Wednesday, June 15, 2011

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  • vikram2101
    08-08 05:34 PM
    That's funny someone told you that ..

    My case is similar, July 2007 NSC filer, file was transferred to CSC, and then transferred back to NSC 2-3months later, but that was after they had mailed me the 485 receipt notice, EAD and AP.

    I had called NSC a couple of weeks ago to inquire about my spouse's application, they informed me that the application was very much with them, it's cleared name check and it's waiting for it's turn so that a decision can be made.





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  • sripk
    07-18 08:52 PM
    Below is a draft statement i prepared and appreciate if you can review it and suggest any changes reqd if this is not convincing.

    I travelled to Tijuana, Mexico from San Diego. I entered the US Port of Entry at San Ysidro. My previous I-94 white entry card had been taken and I requested a new I-94 but since I already had a valid I-94 on my H-1B approval notice, the office would not issue a new I-94 white entry card.
    I have a copy of my previous I-94 entry card from <prev_entry_date>


    Few questions that may arise based on above statement:
    1. Why was your I94 from H1B notice still with you and not submiited at POE when you left the country?
    -Since i travelled by land the US POE is in Tijuana and so i submitted my expired I94 to them and also the valid I94 from H1B notice and asked for new white I94 card. Unfortunately the officer just stapled the valid H1B I94 to passport and told i am good to go. There is no stamp on it either and hence i am concerned.

    Any other possible questions you can think of that needs to be addressed in my statement?





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  • ilwaiting
    12-28 09:44 AM
    It would be really ages before EB3 moves to Jan-03. I guess we can worry about the getting stuck(in Jan-03) part when we are there. Just trying to be realistic.


    Currently EB3 is on May 01
    What are the chances of EB3 also getting stuck around Jan 03.
    Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??





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  • raj3078
    07-12 10:16 AM
    just let adolf tancredo roll of your back...hes just trying to get few more days of publicity out of his quickfading presidential bid. sala tingu

    I think his new presidential slogan should be Hail for Natives, Hell for Immigrants ;)



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  • cox
    October 6th, 2005, 01:52 AM
    Over a hundred people have looked at this and no one has anything helpful to say about extension tubes?!? Guess I'm on my own...





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  • sprash
    06-01 06:26 PM
    I had an RFE last year and they asked me to submit photos. They claimed I had not sent photos, which is untrue. I had sent them, but they probably lost them.



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  • mallu
    02-07 01:25 AM
    Hi,

    I am on H1B visa. My parents due to a medical condition cannot take care of themselves. They need someone to be present with them 24 hrs a day. Can I get them on H4 visa as dependent? I would like to keep them for 2-3 years in US and take care of them. Please let me know my options.

    Thanks in advance.
    CG

    Parents are not considered dependents . So i am not sure they can come on H4 visa. I can understand the situation ( being the only son of my parents with deteriorating health ). Once in a while i think of getting rid of this stay in USA and heading back home and caring for the ones who raised me to adult hood.

    There may be more avenues , let more knowledgeable people in this forum comment.





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  • gonecrazyonh4
    05-12 03:02 PM
    Please help on this situation.


    LC in Backlog center
    Not able to file I-140, spouse not able to work, life on hold.
    Company going to file PERM in 2 months time.
    Currently on H1b 6th Year and will be on 7th year in 2 weeks time
    7th Year extension already received based on LC filed with priority date of
    March 05
    Sick and tired of current employer,Can he move to a new employer?

    New employer is willing to file PERM, Is it possible for trasfer the H1B to new company ? What is the current employer revoke the LC before the PERM is processed? Will he lose status? Is there any guidelines on moving to new employer while on 7th year extension with No end in sight for GC process?

    Anyone in similiar situation? Please help



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  • rsayed
    12-14 12:00 PM
    Here is the satement of Senator Salzar on ICE Action and the Need for CIR

    http://salazar.senate.gov/news/releases/061212immg.htm

    It is common knowledge that CIR is required - perhaps more visible than the SKIL, since most Senators or Reps are either not that aware or not that concerned, about the Skilled Non-Immigrant community.

    Either case - whether it's the CIR that comes to the fore during the 110th congress or the SKIL, it will be advantageous for us.

    For now, I guess all we can do is wait for the new congress to step in, in Jan to see what happens.





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  • ampudhukode
    03-24 03:51 PM
    Mr. HarryOm,

    I was really hoping to get my question answered thru this thread. Can you please open another thread for yours ?

    Thanks,
    ampudhukode


    I just got me H1B approval Notice and copy of I-129 petition. There is nothing wrong with approval but I notice few things and have few concerns/questions to the group if some one had similar experience in the past:
    1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
    2. My Alien number does not show up in 797A approval notice as I have pending 485.
    3. The I-94# on passport card does not match with the one on new approval notice.

    Now My questions is :

    Do I need to get this passport#(1) typo fixed now or its ok?

    Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
    Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?

    All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.

    Any suggestions/experience are apreciated.

    Thanks

    PD Sept 2004
    I-485 pending
    I-140 pending
    EAD pending
    AP approved



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  • jonty_11
    09-17 12:41 PM
    It is one of the greatest rallying the tropos efforts I have seen. Lets march together shoulder to shoulder and demand equality and justice. It has been long overdue....
    Please do whatever you can to attend teh rally if you are in the vicinity....!!





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  • myan88
    03-30 11:08 AM
    Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.

    Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.

    But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.

    I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.



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  • piyu7444
    07-22 05:57 PM
    Anyone who has H1B extension and AP and EAD ....it is better to have H1B stamped on passport and use the same to enter US....do not listen to others....

    It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.

    THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here

    Apart from peace of mind is there any other advantage to be on h status?


    If I only have AP and no h1b stamp then is there any harm in entering using AP and then continue working on h1b (informing the employer) ?

    I am not scared of the situation -''what happens if GC is denied'' but still would want a h stamp as AP is a lot of hassle.





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  • LostInGCProcess
    08-18 12:00 AM
    Hi All,

    Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
    I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.

    Please let me know.

    Thanks.



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  • bigboy007
    08-14 11:04 PM
    if your application is ready to get a visa you will get it , we cant force USCIS to do some things neither its a defined process that application SHOULD be preadjudicated its like a best practice

    I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?





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  • GC_ASP
    05-14 04:29 PM
    Texas

    Thank you very much for your prompt reply.

    You mentioned your friend has added his wife to his green card application. Can you please let me know which Center (Texas or Nevada) is processing her I-485.



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  • Legal_In_A_Limbo
    01-14 04:57 PM
    Hi All,

    I have a question and this is regarding my husband.
    We have filed our 485 and have got our EADs and AP's. Our 180 days will be over by jan end.

    My husband works for Company (A) as a consultant. He is placed at a Client (C) and there is another consulting company (B) in between. Client (C) is a direct client of Company (B). The relationship is like A -> B -> C.

    My husband wants to join the Company (B), and keeps on working for the same client (C).

    Has anyone done something similar to this and can anyone share any legal issue with this. I will really appreciate if someone can guide us more.

    Thanks





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  • hemtir
    06-24 09:43 PM
    Hi Augustus,
    Positive in skin test could be because you had taken BCG vaccination in your childhood which is quite common in India. Check with your parents. If that is the case, you are absolutely fine and you don't even have to take medication. Your negative X-ray test confirms that your positive skin test result could be false. Positive test result only indicates that your have TB antibody in your body which is due to vaccination and not because real exposure to TB. Since BCG vaccination is not common in US, they suggest TB skin test.

    Please cross check with the doctor on this before reaching any conclusion.

    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.





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  • amitkhare77
    02-02 05:31 PM
    My I-140 and I-458 have different A#. I always put both the number on the EAD/AP application i.e. A#123456/A# 7890123. no problem so far





    cr52401
    09-07 03:42 PM
    All,

    Background:

    EB-2 India
    Employment based petition
    PD: Feb 2003
    Labor approved (after a long wait at Backlog reduction Ctr)
    I-140 filed
    Waiting for PD to be current to be eligible to file I-485

    To avoid further delays and have the necessary paperwork on-hand ready to file I-485 petition when PD becomes current, I had the following questions for the folks on this forum who have filed I-485 or are knowledgeable about the paperwork requirements:

    1) Birth Certificate: I have my original birth certificate but it is not in English.
    a. I have a translated notarized version in English from India. Will this suffice?
    b. If not, can a birth certificate issued by the Indian Consulate General suffice?
    c. Also, is this birth certificate required for spouse too if her name is added to I-485 petition?

    2) Police clearance: I know that one has to go thru the FBI name check for US clearance and this is done by processing center after filing of I-485 petition.
    a. Do I need to have a police clearance from India?
    b. If so, can a Police clearance certificate from Indian Consulate General suffice?
    c. Also, is police clearance certificate required for spouse if her name is added to I-485 petition?

    3) Medical: I have the list of approved Doctor’s in my geographical area. However, I do not have my inoculation records. Hence, I believe the Doctor will administer the shots again.
    a. How long does the approved Dr. to finalize the tests and administer the shots? Is this a 1 day or week(s) process before the Dr. hands over the sealed medical forms back?
    b. How long is the medical test valid? (Is it valid for 1 month, 6 months etc)

    4) Additional documentation: Is there any other documentation, not stated above, that has a long lead time that I can start to accumulate now?


    Thanks in advance.

    Folks, any one can help? I have same question regarding to Police cert.





    permfiling
    08-03 12:44 PM
    Did you get your EAD / AP ?



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