Saturday, June 11, 2011

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  • resident1374
    01-26 08:04 PM
    I have been going around forums to get an answer and it seems my case is unique in nature...can someone help me out?

    Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".

    I traveled to Canada on my company�s H1B.

    The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.

    The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.

    He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)

    He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.

    Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?

    Any suggestions?

    Thanks!




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  • chvs2000@yahoo.com
    08-17 10:05 PM
    ^^^^




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  • ata1234
    07-13 09:04 PM
    Done. Forwarded to other affected friends.

    Wondering why IV has 4000 members while signatures are only 1327.

    I believe your spouse can sign too because she is affected with this VB fiasco as well.
    You are right! Hopefully, everybody is including their spouses too.




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  • GCInThisLife
    07-18 01:40 PM
    Your EB2 PD is more than 2 years from EB3 PD. So, it may not make as much difference at the end considering the volume of PERM filings after March 05. So do what you think might be safer as dates may severely retrogressed in future and even cut-off date moment till 2005 wouldn't be any time soon and you wouldn't want to get I485 rejected due to problems in I140.

    Also, I am not sure if you can have more than I485s pending at the same time i.e., when you do not withdraw EB3 I485. Check with your attorney.



    Hi,
    Hello all,
    Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.

    My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.

    At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?

    Gurus, please help



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  • songlan
    12-05 08:16 AM
    That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney




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  • sparklinks
    04-09 03:59 PM
    Hello,

    This is my status.

    I 140 � Approved in 2006 and have a copy.
    I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
    Perm Labor � Have perm labor approval copy.

    Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.

    I would like to send AC21 job change info to USCIS my self.

    Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.

    And also advice if anyone used new attorney only for AC21.

    Thanks.

    One quick question, does perm labor approval copy will have any job details/code on it or just approval notice ?



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  • Ann Ruben
    01-20 11:17 AM
    Abhay,

    The USCIS online case status system has never been 100% accurate. New data is "dumped" into the system on a nightly basis, and sometimes there is a technical glitch that randomly prevents some data from being transferred. USCIS claims that it is impossible to correct this problem and update case status info. in individual cases. So, it is unlikely that you will be able to get the online status changed.

    However, what you can and should do is to get written confirmation from USCIS that your RFE response was timely filed. If your lawyer is a member of AILA, he can use the AILA/TSC liaison process to obtain this written confirmation from USCIS. If your lawyer cannot or will not do this, you should consider finding another immigration lawyer. Remember that the I-485 is your application, and not your employer's. You are entitled to legal representation of your choice.

    Ann




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  • jungalee43
    08-26 09:38 PM
    Sailesh thanks for your advise.
    Can some immigatin attorney post opinion / advice please? I understand that you may not know complete details of the case. But still I would highly appreciate your opinion.



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  • InLineOnLine
    03-10 03:23 PM
    Hi,

    I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.

    What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.


    Please adivse.

    Thanks and Regards




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  • msyedy
    12-13 11:02 AM
    I hope CIR will become hot soon. This is just a spark.
    They will soon make a decision on the strategy to be followed in Iraq, appropriation in Jan and CIR.

    Praying



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  • manuseeksgc
    06-16 05:40 PM
    Hi Chi_Shark,

    I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.

    Thanks!




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  • desi485
    07-26 07:30 PM
    These Immigration lawyers should all be rounded up and publicly FLOGGED to stop them from making such BLUNDERS!! :p

    we should go to consumer court and ask attorney to refund money as he/she did not provided services properly and made mistakes. Why should one pay?



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  • rkumar18
    10-26 02:39 PM
    I had my FP done at San Jose ASC and It took us around 15 min for the entire process of filling the forms,waiting to be called for FP and doing the actual FP.

    The lady asked me to sign on an electronic pad(some people reported that they were asked to write their full name and sign at the bottom) which I did and she gave us some feedback forms to fill out and drop in the suggestion box.

    It was easy for me to locate the ASC because i used to commute by Charcot drive to take 87 on my way back home from my old office :)

    A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!




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  • linray
    06-14 12:38 PM
    Bolt,
    Could you please update this post? Per the post, I got some points:
    1. Your H1B extension denied and your I-94 card is expired
    2. You filed H1B transfer again using premium processing
    3. You got approval

    Did you get a new I-94 card since your I-94 is expired?
    Do you need to leave the USA for stamp?



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  • another_wei
    05-05 06:07 PM
    Yes, I called many many lawyers I think found one said he seen this forgot OPT before.
    He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
    10 years I been here still no nothing very sad.




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  • myimmiv
    12-17 04:24 PM
    No.

    We did not renew her I-94. She's my dependent and I'm EAD. She doen't even have an EAD, I haven't appllied for her yet.

    Our I-94 are expired now and our AP too. If I need to travel, I will need to apply for a new AP.


    BTW, we entered through Denver (DIA).

    All you need is your passport and AP. That's all!!!!

    You will be on a separate line and the immigration officer will ask you to go to a room and wait there while they verify your status. They will ask you questions to check if your anwers are consistent with your records.
    Thanks again lagsum. Do you recollect what questions were asked by the officer to you and to your daughter?



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  • immi_enthu
    08-10 01:28 PM
    I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
    What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice


    same thing happened to me.




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  • amoljak
    03-22 11:13 AM
    I think he was talking about s1932... the immigration related provisions were removed from that in the conference. You need inform them that they should at least get behind the Frist bill or Spector bill and request them to support removing the hard limits on the country quotas.

    Some talking points may be:
    Ask them if they support quotas for college admissions, and then ask if they support country quotas for immigration...
    Explain how quotas that are not tied to population are punishing countries like India and China with larger population.
    Also explain how government is dictating to the companies where they can get the talent from and how that harms businesses as it punishes countries with good education system and large talent pools.




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  • god_bless_you
    04-27 12:53 PM
    With the following conditions:

    Approved 140( already 6 months over)
    8th Year H1B extension
    485 not filed(Regression!!)


    it is necessary that previous Employer has to keep I140 open Right??




    dbevis
    February 15th, 2005, 03:14 PM
    I'm curious what it is you are trying to achieve?

    Generally, you find zooms are non-linear - the farther towards the "long" end, the more compressed the scale becomes.

    If you are wanting to repeated set the zoom to a specific length, I'd suggest a card that has horizontal bars. Draw them at whatever length you determine is a focal-length of interest, so that it fills the entire width of the frame. Do this at some standard distance - such as holding the card at arm's length. Zoom out/in until the desired bar is full-width.

    This is hardly accurate if you want precisely "x" mm length, but at least it should allow repeatedly going back to a particular setting, or close to it.




    wandmaker
    10-26 11:00 AM
    Withdrawal of H1 does not create any issues. Since she is on H1 Since Oct 1, 2007 - make sure you have a pay stub for her for this period.

    Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?



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