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I did mistake of not submitting I-94s and I went through lot of problems.it took a long time to get the dates corrected on the I-94s.

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/showthread.php?t=1206&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.

K Larson

I am also in same situation. My lawyer told me that he will file our application seperately without including each other as dependant. This doessn't make sense..... any input from others?

I will tell my story, if this help.

I laid-off after working 7 years with big company on March end. I am already 8th year of H1B. Company notified to USCIS and revoked the H1B, etc per company policy. I do have copy of LCA/I140, etc.
I got another job(contract) with some employer. New company lawyer applied for H1B transfer(because old company revoked stuff so to be safe side). Law firm asked ONLY copy of my I-485 Receipt Notice. I think, Attorney changed the sponsorship with H1 transfer(i.e. invoked AC21 with H1 transfer). I didn't get H1 approval so far.

To give more twist: My PD(July 2001) is current per March VB but USCIS will take addtional 90 days to assign my case to Officer. Now contest is on. Let's see if my contract will finish first or GC process. :) :D USCIS already beat me once. USCIS 1 - Me 0 :)

If you have copy of LCA/I-140 then it will better for your record but i don't think it's required to H1 transfer and invoke AC21.

my 2 cents and good luck


ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..

There's a user named 'whermygc' on page 10 of .

Can some one help me out what i have to do in my specific case.

I applied for AINP on Feb-2009.That time my martial status is single.I got married on April-2009.I got my file number last week.If i want to include my spouse on my AINP process what i have to do?Did anyone faced this kind of situation?

Please help me.


I applied in April and we had a baby after that. I called on the number on the form and they said once I get the file number, I need to again fill out the forms which need dependent information and send them over with additional documentation. You may just want to call them and re verify. I found the CSR very helpful and polite.

bump

Hi All,

I have I485 pending,
EB3 NON-India or China ,
EAD ,
wife on H4 , not added on 485 (married after filed I485)

If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
1. The process is smooth for language training if I am the sponsor and the school is accredited

2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?

Thanks everyone for any piece of information

Hello Number30,

For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.

You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.

dvb123,

Update your profile

You seem to say that EB-4 & EB-5 are completely expiring. If I am not mistaken, pieces of them are. Not the whole categories.

How to add an enty?
it does not let me.

Try it now

snram4,
You missed one point from your analysis. Outsourcing/offshoring. Outsourcers don't need any visa to do that. Though many anti-immigrants call H1B an offshoring visa, the fact is outsourcers don't need any visa to outsource. When new projects are implemented from the scratch in offshore locations, it cannot even be called 'offshoring'. Essentially these kinds of bills will make america a less competitive place for businesses.

No matter how you look at it. This bill proposed by Gutierrez is "Union" bill. Today it is easier for someone with some family ties to migrate to this country than one who brings in skills and competitiveness to USA. Skilled immigrants has to jump over many hurdles ( H1B/Labor /I-140/visa wait times) to get his GC. For a family based immigrant, the only requirement is he/she has to be related to someone in US. For a skilled immigrant, he has to prove that a job offer do exist for him all through the insane wait for his gc. For illegals it is even easier. They just have to prove that they were illegally present in US to qualify for his GC.

If U.S.A was United Socialist Amercia, Gutierrez/Grassley bill is the way to go. We all know what happened to GM where unions had the final say in worker compensation as well as performance.

Just because the CIR has a little be help to current H1B holders for EB cap exempt to immediate relatives of applicants , that doesn't make the bill a skilled-worker friendly than illegals friendly bill it supposed to be. Think about all these legal immigrants in order to get their green card, they would have spent more than 20k out of their pockets while the CIR only required $500 fine to get these illegals back in line with us, let alone the metal struggle to the long waiting nontransparent process. I'd rather not having this "benefits" than have to be forced to pay my hard earned money toward illegals' health, food stamp, education etc. Besides, after 6-years period finished, who knows if the cap to GC to all these illegals are shared with H1B? Let the free market eliminates US if that's what they're asking for. I can care less if I can get my GC or not while there're plenty of countries will welcome us skilled workers.

common guys, at least there is a good news for EB2-I. please don't ruin it. be always positive instead of negative. :) I guess praying is better than doing infopass at this moment :)

:(

I wish people here are more sympathetic to those who are ignorant about
the gravity of the current situation.

supers789,
this is the painful truth. Don't think about this too much....we are all coping with this. CIR seems to be dead...Will we get some other legislation to help us out? don't know, may happen...

Unfortunately, a good many people who havent joined IV yet are also blissfully ignorant of the gravity of the situation. They think its a temporary traffic jam, while in reality our path to a GC has been blocked by a landslide.The backlogs will keep on growing till the authorities (lawmakers in our case) clear the road .. or the affected traffic takes an alternative route.

Generating receipt may take 7-8 days but if they open it
Monday June 25th they may reject it saying its not current .... ??

That rejection will probably come back after 7 days too :-)

Yeah, its not worth the risk. Just curious about how this timeline works though.

I am not entirely sure but there is a provision called "Follow to Join" that allows you to apply for spouse's 485, 6 months after your 485 is approved. The only condition you need to satisfy is that you should have married your spouse before your 485 approval date. Ask your lawyer about it. I think you should be fine. About legal status since your spouse's 485 is rejected and ur h1 is invaldiated due to your 485 approval, i dont know and you need to aks your lawyer about it.

EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.

For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.

Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.

Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.

One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.

I see a number of views on this thread this morning. Small request for all those who are viewing this thread - if you are a july 2nd filer or in that week close by, can you please post your comments so that we will know if there are a significant count of applicants who are out there in the same boat. Thanks!

Obama's Father.. was from kenya :D

Hi