:40 PM
    View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4007)

    Senate Judiciary Committee
    Subcommittee on Immigration, Border Security and Citizenship
    DATE: August 6, 2009
    TIME: 10:00 AM
    ROOM: Dirksen-226


    OFFICIAL HEARING NOTICE / WITNESS LIST:
    July 23, 2009

    NOTICE OF RESCHEDULED SUBCOMMITTEE HEARING

    The hearing on "Comprehensive Immigration Reform Roundtable: Employment-Based Immigration to Propel America's Economy While Protecting America's Workforce" scheduled before the Judiciary Committee, Subcommittee on Immigration, Refugees and Border Security, for Wednesday, July 29, 2009 at 2:15 p.m. will now take place on Thursday, August 6, 2009 at 10:00 a.m.
    By order of the Chairman.





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  • gcpool
    09-13 01:10 PM
    If we do premium process, does this increase the change of rejection?





    trump_gc
    06-28 10:28 AM
    Thats fine. What you have is much better than what most of us have. Just get an affidavit from her parents or relatives, stating the correct full name etc. That will do it. But do get an affidavit, if u want to avoid RFE later on!





    snathan
    06-16 11:05 PM
    L1 or H1....For your own benefit please support this

    http://immigrationvoice.org/forum/showthread.php?p=356035#post356035



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