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  • factoryman
    02-09 07:21 PM
    Congressmen from hi-tech SF and CA.

    Rep. Lofgren (D - CA) : 16th District - San Jose

    Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz

    Rep. Pelosi (D - CA) : 8th District - San Francisco and north

    That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.





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  • p_aluri
    08-03 06:51 PM
    I would say second one is correct...

    Hi All,

    I am not sure whether this has been answered earlier. Here is my situation.

    My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer

    Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.

    Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.

    Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.

    So I am confused in this case and my employer will believe in what the company law firm will say.

    So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?

    Thanks





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  • moonrah
    10-23 02:46 PM
    Be proactive and do it ASAP.





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  • EndlessWait
    12-06 08:01 AM
    I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.
    not EAD, but thanks for the reply.



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  • USDream2Dust
    10-15 09:42 PM
    Thank you.

    I also am thinking same. But since I had medical RFE, I am not expecting any more RFE at this point. Looking at my PD, it wouldbe another year or 2 in best case scenario to pickup the file and get over it. So if can get a break of 2-3 months between jobs,it would save me alot of tension and worry.

    and if officer wanted EVL, he would had added a clause in my recent RFE.No point in going back to my file and saying. oh!! let me ask him EVL now that he is done with medicals. And if he does that it would be atleast an year or 2 if not later.

    But then again, nobody can predict USCIS, but atleast I can be happy that I thought thru it and probability is very very slim of me getting hit by a bus on an intersection.





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  • indyanguy
    08-07 09:31 AM
    Please

    Well, if the employee's qualifications and experience are a match to an approved labor application, why would it not be considered genuine? I understand you being paranoid about LC subs because of the fraud that was involved. To generalize this is however not appropriate.



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  • sameer2730
    02-03 08:54 AM
    Should it be the date you last received a valid I-94 at the POE or the date you entered from canada or mexico using AR?





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  • reddymjm
    10-04 04:05 PM
    GOOD. IV will be free from some head ache.:)



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  • YesGC_NoGC
    06-05 11:02 AM
    My employer (decent size company over 700 employees) responded back after several followups I got this answer back
    " Wehave not yet started the forms processing as we have been gathering information from all of the employees that qualify for permanent residency".

    What qulification they want to do after labor and approved I-140? my PD is Sept 2002 EB3. huh.....

    :mad:





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  • gcseeker2002
    12-21 10:40 AM
    I spoke personally to the SFO consulate and they said , unless you have something in your passport that is valid you need a transit visa. They dont care about other forms of travel.



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  • shana04
    05-15 10:51 PM
    For my Spouse
    2. Evidence that you maintained non immigrant status


    For my spouse,

    We have applied for I 485 after our visit to India.

    1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94

    How and where can I get a copy (I never made a copy of that).

    Note: Spouse passport has stamping but the requirement is copy of I 94

    any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.





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  • atul555
    09-02 02:17 PM
    Your previous thread, you narrate the incident. You are pleaded guilty in the court. But now you are saying the court dismiss because unintentional stealing.
    Which is correct ???
    You are stealing/swallowing your words ??? !!!!!!!!!!!!!!
    SEE YOUR PREVIOUS THREAD.
    http://immigrationvoice.org/forum/forum105-immigrant-visa/24389-travel-on-ap-to-india-shoplifting-case.html

    I don't think he is here to be tried in public by idiots like you. Why is this site full of self righteous punks who reply back to put others down. I saw similar set of replies for a woman who sought help regarding her status for entering the country without passport from Canada (which was legal pre 9/11) and then divorcing the dude she was married to. Some righteous pricks called her names and gave red dots generously.
    Seriously if you don't have constructive advise just keep your mouth shut. Nobody needs you to bring your vigilantism and judgement ion other people. A few too many pricks are the reason a lot of us get turned off of this site.
    The OP needs some advice irrespective of how he got to this situation.



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  • prioritydate
    08-13 01:03 AM
    Well, are we all not trying to be Americans? So what�s wrong with cheering for the guy who makes this nation proud? If we were ALL trying to permanently migrate to India, in that case you will not see any opposition to Bhindra's achievement. I personally think that there is no need to make issue out of "this" or "that" on the forum for everything going on in the world. Both these gentleman and others who did well are remarkably disciplined human beings and we ought to celebrate their perfection, maybe by trying to be closer to perfection showing a little more appreciation for each other.

    Although I must quote a reporter on the news recently who said "When we wave Americans flags, we want to be called/seen as patriots and when others wave their flags, we call them nationalist". I found this comment very interesting.

    The point is, no matter what, we will find our differences superseding anything and everything in front of us under any given situation. That�s just Great�. maybe that�s part of being human �. do we expect ourselves to behave/react better than this�. Maybe we just want others to behave better than "this".

    There is nothing wrong, I was just showing the "fairness", Mr Would be "American".





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  • factoryman
    06-19 01:04 PM
    Last night I didn't stay at the Holiday Inn. FIFO.

    or did you ask for this:
    Step-by-Step Guides



    ADJUSTMENT OF STATUS (I-485)
    Below is a step-by-step procedure explaining how your Adjustment of Status case will be processed. You should read this entire process before beginning any of the Steps. In particular, you may want to review some of the Miscellaneous Issues in the process. Please follow the procedures exactly to insure both efficiency and effectiveness in your case. If you have any questions, please contact the attorney and/or paralegal handling your labor certification or I-140 case.


    STEP #1:
    Please compile the following documentation for yourself and each family member who will be immigrating with you i.e. spouse and children born abroad. You will note that some of these documents may already be in our files, however, we may have received those earlier copies from a variety of sources and are not always able to determine the chain of custody demanded by the 485 process. Therefore we are requesting that you provide all documents listed below. Please mail it at your earliest convenience to the attorney handling your labor certification and immigrant petition case.


    a) A copy of all approval notices received from the USCIS


    b) A copy of all I-94 cards (received upon entry into the U.S.); I-20's (issued if you were ever in F-1 status in the U.S.); IAAP's (issued if you were ever in J-1 status in the U.S.)


    c) A copy of every page of the passport


    d) A copy of your marriage certificate


    e) A copy of the divorce decree from any previous marriages of yourself or your spouse


    f) A copy of the birth certificate for each family member adjusting status with you


    g) A copy of your income tax returns for the past three years


    Please Note: If a document is not in English, then you should provide an English Translation.


    DOCUMENT TRANSLATION INSTRUCTIONS


    TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE


    ALTERNATE DOCUMENTATION (This is necessary when a Birth Certificate is not available or when the Birth Certificate does not list the name of the child or both names of the parents.)


    STEP #2
    Complete Form G-325, Biographic Information, on yourself and on behalf of each family member who will be adjusting with you.


    Instructions for completion of Form G-325:
    -Please print legibly. Our legal staff must be able to read your hand-written G-325.
    -Although the USCIS does not require the G-325 for children under the age of 14, our staff needs the information in order to complete other forms.
    -In order to access the G-325 form you must have "Adobe Acrobat Reader" software. If necessary, you may first download this free software.
    -You do not need to sign the G-325, we will type out new forms for you to sign.
    -You do not have a “File Number” or “A Number”. Please leave those fields blank.


    FORM G-325

    Special Note: You will notice that two copies of this form appear as PDF files. Please only complete one copy of this form for each family member.


    After you have completed steps 1 and 2, please mail all to the attorney handling your labor certification or immigrant petition (I-140) case.

    STEP#3:
    Complete your medical examination. To obtain the name of a CIS doctor in your area you may call 1-800-375-5283.


    DISCLAIMER: The medical examination results must be no more than one year old at the time that we file the I-485 Adjustment of Status. Therefore, we recommend that you do not complete the medical examination until your I-485 is ready for filing.


    To obtain a medical examination form, go to http://www.uscis.gov/files/form/I-693.pdf


    MEDICAL EXAMINATION INSTRUCTIONS


    STEP #4:
    Obtain the required photographs for your application. Keep in mind that two photographs are needed for the I-485, two for the employment authorization document, and two for the advance parole authorization. If you are not sure whether you need the employment authorization document or the advance parole authorization, please contact the attorney handling your labor certification or immigrant petition.

    USCIS Photograph Instructions



    MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
    Adjustment of status is the process whereby a foreign national obtains permanent residence while physically present in the United States. In contrast, consular processing is the procedure for obtaining permanent residence at a United States Consulate outside of the United States. Generally, it is preferable to file your case under the I-485 Adjustment of Status process. If you are interested in having your case filed as a Consular Processing case, please contact the attorney handling your case immediately.


    MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING

    EMPLOYMENT AUTHORIZATION
    After a foreign national files the Adjustment of Status application he can continue to work on the basis of his H or L nonimmigrant status assuming that status has not expired. Adjustment of status applicants also have the option of filing for an Employment Authorization Document (EAD) either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. In essence, the applicant needs either the H or L nonimmigrant status or the Employment Authorization Document but does not need both. However, an adjustment applicant with a valid nonimmigrant status may want to obtain an Employment Authorization Document to allow him to work an additional job.


    The spouse and children of the adjustment of status employee may obtain an Employment Authorization Document either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. As such, the spouse and children can work for any employer.


    A foreign national can extend his H or L status even after filing the I-485 application.

    TRAVEL DURING THE ADJUSTMENT OF STATUS PROCESS
    A person may travel after filing the Adjustment of Status application if s/he holds either of the following:
    • A valid H or L visa stamp in the passport, or
    • Advance Parole authorization
    If a person applies for advance parole (either because he does not have a valid H or L visa or simply because he prefers to have advance parole) then the advance parole authorization will be valid for a one year period and will permit multiple entries into the United States.

    OUT OF STATUS / UNLAWFUL PRESENCE
    If you have been out of status or unlawfully present at any time, it is imperative that you contact your attorney immediately. To do otherwise may jeopardize your continuing status in the United States and/or may prove to be a bar in traveling or adjusting your status to that of Permanent Resident.



    I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?

    Please let me know.

    Thanks in advance!
    ~Anil



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  • ram006
    07-17 01:04 AM
    I am not sure if my reply is correct.
    But if the dates are current for you, can you just not reapply for 485 ?

    I can re-apply, but my 485 is already approved on July 8th!





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  • ags123
    02-10 06:28 PM
    The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
    These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)



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  • kirupa
    08-20 06:25 PM
    Cake - that is by design. Place the contents of your grid inside a ViewBox control (WPF only I believe). Once you have done that, you will see the contents of your grid scale as its height gets altered.

    My earlier XAML snippet could be used when pasted between the <Window> tags. To try out what I just mentioned in this post, create a new WPF project called Animation and overwrite all of the XAML in Window1.xaml with the following:
    <Window
    xmlns="http://schemas.microsoft.com/winfx/2006/xaml/presentation"
    xmlns:x="http://schemas.microsoft.com/winfx/2006/xaml"
    x:Class="Animation.Window1"
    x:Name="Window"
    Title="Window1"
    Width="640" Height="480">
    <Window.Resources>
    <Storyboard x:Key="Storyboard1">
    <DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid" Storyboard.TargetProperty="(FrameworkElement.Height)">
    <SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="0"/>
    </DoubleAnimationUsingKeyFrames>
    <DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid1" Storyboard.TargetProperty="(UIElement.RenderTransform).(TransformGroup.Childr en)[0].(ScaleTransform.ScaleY)">
    <SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="2.93"/>
    </DoubleAnimationUsingKeyFrames>
    <DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid1" Storyboard.TargetProperty="(UIElement.RenderTransform).(TransformGroup.Childr en)[3].(TranslateTransform.Y)">
    <SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="96.5"/>
    </DoubleAnimationUsingKeyFrames>
    </Storyboard>
    </Window.Resources>
    <Window.Triggers>
    <EventTrigger RoutedEvent="FrameworkElement.Loaded">
    <BeginStoryboard Storyboard="{StaticResource Storyboard1}"/>
    </EventTrigger>
    </Window.Triggers>

    <Grid x:Name="LayoutRoot">
    <StackPanel>
    <Grid Height="100" Background="#FFF5FF00" x:Name="grid">
    <Viewbox HorizontalAlignment="Left" Width="100">
    <Button Content="Button"/>
    </Viewbox>
    </Grid>
    <Grid Height="100" Background="#FF00B3FF" RenderTransformOrigin="0.5,0.5" x:Name="grid1">
    <Grid.RenderTransform>
    <TransformGroup>
    <ScaleTransform ScaleX="1" ScaleY="1"/>
    <SkewTransform AngleX="0" AngleY="0"/>
    <RotateTransform Angle="0"/>
    <TranslateTransform X="0" Y="0"/>
    </TransformGroup>
    </Grid.RenderTransform>
    </Grid>
    </StackPanel>
    </Grid>
    </Window>


    :)





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  • WeShallOvercome
    09-11 01:03 PM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.


    Stay calm!!!

    It's already about 2 months since you filed your AOS application.
    Now you THINK that you might be laid off - Are you sure ?
    But in any case, it's good to be prepared for the worst.

    Apply for EAD/AP without wasting a minute (Just include your Fedex receipt or proof of delivery with your application and include a bright colored paper in your application and write the following on it:
    Attn: Mail room
    This I-765 application is in connection with the I-485 application filed on xx/xx/xxxx the receipt for which has not been received. The details of the I-485 application are:
    Lastname
    Firstname
    DoB
    Country
    EB category
    PD
    "

    After you have done that, Find a new employer and get your H1 transfer process started. It does not have to be approved for you to start working for the new employer, it just needs to be filed. But keep working for the current employer as long as possible.

    If you are laid off, talk to the HR and make sure they keep your I-140 alive for atleast until 6 months have passed.

    Even if you are laid off before 6 months, you'll be fine if your I-485 is not adjudicated within 6 months(it WILL NOT happen)..

    You don't need to be on constant payroll after filing your AOS. Just that sometimes they send an RFE asking for recent paystubs, Which is not likley to happen in your case. A few weeks break is fine..What is your PD btw?





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  • gsvisu
    07-17 05:54 PM
    Thanks & Contribute... This is only the beginning.

    Miles to go before we sleep !

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute





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    01-09 04:39 PM
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