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  • GCard_Dream
    04-23 02:50 PM
    Have you or someone you khow actually been able to get a copy of I-140 using G-639? If so when was that and what was the processing time?

    The reason I ask is because I have heard all kinds of stories about using FOIA to get a copy of I-140.
    - Some say that you can not only get I-140 but also copies of your labor cert and they have actually received it.

    - Some say that USCIS responded back saying that it was employer's property and hence can't be given to the employee.

    - Some say that it just takes too damn long (over a year) to be any meaningful.

    By the way, I just sent the G-639 myself couple of weeks ago. Will let you know if I was successful in getting a copy.

    To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
    Now a days it takes time. Almost 3 months.

    URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
    The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :

    -Any person has the right to request access to federal agency records or information.
    -All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
    -There are nine exemptions to the FOIA that protect certain records from disclosure.




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  • us_gc_aspirant
    09-26 02:04 AM
    I was on L1 since Dec 2001 and left in Aug 2005. Came back on H1 in March 2006; H1 was approved only till Dec 2007 ( 6 yrs from 2001). I did not get a fresh 6 yrs., when I moved from L1 to H1. I believe this is the same case with H4.

    The reason why I am asking is that I saw a Immi. Attorney reply in one of the Silicon valley magazines that L1 is not counted against H1 6 yrs. clock. From my H1 approval I find this to be incorrect interpretation.

    Can anyone share their experience on this.

    Thanks very much.




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  • sledge_hammer
    06-23 07:11 PM
    Look at your I-140 approval notice, aka I-797. At the bottom is the address (including the PO box) that processed your I-140, and that's where you have to file your I-485.

    I got the above information from USCIS automated system.

    Thank you for the information,

    according to this link:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b0f860a07706d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD

    There are many mailing addresses for TSC


    USCIS TSC
    P.O. Box 851983
    Mesquite, TX 75185-1983

    USCIS TSC
    P.O. Box 850965
    Mesquite, TX 751185-0965

    USCIS TSC
    PO Box 850919
    Mesquite, TX 75185-0919

    USCIS TSC
    PO Box 851182
    Mesquite, TX 75185-1182

    USCIS TSC
    PO Box 852685
    Mesquite, TX 75185-2685

    USCIS TSC
    PO Box 852135
    Mesquite, TX 75185-2135

    USCIS TSC
    PO Box 852135
    Mesquite, TX 75185-2135

    USCIS TSC
    PO Box 279030
    Dallas, TX 75227-9030

    USCIS TSC
    PO Box 851804
    Mesquite, TX 75185-1804


    Any idea for filing 485?

    thank you and have a nice weekend.




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  • vegasbaby
    02-23 12:52 AM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.


    Well, yes you can certainly abandon H-1 process & come back on EAD/AP. However, I would try some other consulate first like Hyderabad or Delhi. I believe since you have gone for H-1 extension, you can go to pretty much any consulate in India.

    My friend was issued a yellow form 221g or something @ Toronto Consulate. He went to Delhi & got his visa stamped. No questions asked.

    But you should wait to check if its PIMS delay. PIMS delays are generally resolved in 2 -3weeks.



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  • whitecollarslave
    08-14 03:15 PM
    How long have you been on H1? Can you find a new job and transfer your H1 to a new employer? Your employer is legally bound to pay you the salary listed in LCA for H1. You do need to show evidence that you worked for your employer.

    Collect all evidence that you can about your employment, salary, contracts, etc. Have copies of timesheets, all email correspondence, pay stubs, any written evidence about how your employer did or did not pay you. Keep evidence of you actually working during the time, copies of approved timesheets would be very helpful.
    I am not sure how much money is in question here, but I would talk to a good attorney who understands immigration law as well as employment law in your state. Labor laws differ slightly from state to state. What state are you from?




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  • snathan
    05-19 06:57 PM
    I am also travelling with the family in June for a couple of months !

    the murthy link and this thread over all is helpful !

    Our company's lawyer mentioned that if the 485 gets approved while abroad then when I come back I just tell the officer at the entry point that I was out and do not have the card in hand. So I enter using AP.


    I also asked him (and in another thread here ) if I can have the card mailed to India by a friend and he said yes, I can do that if I am comfortable with it.

    On a different note , one other person mentioned to me that one has to be in the US when the 485 application is approved or else they can reject the application, but that does not sound true and nor I have heard anything like that from the lawyer or in any of the forums !!

    Then whats the purpose of AP....?



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  • delhirocks
    07-22 02:06 AM
    New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655

    Nope 1010 includes everything...and yes, we do not have a choice. Even if we submit new fees, we will not be entitled to the benefits.




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  • newlife2
    09-19 10:41 PM
    Guys, 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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  • suriajay12
    03-26 09:05 AM
    I voted up the Immigration questions.

    Looks like the Anti-Immigration folks are trying to vote down our questions.

    - JK

    Voted UP for anything to do with legal immigraiton. 3-4 more hours its open.




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  • immieb2
    09-25 04:55 PM
    Good find. I can use this to explain to American friends at work



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  • willigetagc
    08-11 10:24 PM
    Hi Guys,

    I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.

    Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.

    Can somebody please suggest what to do since I can be ready if i get RFE.

    Thanks in advance.

    Hope you didn't submit the BC. If you did, ASK YOUR LAWYERS if there is a problem and a way out...

    You obviously cannot correct all other docs. So, you might have to get another affidavit from your parents that specifically states that your birth was registered incorrectly (it could happen if you were born at home and not a hospital or so they could claim)....




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  • wandmaker
    12-18 10:21 PM
    Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://i.imdb.com/Photos/Ss/0266697/KillBill_CN-99-3.jpg).

    Nice quote :)



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  • CHHAYA
    04-28 12:47 PM
    Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
    Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
    My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.

    Also, just I wanted to share the information becuase many people seemed worried about this.

    Good luck :) :) :) :)

    I entered US at Newar POE on 7/15/08 based on AP which expired on 7/20/08. They give me I-94 valid until 7/15/09. I do not have any plan to go out of country till end of 2010. Do I have to renew AP or I-94?




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  • vxg
    09-10 03:42 PM
    Folks,
    After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...

    Officer: Purpose
    Me: Me approved my wife not
    Officer: cases..
    Me: Presented cases
    Officer: Yes you are approved...your wife is pending
    Me: Oh really that is a revelation....
    Me: Why so?is she preadjudicated?
    Officer: There could be many reasons...no she is not pre-adjudicated...
    Me: What can we do to expedite as she is current
    Officer: Nuthin ....I was loosing my temper now...
    I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
    Officer: gave a vague Monalisa smile...
    Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...

    On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...

    Hope the info helps..

    SoP

    You do not need Biometrics uploaded for approval. My case was approved without it however they will only send cards after Biometrics are updated.



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  • VMH_GC
    12-12 10:24 AM
    I recently went to India and came back to US. At port of entry, the officer incorrectly put the date beyond my Visa expiry date in my copy of I-94 but in his copy he put the correct date. This confusion was largely due to the fact myself and mywife both are in h1b with two differenet expiry dates. Now my question is, will it be a problem? do i have to report this? Please let me know.

    Thanks
    VMH




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  • Suva
    03-03 11:06 AM
    What is AGI?

    Just eFiled Federal and its already accepted.. My AGI was as it was last year and for spouse (new SSN) put AGI=0.. I needed to confirm the AGI twice and it went thru then.. And next day I received email that return has been accepted... Didn't filed state for personal reasons...

    So I don't see any reason why not eFile.. its faster... Lots of others have already done and thats how I came to know that I need to enter spouse's AGI=0... And filed using her new SSN.. No mention of ITIN anywhere...



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  • gc_on_demand
    04-04 11:29 AM
    Can pls add poll to this by month. We atleast know 3 cases..

    i voted as sep 2007 from one lawyer posted that news.




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  • arunmohan
    06-09 05:07 PM
    "Processing Date current with respect to Receipt Date" in May VB,even then IO not picked in my case atleast...so its all matter of luck!! back to U-turn..

    Did you try to get Infopass apointment? My friend received his GC last week and his PD was Nov, 2001.




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  • loudoggs
    07-31 07:34 PM
    Good for you...the tracking number and print out should work...

    My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.




    stucklabor
    07-26 02:59 PM
    See original A.P. story below.

    Copyright 2005 Associated Press
    All Rights Reserved



    The Associated Press


    April 15, 2005, Friday, BC cycle


    SECTION: Washington Dateline

    LENGTH: 550 words

    HEADLINE: Senate agrees to votes on immigration measures

    BYLINE: By SUZANNE GAMBOA, Associated Press Writer

    DATELINE: WASHINGTON

    BODY:
    Senate Republicans and Democrats worked out a deal Friday on how to handle immigration issues attached to a measure paying for U.S. operations in Iraq and Afghanistan.

    The immigration measures spilled into the Senate's debate over an $80.6 billion military spending bill after the House included measures in its version to deny driver's licenses to illegal immigrants and make it harder for foreigners to stay in the United States on claims of asylum.

    Under the deal, the Senate will vote Tuesday on three immigration measures. Each would require 60 votes to survive, including one sponsored by Democrat Sen. Barbara Mikulski that would give temporary visas to migrant crab pickers and oyster shuckers in time for Maryland's seafood season.

    Another by Sen. Larry Craig, R-Idaho, would provide workers for the agricultural industry. It has support from growers and farm worker advocates, but it faces opposition for providing legal status to some workers.

    Sen. Saxby Chambliss, R-Ga., said he opposes using the military spending bill to address immigration, but he is proposing an alternative to Craig's measure. Co-sponsored by Sen. Jon Kyl, R-Ariz, it doesn't include the legal residency provision.

    "While reforms are needed to provide a legal way to meet our agricultural labor needs, we must also remove incentives for illegal immigration and put stricter provisions in place for seasonal workers coming across our borders," Chambliss said.

    Majority Leader Bill Frist, R-Tenn., the White House and other Republicans had pleaded with senators to keep immigration off the spending bill and address them later in comprehensive immigration legislation.

    Democrats refused, saying it was because Frist wouldn't commit to opposing the immigration provisions in the House version when negotiators try to blend the two.

    "The only reason we have these Democrat and Republican amendments dealing with immigration is because it was placed in the bill by the Republicans," said Democratic leader Harry Reid of Nevada. He said the immigration bills being offered are a "tiny speck" of the immigration problems the country faces.

    Mikulski defended her measure to provide Maryland seafood processors and other businesses with more seasonal workers hired through the H2B visa program, saying "the cat was already out of the bag on immigration." Businesses are limited to 66,000 H2B workers a year, and that ceiling was reached Jan. 3.

    "Republican leadership has been stalling on this bill by not allowing votes on amendments like mine. I have brought people to the table to vote on this because Maryland's small businesses need help now," Mikulski said.

    The House's Iraq spending bill includes the immigration measures its Judiciary Committee chairman, Rep. James Sensenbrenner, R-Wis., wanted in the intelligence reorganization bill President Bush signed in December. He withdrew the provisions back then after House and Senate leaders promised he could attach them to the first major legislation likely to make it to Bush's desk.

    They are almost universally opposed by Senate Democrats but also by state motor vehicle commissioners, some GOP senators and religious groups who say people fleeing persecution would be harmed.




    whereismygclost
    06-17 05:42 PM
    Hi sk.aggarwal,
    How did you calculate that he has to leave the country for four months? I think it should for a year,correct me if I am wrong.Or is your calculation based on based on the assumption that the labor will be approved within 4 months and then he can file for H1 extension? I am in the same boat,could you please clarify?



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