воскресенье, 26 июня 2011 г.

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  • javacool2008
    09-17 12:41 PM
    I have the same problem. My application mailed to NE at July 13th. Now I am looking at a receipt on Sep. 7th. Funny I fax a letter to NE on Sep. 6th after the long wait. Then my application was transfered to Texas the very next day and issued a receipt notice on Sep. 7th.
    I am thinking the worker is trying to cover for his or her irresponsibility. Of course I have no prove of such, but the paper work never lies.

    Welcome to the America. DC is the way to go.




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  • a_yaja
    07-24 01:47 PM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
    There is no such thing as EAD "under his application" or "under my application". If you apply for EAD - you either apply for it with the AOS application (yours or your spouse's) or after the AOS receipt is received. If you apply after applying for AOS, then you need to provide with receipt of AOS (either yours or his). The EAD will be in your name and as far as my knowledge goes it will say "issues on basis of AOS applied as ...".




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  • sanju
    08-01 11:38 PM
    Great effort, glad to see you back walking_dude. Glad that you are not near me, otherwise you would beat me for wanting to kissing you :p




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  • vxg
    11-02 03:34 PM
    It takes 60 days from the RFE received date to make a decision on your AP. If dec 31st passes and if you don't hear anything from USCIS, you may need to call them.

    If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.

    I am on the same case, waiting for USCIS reponse. Thanks.

    The RFE notice says minimum 14 days however USCIS standard answer is 60 days. On i saw folks who got approval after 7 days form submitting RFE so let's hope for best.



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  • mytv
    08-16 02:09 PM
    please do reply .I am waiting.




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  • snathan
    01-28 01:35 PM
    I am trying to collect a list of some prominent people (scientists, doctors, entrepreneurs, etc.) who are EB immigrants or were/are on H1 for an article. Please share if you happen to know or can point to such information. For example, orkut was invented by a former H-1B visa holder. Any examples with relevance in the current economic situation will be specially useful. For example, somebody who immigrated to US on EB category is now running a business and/or employing Americans.

    Thanks!

    1. Sheela Murthy
    2. Indra nooyi
    3. Vikram Pandid
    4. Google Founder
    5. One of the Google Director/scientest from india - who found the Google news
    6. One of the Sun micro system's co-founder was indian.

    You can find lots people in the internet.



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  • monkeyman
    02-04 05:33 PM
    First of all, you need to heed to your lawyer's advise. Any charges that demonstrates a lack of good moral character can prevent a re-entry even if you have your green card. Any crime against a person with intent to harm is sufficient charges to reject entry or deny I-485 or revoke the GC. I do know that road rage conviction, DUI, drugs found in person qualify for such denials - I am not sure about domestic violence - hence my recommendation to consult with attorney.

    Most of the people who are denied entry on AP are people who were out of status (people whose visa expired and they overstayed, H-1 visa holders who ran out of the period and cannot justify the delay between the H-1 expiry date and EAD issued date).

    If you were out of status, attorneys advise you to not leave the country.




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  • bfadlia
    03-17 08:53 AM
    Thank you.
    Any other opinions or experiences?



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  • dixie
    11-07 02:09 PM
    If you have maintained status all along, you have nothing to fear.Since you have an approved H1, you are free to stop taking classes now. However, when you go for visa stamping be prepared with all the documents to show that you have maintained status. You will surely have a few tough questions to answer so be prepared to convince the visa officer of your continued legal status.Also, avoid going to a consulate in a third country like Mexico or Canada. In my opinion, for non-standard cases like yours its safer to get it done in your home country.


    My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?




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  • cchaitu
    07-24 04:34 PM
    Hi,

    If I have a permanent offer after 180 days of Receipt date (I 485)...

    Is this offer should be in the same location (state) where my labor got filed ???

    Please advice...

    Thanks

    Please Advice



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  • krishna_brc
    07-06 11:18 AM
    I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.

    Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.

    Not to panic. As said by "trump_gc" prepare an affidavit explaining the correct name and ask the attorney to send an amendment request on 485 if name has to be changed along with all supporting documents and explaining the current situation.

    Also please let us know your Priority Date and Receipt Date of I-485 and service center, this helps members of IV understand what PD and RD currently uscis is reviewing.

    Thanks,
    Krishna




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  • glus
    01-02 10:05 AM
    Hi All,

    Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
    (RFE due date Mar10)
    Here are my doubts:
    1. can i go to india & comeback with AP in hand
    2. Do i need to wait for my i-140 approval
    3. my question is what if my i -140 rejects ??


    Appreciate your feedback..

    Thanks!!!!!

    I would say the safest way would be to get I140 approved first. If I140 is denied, your I485 is in most cases denied at the same time, and then you become illegal if you are in the U.S. after entering on AP.



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  • iyer
    11-30 07:28 PM
    1) You can stay home even without any job, when you have EAD.

    2) Alternatively, work for this SAP if they could provide a job description similar to your past when an RFE comes your way.

    Chill out, you are good.


    Hello Guru's

    Please help on this. Need your suggestions/ thoughts.

    Thanks




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  • senthil1
    06-26 01:48 PM
    First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.

    It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?

    Is it:
    1> The time when bill is signed by Bush?
    2> The beginning of the following fisical year?
    or
    3> You can keep working till the current H1B expires, but cannot renew?

    thanks!



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  • rbharol
    08-23 02:25 AM
    Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.

    Dixie and Other experts,

    See copy-paste from the bill below:
    It seems that Aliens who have earned Masters degree outside US 'AND' has
    3 years experience in related field are listed along with those who have
    masters or higher degree from US.

    check sections (F), (I) and (K) below.

    Does it mean non-US masters with 3 years exp too shall be excluded from
    the numbers quota?

    --------------- copy paste begins --------------------------------
    WORKERS EDUCATED IN THE UNITED STATES
    SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.

    (a) IN GENERAL.�Section 201(b)(1) of the Immigration and Nationality Act
    (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

    ��(F) Aliens who have earned a master�s or higher degree from an accredited
    United States university.

    ��(G) Aliens who have been awarded medical specialty certification based on
    post-doc-toral training and experience in the United States preceding
    their application for an immi grant visa under section 203(b).

    ��(H) Aliens who will perform labor in shortage occupations designated by
    the Secretary of Labor for blanket certification under section
    212(a)(5)(A) as lacking sufficient United States workers able, willing,
    qualified, and available for such occupations and for which the
    employment of aliens will not adversely affect the terms and conditions
    of similarly employed United States workers.

    ��(I) Aliens who have earned a master�s degree or higher in science,
    technology, engineering, or math and have been working in a related
    field in the United States in a nonimmigrant status during the 3-year
    period preceding their application for an immigrant visa under section
    203(b).

    ��(J) Aliens described in subparagraph (A) or (B) of section 203(b)(1) or who
    have received a national interest waiver under section 203(b)(2)(B).

    ��(K) The spouse and minor children of an alien who is admitted as an
    employment-based immigrant under section 203(b).��.
    ------------------------------ Copy paste ends --------------------




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  • hdos
    06-08 08:52 PM
    Hi,
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?



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  • AK_GC
    03-17 03:20 PM
    We hear a lot about good credit.. but not a very good understanding of what it means

    So is a score 670 considered to be good one? How much approx.. would be mortgage/month for $300K house. Ofcourse there are many factors but just to get a ball park free..

    http://en.wikipedia.org/wiki/Credit_score#United_States_of_America

    Mortgage Agents use the FICO score and I think 750-790 is considered a good score. The monthly payment depends on the type of loan like 30Yr fixed, 5 -1 ARM, the rate that you get and other factors.




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  • aranya
    01-15 10:40 AM
    Two things

    1] H1b application may not be filed by the beneficiary i.e. you cannot file it. Your employer or his representative (lawyer) has to apply.

    2] The lawyer fees may be paid by either the employer or the employee - no USCIS requirments/laws.




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  • ganesha
    07-31 06:09 PM
    http://www.uscis.gov/USCIS/Office%20of%20Communications/Homepage/56_days.jpg

    USCIS - Redesigning USCIS.gov (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a4e522e97ccc2210VgnVCM100000082ca60aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)




    WillIBLucky
    12-31 07:06 PM
    This is pure desperation. Its been discussed a lot many times but people keep asking the same question again and again. Check out the forum library you will find all the answers to your 'Case Study"Applicable to all retrogessed guys...

    Case deatils :

    Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression

    Next step H1-B transferred to new employer & redo Labor & I-140.


    Question :

    Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485

    Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????

    Please share your info as the attorneys are nuts..


    Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??

    Please provide with the link


    CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???




    gc_kosam
    06-02 04:11 PM
    Thanks

    What is the basis for the answers? Please provide some reference.

    I thought that answer to
    Q1: Yes they need to re do I-140
    Q2 : Regular timeframe


    Guru's can some one give your thoughts to my 2 question (here I am posting my 1st post again for the reference):

    My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My queries are

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application

    2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.



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