Wednesday, June 8, 2011

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  • broadcaster
    11-08 03:42 PM
    On July 27, I sent my I-485/I-765 to the TSC. Case was delivered on July 31. I have no receipts, my checks have not been cashed. I called NCS, they asked me to wait two more weeks.





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  • desi3933
    06-22 09:59 AM
    This is from my attorney:

    All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
    EAD card copy for OPT if you had any;
    All the visa stamps for reentering the States;
    All H1b approvals;

    I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.

    "Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.

    It is the last entry not the first entry.

    It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).

    If your attorney does not understand 245(k), may be you should consider getting second opinion.

    Section 245(k) applies for ALL employment based I-485s.

    Not a legal advice
    ----------------------------------
    Permanent Resident since May 2002





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  • LookingForGC
    05-10 10:11 AM
    The best is yet to come my friends





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  • Leo07
    10-21 04:51 PM
    People are just wary about anti-immigrants lurking.

    Best of Luck!



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  • sriramkalyan
    02-06 11:22 AM
    So what ... r u scared ...you will be deported ...





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  • gaz
    11-18 01:36 PM
    background -
    A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
    H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.

    questions -
    If she gets laid off (next round of layoffs are expected in dec), can she still:

    1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
    2) file a new labor and port her PD from the approved 140?
    3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?

    Thanks in advance!!



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  • hibworker
    03-21 11:04 AM
    I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.

    It is part of new employer - employee relationship memo. One of my friends has been working for 3 yrs at US Company via 2 layers of vendors. He went for stamping at Delhi 2 months ago. During the interview he was told that his visa has been approved - however a week later his passport arrived with visa denied.





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  • istrategist
    03-15 12:25 PM
    Still hoping to hear back with some suggestions / pitfalls / things to be careful about.
    Any help greatly appreciated - thanks!



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  • redcard
    03-03 01:42 PM
    USCIS has withdrawn the 180 name check pending policy for name check.


    http://www.immigration-law.com/





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  • anilsal
    07-07 02:15 PM
    We need to post every news article on DIGG and then as many of us as possible, should digg them.

    I think it may be possible that because of us digging a lot of the earlier news reports, smaller newspapers are picking up material.

    Go IV.



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  • ImmiLosers
    01-09 03:28 PM
    They don't get free renewal .. they have to pay everytime they renew their EAD/AP. :(

    luckily right now we can get 2 years EAD for every renewal (some conditions apply).

    ps : need more green <hint> <hint> :D

    What conditions to be met for getting 2 years renewal? Anyone...
    I am about to send my package to lawyer for AP/EAD renewal, URGENT!





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  • nousername
    09-11 08:26 PM
    Has anyone recently used AP to enter the US from San Francisco, CA?

    I would appreciate if you can please share your experience and the documents you carried (showed) at the POE.

    Thanks



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  • stucklabor
    03-11 11:01 AM
    Akela,

    I am not sure if line 14 of the ETA carries much significance. You can always submit your qualifications during I140.

    Can you get a copy of ETA 750 Form A? That will tell you if the job requirements were filed under EB2 or Eb3.


    Guys,
    Please answer me the following question?

    I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
    Did my lawyer blunder or I am ok?
    My labor is not cleared yet. So no way to check I-140.

    I know few things
    ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
    ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.

    Thanks,
    akela

    Thanks in advance,
    Akela
    Did my lawyer blunder or I am ok?

    Thanks in advance,
    Akela





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  • GC08
    05-21 07:29 PM
    We are chasing behind so many stuffs at this important time. We should forget about the merits or demerits of point system. It can be good or bad. We should forget about how Z visa holders get more benefit than us. It is something not in our control and big politics behind everything in the bill. Therefore, we should not concentrate on this as it is not our objective. We should focus only to eliminate retro in EB ASAP. We should try to bring a simple amendment to the bill, so that retrogression in current EB ends ASAP.

    A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.

    We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy

    Yes. :)



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  • ibmguy
    04-09 02:09 PM
    Thanks to all who responded. I really appreciate your time. Your replies have really been useful. It seems like one can maintain both H-1B and I-485 adjudicating status simultaneously. Some employers probably go by the policy of continuing H-1B status. Only thing for me is that I will have to go for visa stamping which I really did not want to as it is such a hassle and takes a lot of time.





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  • Saralayar
    08-07 10:42 AM
    Relax guys...sorry ..

    do you need to use these kind of words for posting a thread which I did by mistake?
    Check the threads in the forum and then create a new thread if necessary.



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  • viper673
    11-14 07:15 PM
    Sent to TSC





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  • neverbefore
    08-16 02:40 PM
    Hi,

    I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.

    Thanks.

    My experience at H1B stamping was that they canceled all my previously stamped visas and wrote/stamped "CWP" or "Canceled without prejudice" on them





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  • ddeka
    12-31 10:06 AM
    My attorney applied for me. I am not sure what needs to be done if you want to apply yourself. AP will be valid for 1 yr and requires renewal every yr.

    Thank you for your help. I really appericate your response.
    I have one more question. How I can apply for AP? How long AP is valid for?





    bestia
    07-16 10:30 PM
    Argument:
    Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?

    If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.





    Wish_Good
    04-30 12:45 AM
    Hi All,

    My Current Situation: I-140 approved on Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But H1 extension (No RFE just straight denied) - Denied based on "Old Company A"s I-485 - which was denied in June 26th 2008. Iam still in project and no issue of paystubs and all.

    Looks like USCIS didn�t considered my current company�s approved 1-140.

    Right now, Employer applied MTR (appeal) provided all documents.. like approved I-140 copy, LC copy and previous H1 copies.. etc.

    I don't have EAD.

    Please some one share their experience and suggestions:

    *Usually how much time they will take to respond this kind of Appeals (MTR).
    And also for safe side -- can I file another H1 in premum processing while this MTR is in pending.
    *If my MTR appeal decision getting delay... can I work for my employer even after July 13th until I get decision on my H1 Extension. Do I eligible for that or I need to go back India.

    Iam really worried, I got 2 younger kids.

    I request, Kindly give me your valuable advice.

    Thank You All,
    Wish Good



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