Thursday, June 30, 2011

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  • gc4vk
    06-23 11:55 PM
    Thanks a ton for the reply, should I need to take orignial I 140 approval or the photo copy will work?
    thanks





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  • eb3retro
    09-08 12:45 AM
    Hello Friends :

    I recd. an email from my attorney this evening stating that "We have mailed you the FOIA request for your and your spouse's signature."

    This doesnt make any sense to me, as to what does FOIA mean to start with. So I emailed them back asking, what does it mean and is it something to do like RFE towards my AOS papers filed on 2nd July,2007 (no checks cashed yet, no info in system yet).

    My Attorney replied back stating that - "We have filed for full copies of your petitions to be sent to us. The FOIA will allow us to obtain a copy to check the integrity of the filing for our records. Looks like, it will be several years before these I-485 petitions are actually reviewed by the Service unless we see a change in the law. ."

    What does this all mean? I am so confused....

    Pls. advise me. Thanks a lot
    nkavjs


    FOIA - means - Freedom of Information Act, Just google it..





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  • ss777
    02-13 10:12 AM
    I got hold of a copy of the actual RFE and when I read closely, the above statement sounded alarming. Since the labor was filed in 2003, I was wondering what relevance June 26, 2006 has.

    Any help is appreciated.





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  • Sparkling
    04-26 04:37 PM
    Dear Lawyer,
    I posted my story in "all other green card issues" I'm sorry I don't know how to link it.

    I am married to a US citizen - married since 10/23/04 - we have lived in the US before where I obtained a conditional green card : given 01/17/06 expired 01/17/08. We left the US in may of 07 to live in denmark (my home country) and thought the conditional green card was "gone" when it expired and did not apply to remove conditions in time.

    In 2009 we decided to return to the states - I came here 10/16/09 on a visa waiver. In december 09 we filed i130 and in march i485 thinking we had to start over on the process of getting a green card.

    April 8th -10 we recieved a denial letter saying:
    "A review of agency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
    " therefore , the beneficiary is not eligible for the benefit sought and this additional petition is denied"
    " This denial will have no adverse effect on the lawful permanent residence status that the beneficiary has previously aquired"
    Attached to the letter is an appeal form.

    So my query now is: since they already consider me a lawful permanent resident according to that letter - how do I go about getting my green card? and what happens to the i485 that they still have in initial review?

    My husband and I are very confused about all this - we were told we had to reapply so we are puzzled about that denial letter. Customer service at uscis only reiterates the content of their website and we cannot get through to anyone that can shed any light on this. Infopass is not available in our area either, so I turned to this forum.

    Than you so much for your time in considering this matter and for any information you might have for us.

    Sincerely,
    A danish citizen :-)



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  • hopefullegalimmigrant
    05-31 12:56 PM
    Guys

    Thanks for your responses.





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  • dazed
    07-19 07:57 AM
    I think you are perfectly fine even if you don't apply EAD/AP with I-485. The only caveat, to my knowledge is that you have to wait for I-485 receipt. (correct me if I'm wrong). But based on the number of filings expected, nobody knows when you will get a receipt. Also, I think the I-485s, though filed will still be processed by priority date. The EAD/AP applications will be FIFO. So the more you delay filing them, the more time it will take for USCIS to process your EAD/AP, especially considering the number of filings expected. Based on the processing time for the I-765, which is now more than 90 days and the fact that interim EADs are not issued anymore (see below from USCIS), it is going to interesting to see how USCIS handles this.

    Elimination of Interim EADs in Process (sometime in June 2006)

    Under current regulations and procedures, persons who apply for EADs can go to the local USCIS offices and obtain interim EADs if the original filing takes 90 days or more. This convenience is likely to be eliminated in the near future due to USCIS concerns over the potential fraudulent use of the interim EADs. The USCIS's view is that the manufacture of EADs should occur at the Service Center level, and the expectation placed on the Service Centers is that they will process the EAD applications and manufacture the EADs within the 90-day processing period.

    The USCIS acknowledged that there is a regulation in place providing for interim EADs, but note that this regulation may have to change. It seems that the antiquated machines for producing the interim EADs are going to be scrapped, eliminating the possibility of processing interim EADs at local offices, with or without the required regulatory change.



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  • needhelp!
    10-08 05:15 PM
    We need volunteers for the following positions/shifts:

    3 pm - 6 pm - Taking Orders and Cash
    3 pm - 6 pm - Serving
    6 pm - 8.30 pm - Taking Orders and Cash
    6 pm - 8.30 pm - Serving
    8.30 pm - 10.30 pm - Taking Orders and Cash
    8.30 pm - 10.30 pm - Serving


    I will be there from 12 pm along with 2 family members and ALL of the supplies needed. We will take care of the chopping/prepping/frying.

    But we need 6 people in the front!





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  • pani_6
    03-17 02:24 PM
    I got AP..and H1B till 09..I am hoping to reenter using AP while comming back from india..Apart from AP do I require anything else. like employement letter to reenter the contry??..
    :)
    thx



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  • Satrofu
    12-11 01:19 AM
    I received a RFE asking for evidence that could prove that currently I am on a non-immigrant status. I abandoned my F-1 status after I filled my I-485, and from what I knew you were supposed to have the corresponding status before you filled the I-485 but there was no need to still have it after you got the AOS.

    My question is if there is a possibility that what the officer is asking for is evidence that proves that I HAD the F-1 status before filling the I-485 and if I abandoned it after filling it.





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  • ashrock11
    07-22 09:25 AM
    Hi,

    Somewhat same situation. Can I travel after filing 485, I have not got the receipt yet. Although my H1B visa stamp is still valid.

    Experts please advise.

    Thanks



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  • cherl
    05-07 09:11 PM
    Thanks for your reply.

    What would be the process look like? When the priority date becomes current, what should I do? Where should I subject I-485?





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  • canmt
    12-06 07:46 AM
    Is it possible to get F1 status adjusted to H1 without going for a H1 stamping?



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  • skark
    04-17 02:07 PM
    Hello everybody,

    My wife who is on H4 was denied admission to a masters in accounting program due to lack of work experience. Other factors (GPA/GMAT scores) were allright according to a professor at the university! Does anybody know how/where she can get some experience (voluntary/unpaid/intership). We have already looked at craigslist job listing in the non-profit sector and not many people are looking to hire even if its unpaid:eek: We reside in Raleigh/NC and was wondering if someone in this forum has some insight as to how we can move forward.

    :confused:
    Skark





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  • chanduv23
    12-04 12:17 PM
    Hang in there. These are good signs. Though there is a long way to go.



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  • MYGCBY2010
    10-24 01:27 PM
    Hi ,
    I filed for i-485 ON July 23rd along with the EAD and AP. My EAD got approved and got a RFE on AP. I haven't received my Finger Print notice yet. Will RFE on AP affect the FP?..

    Is it normal that I haven't FP notice after almost closed to a month after the checks have been encashed?..

    Any inputs are highly appreciated.

    Thanks..





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  • simple1
    06-23 01:42 PM
    While I laugh at that guy. I would like to remind you that we are living in a republic and not in a democracy.

    Any one can be a self hurting fool using his/her "Individual�s God-given, unalienable rights". While in a democracy individuals worry about majority rule and popular thought.

    I dont understand why Obama (a former senior lecturer in constitutional law ) refers to this country as democracy.

    HELLO Chicago. If there is anyone out there who still doubts that America is a place where all things are possible; who still wonders if the dream of our founders is alive in our time; who still questions the power of our democracy, tonight is your answer... "

    While the founders were fearful of democracy ( the mob rule ).

    Both India and USA are republics not democracies.



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  • andycool
    02-10 07:54 AM
    Thanks! We filed today.. they'll will receive tomorrow.

    My 485 is pending, so I think I won't be totally out of status..

    Any suggestion on how we can approch sending the approved LCA later and ask USCIS to match it to the already submitted H1B petition?

    I dont see a problem if you have I 485 Pending ( i assume you have EAD to continue working )

    I filed my H1B 3 months later after joining a new job on EAD , i didnt have any problem

    Thanks





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  • vin69
    02-10 10:07 PM
    Thanks raj2007 and ras for your response





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  • pom
    10-01 04:53 AM
    I could only see the second one, and it's not bad. But I have no idea what you were trying to show... It looks a little bit like my room when I wake up, before I put my glasses on...

    pom :cowboy:





    wandmaker
    11-07 09:32 PM
    If you have filed G28, your attorney on record will get the approval notice (3 hard copies).

    On USCIS website, my I131 messages says as Document approved and..so on on Nov 1. Till date I haven'yt recd. any copies yet. Will it come to me or Lawyers?
    Thxs





    vbkris77
    03-03 11:03 PM
    Quick survey to findout how many people like the idea of having their passports restamped here in USA and avoid all the surprises and shocks. This doesn't need any legal fixes. It is a convenient measure for everyone. Besides it was an old practice that was stopped for "security" reasons or some crapp. It is a small step but helps with any cases like family emergency or some urgent business need to travel abroad.

    Based on the poll results and suggestions, we can comeup with a strategy to address the issue.



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  • dxldad
    05-18 11:50 AM
    I did not have my I-140 notice, so I emailed my attorney and he replied with a copy of the I-140 which had the priority date.





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  • eastindia
    03-06 10:59 AM
    now suddenly I got "Red". don't know what's the bloody reason.

    Maybe because you posted in the wrong forum.

    Was your post a question for lawyers?





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  • mrdelhiite
    07-23 11:10 AM
    any suggestions ?
    -M





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  • number30
    06-29 03:51 PM
    I am currently using my EAD and working for a company remotely from my house. I also have a Permanent Resident Status in Canada. I can work remotely from Canada and my company will not have any objections to it.

    Since I am on 485/EAD can I work for a US company and be on their pay roll and live in Canada? What are the ramifications?

    Please advise!

    Once you are not in US It does not matter. But as for as EAD or H1 It does not matter. Same rules apply as any other country. You have to present in US to apply and get approval for AP.

    Taxes issues may be different.



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  • irukandji
    02-14 10:21 AM
    will the GC be still valid after converting to H1B? or will it be rejected? even after AC21 has been invoked by the new employer...





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  • Tushita
    09-20 05:11 PM
    After the biometrics done, what happens next and what is the time frame for EAD, travel documents and I-485 card to be issued? Or What next after the biometrics are done? Please advise.

    Cheers,
    Tushita
    :confused:



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  • santa123
    10-01 08:35 PM
    what is the purpose of this thread? :mad:





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  • gparr
    May 20th, 2004, 03:13 PM
    I must say it made me spend some time to figure out what it is. Initially I thought it was something square floating in a container of water or a pond. Then I studied it for 30 sec. or so and realized it's a waterfall. Then I found myself really studying it to grasp what you're showing. From the "does it catch your eye and hold you" perspective, it worked for me. From the "this is a beautiful shot that I have to print and hang on a wall, I'd probably vote no. But I am going to go back and look at it a second time because I'm intrigued.
    Gary



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  • vadik78
    03-28 04:32 PM
    Bush said he wants to improve the working visas, I think the prority needs to offer to Canadians because Canadinas use the same language and education system, the distance is closer. We need to call all the senetors, the working visas.etc. need to go to Canadina citizens first.

    I agree, except.... if canada is similar and so close to the United States, why would you want to come here:confused:

    :D

    Good try, anyhow.;)





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  • sevenm
    09-21 12:28 PM
    Sorry for the multiple threads. The system showed an error message when I tried to submit it the first time. Sorry



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  • fasterthanlight�
    04-10 01:45 PM
    Holy ancient thread batman!





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  • moveahead123
    10-10 06:44 PM
    Members/Non-members,

    Please join the Southern California State Chapter.

    Help yourself by joining Southern California State Chapter. Know how you can make a difference by joining us.



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  • jonty_11
    07-14 04:09 PM
    I think we need to ask Congress for fixing the LUD mess....C'mon

    LUDs mean nothing...Lets instead concentrate on IV initiatives on Home Page. Contact your local chapter for guidance.





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  • kaisersose
    10-11 06:00 PM
    Dude,

    You are already out of status as you are not on L anymore. As of october 01st, your status changed to H-1b and you can only be employed by your H-1b employer.

    Talk to a lawyer who knows L stuff (not many do) and straighten things out.



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  • vshar
    03-11 12:53 PM
    My wife got her h1B stamping done on 2/2/10 at Delhi embassy. It was smooth and they asked for 797 and the passport and then asked what her company does and what her spouse does( as she changed her status from H4 to F1 to H1B). that's all.





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  • srilakshmij
    02-11 11:45 AM
    Hi,

    One of my friends lost his Petition papers. His H1-B visa is about to expire and he wants to file for an extension. Currently he is in India and was planning to travel to US this week, when he lost his petition papers.

    Will it be possible for him to travel to US without his Petition papers and apply for a duplicate / extension?

    Please let me know any help line number where he can call to clarify his doubts.

    Thanks much
    Sri



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  • hopelessGC
    04-15 12:11 PM
    Got mine in November 2008. No issues at all.

    From Mumbai





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  • tempgc
    11-05 10:16 AM
    Hi all,
    If anyone knows TSC fax number, can you please share that with me. I am a July 2nd 485/ EAD/ AP filer and I didnot receive my AP yet. My H1 visa got expired and i need to goto India ASAP.


    Thanks a lot





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  • emailrob
    10-27 03:48 PM
    Well they could hurry up and approve my eb1-c that's been pending for 8 months despite them saying 4 is their target! I can't see how they can say not enough applications when they are way off their targets for poor souls like me. I've put in an SR so we'll see what happens





    aug2007
    03-22 01:03 PM
    While working for Company A, I took LC substitute (may 2007 as a future employer) for Compnay B and filed concurrent 140/485 in July 2007 fiasco (India EB3 PD Oct 2004). Later in Feb 08, I've joined Company B with H1 transfer while 140 & 485 were pending (for me and my spouse). I've not filed H4 ext for my wife thru company B as we both had VISA stamping from Company A till 4 Apr 09. I94 also has the same dates.

    My H1 with company B got approved early this month (Took 12+ months after one RFE was answered in Oct 08). New H1 and I94 on Approved 797 has the date till 02 Oct 2010 (6 yrs from the first H1 start date). The I94 card number is not same as my previous I94 card. 140 got approved in Oct 08. I've valid EAD (renewed once) but never used it.

    I'm curently on H1 and my wife is on H4. My wife's EAD is expired and I'm in the process of renewing it. My wife's H4 & I94 is expiring on 4 Apr 09 and I've not filed for H4 extn.

    1. Do I need to file H4 extn? Or will my wife's status changes to AOS when the H4 & I94 expires? Will my status also have to change from H1 to AOS inorder for my wife's status to change to AOS?
    2. If my wife can change to AOS while I'm on H1, can she start using EAD and I continue to be on H1?
    3. If I'm on H1 and loose the job then I'll have to go back to India. But if I change my status to AOS/EAD then I can stay in US waiting for the next job. If I loose the job, can I change to EAD (after losing the job) or should it be done while I've job in hand?
    4. If I switch to EAD and have some issue with 485 processing, can I switch back to H1 (Provided I'm still with the same employer and my H1 is valid)? What happens to my wife's staus in this case?

    Thanks in advance for your guidance.





    nefrateedi
    08-01 05:29 PM
    Thanks for the information.

    say for eg, there is a $1000 fee for my 485, does this include spouse's 485 also?
    Or I have to pay seperate $1000 for spouse's 485?

    No, it does not include the spouse's application. The fee schedule will give you a good idea of what the fees are for each category.



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  • sekasi
    04-06 01:30 AM
    If this doesn't win there's something fundamentally wrong with the world ; )

    Total monkey island 2 mixed with Day of the tentacle feel

    : )





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  • gsc999
    04-02 02:37 PM
    Attention Northern California State Chapter Members:

    We have a conference call to discuss our AdminFix - Phase II strategy. Please mark your calendar and attend.

    When: Thursday(04/03) @ 7:00 p.m. to 7:45 p.m.
    Where is the call in info: Already posted in the Northern California state chapter group.

    Given the success coming out of Phase I, there is tremendous potential for a big change in the green card process by implementing Phase II

    Other state chapter members who are in the midst of planning for Phase II are also welcome to join. But you have to belong to a state chapter in order to participate

    Lets do this guys.

    PS: If you live in Northern California and aren't member of Northern California state chapter, PM me your phone number and e-mail Id so that we can get you all setup





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  • die_exquisita
    05-26 03:39 AM
    Hello,

    My fiance who works now in OPT status has just got his fisrt-time H1 approval and will be travelling to India for our wedding in August. Is it possible beforehand to make an appointment together for our respective H1/H4 a week after the wedding? Thanks for your time!





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  • rugget
    11-18 10:02 AM
    cool lookin squid ya got there



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  • gc??
    05-04 12:58 PM
    Why does a PERM get audited? There are many threads regarding perm audits and denials.. thanks





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  • fromnaija
    09-12 07:28 PM
    My friend has a question. His wifes H1 got approved. As of now she doesnt have job. What if she gets job in dec/Jan. There wont be any pay roll for october and november. Will this create any problem at the time of visa stamping in India if she goes for vaction later in next year.

    Is there any time limit to Start working after october.

    If you know the answer correctly please write,

    Not an answer but a question. How did she get H1 without a job?



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  • rkumar28
    07-30 01:16 PM
    Hi Experts,

    I will really appreciate any reply on this.





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  • seemashah
    10-24 03:47 AM
    Hi:

    Me and my husband left US on AP, which is valid until nxt year. We both were working on valid H1's until we left. We dont want to go for stamping and will use AP on our arrival at the POE. We havent applied for EAD when we left. Is it Ok for us to apply for EAD once we are back in US or is it ok to apply for H1's again once we r back. In both cases whether we go for h1 or EAD, can we start wroking rt a way or do we need approval first.

    Thanks.



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  • Almond
    07-05 11:55 AM
    You'd have to reapply for I140 for the new company. The one you had approved for the old company will not be valid for the new company.





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  • ivy55
    06-17 01:03 PM
    When I filed my I140 I put "none: in the column for A#. Now the A# in I140 (EAC-xx-xxxxx) is different from the#in I94 which one do I use. Can I put it as N/A ?

    Thanks
    Joseph



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  • wandmaker
    12-05 10:39 PM
    pnagar: (1) Employment Verification Letter with your Job roles, responsibilties, which should match/similar to your GC labor; and your annual income. (2) Once your 140 is approved and 180 days have passed after filing 485; it will not affect you even if your employer withdraws the 140 application. It will affect only if USCIS revokes based on fraud grounds.

    For the PD of 07, it is a long way to GC with out the help of organization like IV - If you have time, take look at the omnibus fund raising and help in anyway you can.





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  • jonty_11
    06-14 03:42 PM
    ~~~~~~~~~~~~~~
    Clues, anyone?



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  • highskies26
    09-07 04:33 AM
    Guys,

    I just got my approval (Mar 06, TSC), finally! The key issue that I am facing is that I am not in US at the moment and it is very difficult for me to return immediately.

    1. Is it okay that I come back after a month or so?

    2. Secondly, my AP is expiring later this month though I have H1B stamped till next year. The issue is that earlier this year I had used AP to enter US in spite of the fact that I had a valid H1B. DOES this invalidate my H1B visa? Can I use the H1B visa to enter US after my AP expires???

    Is there anything else I can do such as getting the cards fedexed to me and use them to enter US?

    Experts pl. advise�

    Thanks a lot.





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  • eb3retro
    01-29 02:26 PM
    I would anticipate EAD to be processed in max of 3 months and AP in 2 months.
    Would also add a buffer of 2 weeks (just in case).

    Thanks Krishna...



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  • prakumar
    07-18 11:37 AM
    I am in a complicated situation...

    Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.

    So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?





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  • geesee
    08-22 12:41 PM
    I'm from NJ, but I dont consider myself very knowledgeable about Immigration issues.

    I wonder if Chandu or Sanjeev are interested.



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  • Michael chertoff
    05-17 08:51 AM
    Dear Attorney and other friends,

    Please give me some advice on my situation,

    My mother had green card through my sister who is US Citizen. four years ago my mother wen to India and did not came back. after 6 years she again came back on visitors visa.

    we want to renew her greencard.

    Please advise if it is possible of we have to start new process?

    Thanks

    MC





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  • misholiver
    10-29 06:14 PM
    Hello,
    I am a little confused. how lond does it take to get a reciept?
    I send my I-130 to Nebraska on Sept 21, 2007 and still didn't recieve a reciept :(





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  • gondalguru
    07-11 05:26 PM
    I have filed I-485 as derivative on my spouse case with his PD of EB3 Dec2005 as his I-140 was also approved in july 2007. I have AP/EAD through it, but have never used them.

    I am currently on H1B and just got my I-140 approved through my employer in EB2. My priority is Feb 2005 which is much earlier than his EB3 Dec 2005. The approved I140 has the same Alien # that I received through my pending AOS case filed earlier in july 2007..

    Do you recommend filing I-485 again based on August bulletin now that my PD is current.

    How does processing date working in tandem with Priority Date.

    What is your take on multiple I-485 filing.

    Another option will be utilize consular processing with your approved I-140 especially with your current PD.

    You may not need to file another I-485. If you applied through lawyer -- ask your lawyer to interfile your and your spouse's I-485 with your approved EB2 I-140. It will save you time and money.





    bpadala
    06-11 06:29 PM
    Hello,

    In first place this is not a place where you will have individuals answering questions related to Canadian Immigration. You can look at "http://www.canadavisa.com/canada-immigration-discussion-board" and get more info on the same.

    To answer your questions, In first place this program comes up with few clauses. Your eligibility to apply for this program is contingent upon the fact that you hold a current H1B and are working on H1B for atleast one year. It is also important to prove your H1B status when you get your permanent residency with Canada. With the over flow of applications, they added another clause in the form of eligibility which will make only "IT Managers" eligible for this category. They were taking applications with all NOC codes but offlate around May 29, the eligibility is dependent on your IT Manager role.

    Blog through the above site and you should be able to get more info. Check this one too

    http://www.albertacanada.com/immigration/media/h1b_FAQ.pdf

    Good Luck





    sweet_jungle
    02-02 02:13 AM
    Can somebody provode me list of H-1 sponsoring consultants in non-IT field?



     

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