Monday, June 20, 2011

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  • sss9i
    07-21 01:35 AM
    What should I do now??

    Nope, USCIS requests USPS to not to forward but return to sender if not delivered.





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  • hariswaminathan
    01-21 07:15 PM
    If your husband is on H1-B he should NOT have an expired I-94 as this would mean he is out of status. I presume you have extended his H1-B (I797 approval) which would have your new I-94 attached to it.

    beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.

    that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.

    Can soneone help me with this question.....please....

    My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
    I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.

    Thanks in advance!





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  • martinvisalaw
    07-17 11:42 AM
    By "Training" did you mean "Filing"?
    Otherwise it does not make any sense.

    There are 3 possible fees that need to be paid to USCIS when filing a H-1B petition:

    $320 I-129 fee
    $1500/$750 training fee (as it's usually called)
    $500 anti-fraud fee.





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  • chanduv23
    10-28 04:55 PM
    Happy Diwali. Do not lose hope.

    Shraddha and Saburi wins the game.

    What game and who are these people?



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  • vsrinir
    09-16 02:43 PM
    I DONT SEE ANY PROBLEMS, AS LONG AS YOU KEEP YOUR AP, LETTER FROM YOUR EMPLOYER AND LAST 3 PAY STUBS AND COPY OF I485,EAD,AC21 COPY IF YOU HAVE ONE




    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas





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  • smiling08
    09-19 08:52 AM
    HI All,

    I am curious how long does the I-824 gonna take, because I may need to change the consulate in Canada to activate my H1-B visa. But I dare that there is not enough time. Thanks a lot!

    Fan



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  • Macaca
    02-09 12:47 PM
    (don't hate me, I'm English).


    Please don't flame me, I am trying to be honest.

    One of my Deans used to have this poster in his office : No Guts, No Glory!





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  • InTheMoment
    07-11 10:37 PM
    With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...

    With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.

    So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)



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  • sriramkalyan
    03-09 03:52 PM
    That when he applies for 485 based on eb2 he has to request for eb3 priority





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  • cinqsit
    12-10 03:12 PM
    rubaru,

    Congratulations!

    Did you open a SR, Infopass or POJ to find out about missing fingerprints ?

    Just curious

    Thanks
    cinqsit



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  • thomachan72
    10-04 01:29 PM
    Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
    Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.





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  • ilikekilo
    08-01 05:51 PM
    My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.

    My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.

    Thanks

    do you know where ot send EAD application? do we need 485 RN? do we send EAD app to the same center we sent 485 to?



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  • keiryu
    08-20 04:07 PM
    When did you apply the switch from EB3 to EB2? Did you have to go through the entire process of PERM all over again? How long did it take? I'm considering this also.





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  • raamskl
    07-22 01:17 AM
    Hi,

    What happens if a EAD is obtained for a person on a h4 visa and the person does not work or works partially? Is that an issue, like bench period being an issue while on H1.

    I am thinking that, that should not be an issue as one doesn't need a visa to get back to the country while on EAD, as AP would be available. And potentially bench period turns out to be an issue in H1 becoz consulates tend to look at ur W2's from previous years while u go for stamping, which wouldn't be the case while on EAD. Am I right?



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  • ndbhatt
    02-07 12:34 AM
    If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.

    The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.

    Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.

    Here is what Bill Gates said last year testifying to the congress -

    "And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."

    Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx

    Welcome to the club buddy, we are going to be in these forums to long many years.

    Sanju,

    I think you missed Danonline on a very important point; his French citizenship. I assume he is ROW and hope he isn't born in visa retrogressed countries.

    I think Dan should be fine in getting his PR in couple of years and NOT 20-25 years as you mentioned earlier.





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  • duncanidaho
    02-17 10:51 PM
    Stuk,
    You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
    In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
    So, be very very careful if you exercise AC21 prior to your 140 approval.

    The best alternative is to ask your new employer to file for premium H1b transfer.



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  • thamizhan
    07-18 10:49 AM
    http://newspostindia.com/report-7892





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  • RDB
    08-16 05:12 PM
    Yes, this is part of the pre-adjudication process. No need to take an Attorney if your case is straight forward - but it really depends on you!

    Even though yours and your wife's interview time is different - they will call you together :)....just drop in both the Interview Notices together once in the room.

    Take all the documents that you can - both original and photocopies (don't worry if you don't have originals).

    We had our interview couple of weeks back and all the officer asked was for photocopies of EVL, W-2's along with Tax returns for last 3 years and birth Certificates.

    Hope this helps.

    Recently received interview letter, scheduled for Sep,3rd.

    1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

    2. Is I-140 approval copy required? Interview letter does not say anything about it.

    3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?





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  • nanneh
    04-30 02:05 PM
    Here is the format that you need. I got this from my attorney.

    AFFIDAVIT
    OF BIRTH

    I, __________________________, certify to the following:
    1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
    2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.

    3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.

    Dated: ______________, 200_ _____________________________
    Signature
    Subscribed and sworn to before me this
    ________ day of ___________, 200_
    at ________________________________.
    My commission expires ___________, 200_



    ___________________________ ________________________
    Notary Public Official Seal

    Thank you Mr. apk1928.





    coopheal
    01-26 10:28 AM
    Good movement. Looks like USCIS going work.





    himu73
    08-14 12:47 PM
    I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.

    Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.

    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.



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