Friday, June 10, 2011

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  • bekugc
    03-31 11:33 AM
    previously when entering on AP, they used to ask for receipt of 485.
    so main proof they look for is a valid 'inprogress' 485 appln.

    i dont think theyll ask ur wife to show her EAD card at the port of entry.

    to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.

    having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.

    this shud be an easy qn for ur attorney.





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  • sukhyani
    01-27 11:43 PM
    These are minor things, although annoying, but I wouldn't worry about them. I guess it's just your GC interview. The good thing is that they are processing your case. I would suggest taking your lawyer with you. When is your interview? Just curious what is the time frame. Good luck.

    Thanks

    Interview is scheduled during the first week of March.





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  • tinamatthew
    07-23 10:45 AM
    If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. AC21 is very specific = 180 days not less. So even with a letter from the employer, IF i-485 has not been pending 180 days, you cannot induce AC21 If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)

    Confirm with the co lawyer also. Yes, you are right. Always confirm advice with a lawyer

    Hope this helps





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  • stucklabor
    03-16 12:38 PM
    I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.

    Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.

    In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.

    In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.

    So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.



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  • kaybeedee
    11-05 12:06 PM
    My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.

    In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.

    Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?

    - I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?

    - Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485

    Many Thanks !!!





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  • redgreen
    08-09 11:40 AM
    Have you put a last date for cashing, on your check?? I just want to know how to do it?
    Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
    Thanks for your wisdom and help to the IV community.


    Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.

    I am worried about checks not being cashed yet. After Aug 17th the window is closed.



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  • go_guy123
    12-09 09:31 AM
    Dream passed the house.
    Upto the Senate now........

    Its needs 60 votes to stop filibuster in Senate.





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  • anilvt
    08-10 05:15 PM
    count me too



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  • ImmigrationAnswerMan
    06-30 03:06 PM
    Wish Good:

    Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.





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  • gc2
    09-17 11:05 AM
    thanks for your response. To clarify

    1. Company A wants me to goto EAD and not do H renewal. Company B is doing H transfer now. Say H transfer notice comes through in 2 months from now and i keep working for Company A (using EAD) untill 2nd Jan. In this time Company B will hold my H visa but i wont be joining them untill 2nd Jan. Thus i will work for company A from now to 2nd Jan on EAD and then switch to company B on H visa. Is this possible ?

    2. i did'nt realize that i cant pay for H renewal.

    Many thanks for your response.



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  • bitzbytz
    08-10 10:54 PM
    My PD is 6/6/6
    Hopefully current in Sep bulletin





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  • dallasdude
    05-08 02:20 PM
    It's well worth the risk now that EB2 is back to 2000. But talk to your attorney and see what he thinks is best for you and your family. I would go ahead and file for EB1 if I were you.



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  • anurakt
    01-14 06:30 PM
    I think we may have spoken about this , but here is my question :

    My wife has her passpot with visa stamped till June 2007 from my previous company. She has a new I-94 extended till 2008 July. She will be going to India in March and will be back in May (before June 2007 expiry of the visa on her passport). Here are my questions :

    1. Will at the port of entry she would get the June 2007 on her I-94 or the extension I-94 date of July 2008. I know it will depend on the POE officer, but I want to know what has been the experience of such cases...?

    2. In case she gets June 2007 on the I-94 at POE, can I get it corrected at the local CBP office to July 2008 after she is home here in US? Remember it's not a mistake by the POE officer but he/she giving preference to visa stamp and not the extension paper ?

    3 Does it make sense for my wife to remind before hand about the extension at the POE and argue it ? Has anybone done that and is it safe ?





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  • Honda
    06-24 12:29 AM
    We applied on July 2nd during July 2007 VB fiasco.

    I just received the following email from CRIS regarding my son's AOS I-485 application:
    -------------------------------------------------------------------------------------------------------
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Request for Additional Evidence Sent

    On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
    --------------------------------------------------------------------------------------------------------

    I am not sure what it is, still waiting for the mail to arrive in next few days.

    I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?

    Please advise.

    Thank you for your help.

    Did you get any updates regarding your RFE?

    Once you got the RFE plz post it. It might be useful for the other people. Thanks.



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  • waitin_toolong
    07-30 01:36 PM
    My attorney says that I-485 should be filed at the same location where I-140 was filed (when I-485 & I-140 were not filed concurrently) Is this correct?


    Yes





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  • piyu7444
    04-10 11:33 AM
    Hi Guys -

    I have a question about EAD and related to it is a question of re entry in US.

    I am currently on h1b visa and have approved I 140 and was able to file for I-485 application alongwith EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.

    Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.

    Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.

    If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???

    It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I dont want to lose this position and want to take up the FT job.

    Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?

    Gurus - please help me here...........



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  • Mount Soche
    12-18 06:21 PM
    Summons to serve on the jury are sent to anyone with a driver's license so non-US citizens should not be surprised to get them.
    As everyone else says, just notify them of your ineligibility by the stated date and you will be excused. It is very important that you do notify them by the stated date or there could be legal ramifications.





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  • STAmisha
    07-10 02:49 PM
    So what happens if USCIS calls a company which is closed. Obviosly that company is closed, so there is no way they can check it. If you loose your tax docs, it is very tough on you?

    WHat worse can happen, they might reject your 140. Since your company is applying for 2 140's, that second one will be a backup





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  • gconmymind
    02-29 01:00 PM
    Just ask your company to furnish all financial evidence asked for, like Tax statements, Revenue, etc. This is a one of the more common queries for 140. Dont worry too much and respond as soon as you can.





    ajkastar
    07-27 01:35 PM
    Receipt date was Aug 2004, RFE - required both parents names in birth certificate or affidavit will do, employer information was missing.





    rocky17105
    07-29 09:48 AM
    Could anyone senior in the forum please let me know if there is any way for me to get 485 reopened sooner where its USCIS mistake to deny 140 and 485.



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