Tuesday, June 14, 2011

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  • gc28262
    03-09 11:51 AM
    Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?

    She could have filed I9 form on the last day or penultimate day of work. Straightforward thing to do is employer giving her a termination letter or her submitting a resignation letter on the last day of employment.





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  • gc_chahiye
    02-11 01:28 AM
    Also, there is no way that they can reduce the backlog if they end up waiting for the PDs to be current.

    I think you missed the point: if no PD is current, then there are no backlogs.
    If a case cannot be approved because it exceeds the regulatory requirements, it wont count as a backlogged case. It will sit there, gathering dust, but wont be counted in any of these stats...





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  • mhathi
    04-15 11:59 AM
    I had the same problem.

    You can always paper file. That will solve the issue. If you want to E-file, here's how I did it with Trubotax:

    put '0' for wife's AGI and e-file.
    IRS will respond saying that last year's AGI and ur answer does not match. You have to send in form 8453-OL to sign your return. This means that your return is conditionally accepted, but you MUST mail the signature form for it to be complete.

    (turbotax will provide you the form). Print it out, fill it and sign (you and spouse) and send it in.

    Thats it!





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  • franklin
    11-16 08:06 PM
    One friend of mine get his GC in the end of September/07 after filing AOS concurrently with I 140 in a middle of June 2007! His PD was Aug.2004(EB3-ROW)

    Your friend was a lucky one (like me) who got a visa number allocated very quickly in that brief window. It was relatively rare, and you can guarantee that it is very far from the norm.

    Like it has been mentioned in this thread:- rule of thumb, PD must be current for AOS in and out :)



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  • number30
    04-10 10:40 AM
    First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.

    I have I-140 approved with more than 180 days with I-485 pending.
    I still have valid H1.
    Can someone be with their sponsoring employer on H1 and start business on EAD part time.

    Once you start working for any employment othen the H1 sponsored company you will loose your H1 status.





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  • raysaikat
    07-28 08:12 PM
    --



    -- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.



    You missed the point.

    1. Every member of your family must have AP in possession before s/he leaves US so that his/her I-485 application is not considered abandoned.

    2. S/he do not need to use AP when s/he reenters. S/he can only show his/her H1-B/H4.

    In other words, it is the following scenario that you must avoid: "A person leaves US before s/he has his/her AP document in possession".



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  • gsc999
    05-22 11:59 AM
    I had the same issue last year. Per their website
    (https://www.vfs-usa.co.in/Home.aspx) September 2006 dates are current, November may not be current yet. You will have to keep checking. The rules were being changed for the visa appointment procedures last Nov/ December. If you have already paid the HDFC fee you should also have free 15 minute telephone time to ask such questions from their agent in India or you might want to call them directly at the phone number below.

    I am unsure about a single vs two appointments for you and your husband. Please confirm. It would be safer to direct such questions at the Embassy than at this forum because of the constant changes in the rules.

    Below are the helpline numbers when calling from outside India:

    If you are calling from outside India, please call us at +91 44 4231 6767
    Our agents respond to phone calls between 0800-1600 Monday through Friday excluding all-India holidays observed by the US missions.
    E-mailed queries are responded to Monday through Friday, within two working days.





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  • bang
    02-10 04:50 PM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

    There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.

    Please consult with a good Lawyer and confirm the same



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  • goel_ar
    12-02 09:44 AM
    nil.



    WHAT ARE OUR CHANCES IN 2011?





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  • hazishak
    08-01 09:28 AM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone??????????? and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
    hello .....somebody ans meeeeeeeeeeeeee



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  • skd
    09-06 03:18 PM
    Dear All,

    I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

    1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
    2. Can my wife get it done without me getting an FP notice?
    3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
    4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

    Please help us with your expertise. Thank you very much for all your time.

    PD: Aug 2005
    EB3 INDIA
    Nebraska



    You should get yours in 1-2 days





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  • mhtanim
    08-27 04:21 PM
    I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.

    What's your WAC receipt, notice date? When (date) did CSC transferred your case back to NSC?



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  • senk1s
    09-28 03:07 PM
    so it looks like TSC is getting help from CSC ....

    But nothing about apps being transferred from nsc to csc





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  • guitarzen
    09-13 01:05 PM
    W"oaaa thats a col idea man -- the UI is a bit hard to use - especially for clients with no design app experience-- maybe u need to lead people thru the coices-- eg first choose a page layout, pick one of these.. now ...... something like that ..

    but wow nice little app, a lot of work I am sure, Looking forward to seeing the finished product. ( its very processor hungry? - hard to use sometimes because of this)
    - keep trying - Kudos to u man

    Thanks for the review. I did create a small flash movie to use as instructions on how to use it. I would have added it to my upload but it ended up to large to do so. The processor problem is easily over come by taking out the color component and just do a 10 color selector but it will limit the selectivity of it all.

    If you want the instructional video email me and I'll send it to ya. guitarzen@aol.com



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  • shreekhand
    08-06 11:14 PM
    Some more data points to that calculation:

    There are 44 I-485 adjudicators at NSC (an NSC IIO mentioned that to me a few months ago) at the conservative rate of 6 apps/visa numbers (EB only) per adjudicator per day it will be 264 visa numbers per day just at NSC.

    Double that and you reach 528 per day at NSC + TSC only.
    Not including district office and consular numbers.

    Say 600 EB approvals per day * 21 working days of August would make it 12600 EB approvals in August.

    If ones multiplies that number for 12 months we reach 151,200 EB visas...which is so close to the number that was approved last year ! (Includes numbers from FB overflow)

    1% to 5% of I485 applicants register in . This figure 1% to 5% is quoted at several places and in absence of any other data, I am using this data. If we take median value of 3% worldwide EB2 approvals are around 50 and so TSC+NSC approved 1600 cases in four working days of August (400 per day).

    Median value is OK for reference, couple of places, it is quoted that 20,000 GC numbers are available for EB2. For 40 working days in Aug/Sep, it averages to 500 GC per day.





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  • overseas
    10-09 03:36 PM
    The whole problem is where should I send my AP application to ?? :confused:

    It depends on the state you live in. Please go through the AP filing instructions. There it is clearly mentioned.

    Download "Download Instructions for completing Form I-131" at the below link and you can find the information in page 7.

    USCIS - Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=dd346d26d17df110VgnVCM1000004718190a RCRD)



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  • ak_2006
    06-21 03:37 PM
    Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?
    Please look :
    http://immigrationvoice.org/forum/showthread.php?t=5353

    Look this link for photo related information.
    http://travel.state.gov/passport/guide/guide_2081.html
    http://travel.state.gov/visa/temp/info/info_1287.html
    http://www.uscis.gov/files/nativedocuments/M-603.pdf


    If possible, you can use AAA card for better/free photos.

    But don't look for money, try to get best photos.





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  • Jimi_Hendrix
    12-13 11:42 AM
    this is simple. Enforcement results will show that illegal people are bigger threat when they are illegal. Guess what the remedy is, legalize them aka CIR.

    I am ready to hear this on the local news "Latest research shows that legalizing the undocumented workers is actually better for the american public" :p





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  • go_guy123
    09-16 03:17 PM
    I knew it was gonna happen, first it was horses, now its health....:(

    "
    <b>Health Care First Or Last</b>

    Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "

    Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)

    This is it....over to 2011(for suckers who still believe that it will be done in 2011). 2010 being an election year nothing this radioactive will be done.





    qualified_trash
    01-30 12:28 AM
    why did they revoke it after approving it?





    zulo1715
    10-20 05:44 PM
    The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
    Thank you Prashanthi for your reply.

    I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?

    That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.



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