Tuesday, June 7, 2011

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  • vallabhu
    06-11 03:55 PM
    But it is clear as per bullet point given and Adjudicators processing the file may not understand the language they can just say only people ending 6th year are eligible and deny PP on 7th and 8th years applications.




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  • waitin_toolong
    11-21 09:43 AM
    the above scenario was if you were mnaintaing H1 status. if you are working using EAD then ofcourse your current status wont be H1 bur AOS hence you will send proof of that.

    The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.




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  • ImmigrationAnswerMan
    07-01 03:52 PM
    Anil:

    L's are only approved for one year where the U.S. company is a new office.




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  • mrshah
    11-07 10:16 PM
    our notice date on receipt is Sep 12, 2007....but no FP notice yet!

    How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....



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  • sargon
    11-16 05:07 PM
    This is very clear. An I-485 can not be approved unless its PD is current. So all pending I-485's remain hanging till its PD becomes current. CIS may continue processing such hanging 485 applications in the background, but its final approval is always held back till its PD becomes current again.

    Rule of thumb: Door must be open (i.e. PD must be current) to get the I-485 application in, and to get it out again.




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  • rpat1968
    09-20 12:14 AM
    I got a response for the SR made through Infopass saying that there is lot of work load in NSC so there have extended the processing of my I-485. IN the SR we have asked about the incorrect EB classification and wanted to know the current EB category. This shows that SR responses are most of the times useless. I made a infopass appointment (3rd visit in 1 week) and was indeed able to find that USCIS screwed up my EB classification. Now I am trying all avenues to get this corrected. Because of USCIS's mistake I Lost multiple approval opportunities in last 2 years went dates became current for EB2.

    My I-140 clearly shows that it's approved in Eb2 adv Degrees or Exceptional ability category. My lawyer and Employer both have agreed that USCIS has made mistake. in Infopass they created an SR last week with regards to this and there is no response.



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  • two business slogans on my


  • singhsa3
    07-12 10:19 PM
    See my answers in red
    I can't sleep all night.. cmon atleast give us few options.
    My take on the permanent solution:

    1. Recapture lost visa numbers
    It will need change in law. Cannot be done without senate and congress approval
    2. Medical tests are going to be valid indefinitely
    Possibily but cannot be a big news, especially if we are talking about near term good news
    3. Ppl who've worked for X years automatically can apply for I-485
    It will need change in law. Cannot be done without senate and congress approval

    5. All can apply as per the old bulletin
    Already ruled out
    6. ????
    Most likely through a Notice of Rule Making all I-485 applications will be accept. Thats my take
    cmon guys help me with this.i'm running out of ideas..:D




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  • Michael chertoff
    11-25 12:48 PM
    I feel MC was being sarcastic as usual.

    It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.

    Thanks for understanding.

    MC



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  • Funny Attitude “Ironic” T-


  • jest_1
    08-12 06:05 PM
    thanks for the answers guys. So does USCIS question about the out of status issue before the last re-entry/485 filing during I-485 adjudication ? Any idea about whether they approve/deny petitions based on this scenario ?




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  • yabadaba
    07-09 04:26 PM
    yea.. i did not read ur first post correctly..sorry



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  • wandmaker
    08-17 12:31 AM
    You will have to include Medical (if you dont have time send it after you receive the RFE). Take sometime to search for HOW TO SKIP MAIL ROOM, many people have done that during July 2007 fiasco.

    We got a rejection notice for my wife's 485 & 765 application. The notice said

    ============
    "Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
    The following documents may be provided:
    Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
    Your original Form I-360 if you are filing concurrently; or
    A copy of your Form I-797 if the petition has already beed filed/approved; or
    Other evidence that an immigration visa petition has been filed/approved on your behalf.
    ==============

    My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
    We have included following documentation in the package

    1) Forms 485 ,765 , G 325 A
    2) passport copy
    3) Birth certificate and affidavits
    4) My 485 receipt notice
    5) My I 140 approval
    6) Letter from the employer saying that i am still employed with them
    7) Pay stubs

    Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.




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  • GCHope2011
    11-29 08:21 AM
    Hello ,

    Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.


    My question is , what posibilities are the USCIS can approve or deny my petition?

    Here is the info about the parent company with the us branch :

    Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
    My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.

    I do not carry profesional degrees however i was in the payroll of the company since 1998.
    I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.

    My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.

    Is this sufficient to get an approval? or it can be rejected?
    We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.


    Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?

    Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.

    How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
    L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.

    To do so:
    - A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
    - The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
    - The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
    - The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
    - The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual

    All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle

    So, if your application is very clear cut on all of these points, then at least you might have some chance.

    There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).



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  • thesparky007
    04-17 07:48 PM
    there you go! I really like that one! :A+:finally!!
    thanks




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  • icecolor
    09-06 01:28 PM
    Same here. However, I think that we will get it sooner.



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  • cooldude
    07-19 12:22 AM
    My lawyer sent me the fedex tracking sheet for the I-485 package sent to:

    USCIS
    Nebraska Service Center
    850 S Street
    Lincoln, NE 68508

    I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??

    Is it a big deal?? Will my application be accepted.

    Please help




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  • Narend
    10-27 09:17 AM
    Hello,
    Couple of things here.
    You did not tell that even when she got her H1, does she still have valid H4?
    I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.

    She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.

    Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?

    Cheers,



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  • pthoko
    08-03 01:06 PM
    Yes




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  • alterego
    02-20 09:44 PM
    Thanks for the correction Googler. I transposed the % into a K value! My bad. However my larger point remains.




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  • bp333
    09-25 12:51 PM
    I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.

    Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??




    devan
    11-13 05:04 PM
    Thanks much for all your responses. As per your suggestion, i talked to the lawyer office, they asked me the three affidavits and sent the response today.

    Thanks
    Devan




    perm2gc
    10-04 06:47 PM
    I am from India and lived in Brussels, Belgium between 2000-2002 before being transferred by my Indian IT company to work in US on H1. Here are some facts on Brussels:

    1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.

    2. Cost of Living:
    Apartment Rent: 900-1000 Euros per month
    Lease terms: 6-12 months
    Transportation: Public (Bus, subway, trains). You don't need a car.
    Some companies offer a car+gas card as part of the overall
    compensation package.

    3. Salaries: Around Euros 35-45K per year (IT related)
    Taxes: More than US (Around 30-35%)
    Health Insurance: None
    Vacation Time: 20-30 days an year
    Education:Schools are mostly french medium. International schools
    (English medium) are more expensive.
    Desi/Indian population: Limited

    4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.


    Good info..thks



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