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  • meridiani.planum
    07-18 11:39 PM
    Hi,
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?


    My main concern is on her status, any input will be greatly appreciated.

    Thank you.

    yes you can still file her 485 since you were married before your approval. upto 6 months of out of status is anyway acceptable for 485 filing, so dont worry about the 5 days.
    However get hold of a real good lawyer (Murthy/Rajiv Khanna etc) to file this case now so there is no screw-up again.





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  • WAIT_FOR_EVER_GC
    07-30 08:51 AM
    I must correct the following facts for you.
    - Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
    - The confusion seems to in the administrative language, spillover means FB to EB.
    I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
    Leave them ted, they will never understand





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  • logiclife
    08-20 04:33 PM
    Some member has lost the opportunity to file 485 before Aug 17th coz the employer and the lawyer didnt respond and responded after Aug 17th. (How convenient. A lot of employers suddenly found vacation time to take between July 17 and August 17th. Suddenly, between July 17 and Aug 17, the voicemails stopped working and the calls never got returned. Nice. )

    The whole thing is here : http://immigrationvoice.org/forum/showthread.php?t=12576

    This is something for everyone to watch and learn:

    I tried to contact the attorney so badly until Aug 16th, but he never responded. I was able to get hold of him only on Aug 17th. I guess he was directed by my employer so.


    The cardinal rule of working with untrustworthy employers is that you need to use ONLY YOUR OWN LAWYER.
    The lawyer must be having you as client and also must not have your employer as his client for other cases matters. ONLY then, the lawyer will be working in YOUR interest and not in your employer's interest.

    I think people browsing this site by this time, must have learned one thing and I sure have said that a million times.

    IF YOU CANNOT TRUST YOUR EMPLOYER 100% THEN YOU NEED TO SHELL SOME $$$ AND HIRE YOUR OWN LAWYER FOR ALL LEGAL MATTERS AND ALL PAPERWORK, FILING, PETITIONING ETC. EVEN H1 RENEWALS.

    At the end of the day, between your first day in United States and the day you get your GC, it will cost you nearly 10,000 to have your own lawyer and never use the company-provided free lawyer.

    Having your own lawyer means:

    1. You pay him, you employ him, he is accountable to you, not your employer.

    2. He/she works in your interest, not the employer's interest.

    3. If your employer is not co-operating, you will know right away.

    4. Your employer would have to come clean and truthful about his intentions of not filing 485. When you have company's lawyer, then the company's lawyer is not going to listen to you. WHY? Because you are not the one paying him. Your employer is.

    5. Full transparency and visibility, whenever anything is filed, receipt is issued, RFE comes, reply to RFE goes, etc. With employer's lawyer, you have 0 visibility and you will land in situations mentioned above.

    The money you think you are saving with getting a "Free" lawyer is going to cost you much more. The employers are not stupid to provide you free lawyers. The reason they tend to have free lawyers for you is so that they can have total control over your immigration case. Its "Free" for you, but not really. Coz at the end of the day, it costs 10 times more in terms of lost opportunities and delayed immigration. The employers are in the business of doing business and for them, providing you a free lawyer is COST OF DOING BUSINESS because by incurring that cost, they maximize THEIR OWN OPPORTUNITIES to retain you on their payroll for the longest possible time. You may think you are saving money, but this isnt about money.

    Its about opportunities and the battle for most opportunities for oneself and the least opportunities for the other guy.

    So when you end up spending 10,000 out of pocket on lawyer's fees for H1 renewals, labor, 140, 485 etc, consider that as an opportunity cost.. Just like you need to spend $500 per month on gas and car to be able to get to work, you need to spend a few thousand in order to be able to get opportunities you really want in this country.

    One more thing before you go out and hire your own lawyer:

    After reading this, if ever you are in search of hiring your own lawyer for immigration needs, make sure that the lawyer has never done any business with your employer. Otherwise it defeats the purpose. You need to ask your new attorney, if he has done or planning to do business with your employer. If he has, or plans to, then dont hire him. Why? Because its obviously conflict of interest. You are asking your lawyer to work in your interest (faster and mistake-free GC filing) and your employer wants to opposite. Its is unethical for lawyers to work for 2 clients with conflicting interests. Also, ask your lawyer before hiring that YOU NEED HIS FULL DISCLOSURE if he plans to do business with your employer. That way, you know that your lawyer is acting in your interest without any possible conflicts. The problem with getting your employer's recommended lawyer is that your employer pays him nearly 50-60 thousand dollars a year in fees, you are a $1000 a year client. Obviously, at the nudging of your employer, suddenly your 485 might get screwed up by your lawyer.





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  • hojo
    09-06 03:15 PM
    whoa, also very nice text on the footer, having it upside down. didnt even make out what that was until just now, again looks great.

    thanks for the tutorials above, hopefully i'll have a footer worth posting about soon, heh



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  • NikNikon
    August 14th, 2006, 11:01 PM
    D15, you may find some useful info in this thread as well: http://www.dphoto.us/forum/showthread.php?t=5886

    Problem with H1 Employer [Archive] - Immigration Voice

    View Full Version : Problem with H1 Employer






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  • sandyn16
    03-17 12:35 PM
    I applied recently for refinancing on H1B (1 yr extensions) and did not face any issues. I had to provide additional documentation like the 485 receipt, apart from that no issues.



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  • lostinbeta
    10-23 12:37 PM
    Wow... thats some memory you have there Kit.

    Did you ever see the hidden scene with Lucrecia? (you need to have vincent in your party)





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  • Lasantha
    08-10 11:50 AM
    Hi,

    Is the weekly service center press release out? Where can I find those press releases? I couldn't find any links on the USCIS site.

    Thanks!

    Lasantha



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  • Mount Soche
    10-23 06:12 PM
    I applied on July 16th & got EAD on Sept 24th.
    No news on AP & biometrics.
    Other coworkers who applied at same time have mixed results - 2 got only fingerprints, 4 got EADs, 1 got EAD & AP. I think it is all random





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  • d123
    09-26 11:19 AM
    Congratulations.



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  • chanduv23
    08-03 10:31 AM
    The reason they seem to be doing this is because of the kind of recomendations they get from various sources which complain about how the website is not helpful or how it is difficult to track information etc...

    One has to understand that such traditional type organizations have their own pace and deal with things in their own way.

    The new website may not satisfy applicants but from their POV - they have something better than what they had before and thats how any big organization runs.





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  • bbenhill
    03-11 03:01 PM
    Thank you sooo much .. this link will help me a lot .. :) I guess I can knowtry to push their insurance :)



    Frequently Asked Questions about Portability of Health Coverage and HIPAA (http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html)

    Find out the reason why that "Employment Insurance" rejected the coverage.

    My wife was enrolled into my employment-insurance only at 7th month (2006), she did not have 'pregnancy' coverage in her previous insurance. She was covered fully (from 7th month, I paid for the scanning, blood test etc, which was a total of around $1500 till then) for my second son.

    Other options are expensive, will cost at least 10K-12K if you want to pay out of your pocket.



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  • dsneyog
    11-30 10:49 PM
    Thank you. I have my package ready. I am thinking about including prepaid self addressed envelope so I can track the package. How do you do it? Just go to postoffice and get one from them? I always ship out packages using paypal and I was thinking about printing a shipping label for priority envelope. Not sure if I should do that.I have filed for and recieved AP twice so far. I have done both paper and e-filing and combinations. When I lawyer files, he e-files. When I do it - I paper file. I have done different combinations. First time, with 485 - lawyer filed both for me and wife. Next year, my company suddenly decided they dont want to pay the lawyer fee for the dependent AP/EAD - so I paper-filed for my wife while mine was e-filed. Next year - my company decided to pay for both and my lawyer did e-filed mine and paper-filed my wife's application (dont know why).

    Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.

    It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.





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  • pappu
    07-16 10:12 PM
    In that case you will have to file I970 (I485+I485) :)

    Not a good idea. I had researched this to great lengths and posted it. Check the archives before starting new threads on the same topic.



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  • reddy77
    10-05 03:26 PM
    Even I am in the same Boat, but i believe we do not have to worry about this, this is what I found it in murthy.com when I googled for it couple of weeks back ..

    If an I-140 is pending at the time that the company changes, according to the CSC, "no action is required" until the completion of the I-140 stage. Evidence of the "bona fides" of the Successor should be submitted at the time of filing the I-485 application

    The CSC will allow applicants to supplement the file on an existing I-485 by submitting evidence of the "bona fides" of the Successor that shows that the same position and compensation, etc. are still offered. The CSC has confirmed will not require re-filing of the I-140 or the I-485.

    In order to avoid having such evidence routed through the correspondence process, the attorney should clearly establish on the cover letter that attached documents are for consideration in connection with a pending I-485 application, based on CSC/AILA concurrence and make clear reference to the I-485 Receipt number

    http://www.murthy.com/news/UDmaepis.html





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  • samcam
    05-24 10:04 AM
    We currently have 104 guests.. total membership is 3992.. I think today is the day we are going to cross 4000 mark... Guests, if you have not registered, please do so...



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  • radhay
    12-02 01:12 PM
    just checked your PM and replied.





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  • chanduv23
    01-10 09:13 AM
    We need every member in the tri state area to attend this. Please show your support





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  • rjgleason
    October 25th, 2005, 04:26 PM
    In and around SFO and maybe the outer area might be nice....definitely the Golden Gate at its best hours.





    Vijh1
    04-29 11:09 AM
    Can we work for Indian company and receive salary get deposited in India for the work. My spouse is in H4 Visa here and recently got the H1B approved. For the new H1B transfer could we show the Indian employer experience while you are physically present in US for last 3 years.

    Do we have to give Updated resume every time when we file H1B transfer?

    Any help is appreciated.:confused:





    Hassanz123
    10-30 01:39 PM
    I filed Concurrently I485 and I140 on August 13 . I have recieved the application rejected notice due to missing signatures on the financial statement by my employer (Hard luck i guess or smartness by employer dont know). As per USCIS statetment they have requested to complete the Application as signed and sent back including the fee and form.

    The notice havent mentioned to refile with new fee . COuld anyone please advise on urgent basis
    if new fees is required ?
    Would i still be assigned old processing date or it would be considered as new application ?