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Monday, June 13, 2011

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  • tcsonly
    09-19 04:53 AM

    There is no need to react. If you attended the rally, you can politely answer about your participation.

    Update you signature that you attended the rally, and if you met any lawmaker offices.


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  • roseball
    01-17 11:11 PM
    Hey All,

    I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.

    Recently, I got my H1b visa extension until 2012.

    I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".

    I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.

    I do hav an employment verification letter obtained from my manager at end client "X".

    I am planning to do my visa stamping while in Mumbai. I have 4 questions :

    1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
    do you recommend me to go to Mumbai for new visa stamping ?

    2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
    Any advice ????????

    3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?

    4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.

    I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.

    One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.

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  • pooja_34
    01-15 07:07 AM
    I e-filed my AP application on Dec 29 at TSC and got the approval email yesterday ... Got approved in 2 weeks.

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  • sureshvd
    10-15 11:25 AM
    I think you need to show visa proof when you go to most of the DMVs.
    But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
    When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.


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  • gccovet
    06-19 09:42 AM
    Hi everyone:

    I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.

    She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).

    My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)

    Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?

    Cousin went through same situation recently (early 2008). Parents "surrendered" their GC's, to Mumbai consulate general office, and simultaneously applied (same day same time while in the consulate) for Visitor VISA (they were advised about the procedure by Mumbai consulate office via phone, they had called them couple of months before doing this). Visitor VISA was granted without any questions asked.

    My parents are thinking of doing the same very soon.


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  • meridiani.planum
    07-18 11:39 PM
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?

    My main concern is on her status, any input will be greatly appreciated.

    Thank you.

    yes you can still file her 485 since you were married before your approval. upto 6 months of out of status is anyway acceptable for 485 filing, so dont worry about the 5 days.
    However get hold of a real good lawyer (Murthy/Rajiv Khanna etc) to file this case now so there is no screw-up again.


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  • rbashir
    09-01 09:18 AM
    I am sorry for posting it multiple times, but I do really need some guidance, and some information I am hoping somebody may help me in my RFE.

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  • sledge_hammer
    07-03 02:38 PM
    Anyone here that can answer my questions?



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  • DallasBlue
    11-10 02:55 PM
    I would like to know what is the booth number?

    Your Booth Name: IMMIGRATION VOICE
    Your Booth Number: 15

    is what I got from Needhelp. See you'll there !!

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  • drirshad
    12-31 11:15 PM
    How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ?

    How complicated is life for u now, if current employer making life hell then changing job with 3 yr. extension is best option, provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....

    If u know employer will cancel 140 at any cost if u move then decide is it still worth staying or moving. these days PERM and 140 premium taking like 6 months

    BUT wait until Feb/March the immg lobby is trying to pass some bills for us if it goes thru will b good but u can float ur resume and start interview process ....

    Happy New Year 2007 ...........


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  • axp817
    07-22 08:05 AM
    NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D

    Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.

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  • Prashanthi
    08-21 01:54 PM
    I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
    I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.

    During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.

    I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�

    Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
    I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.

    The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

    Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

    It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

    It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.


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  • kriskris
    07-20 02:13 PM
    Do you think we can apply a duplicate 485 when the actual 485 packet is already sent. Even in this case how do you send the sealed medical reports since you have already sent them.

    I am in the same boat as you are. please let me know.

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  • fxok425
    01-10 03:16 PM
    Visa number is allocation depending on country of birth. Country of citizenship doesn't matter. So if your country of birth is one of the retrogressed countries then you have to wait for long time to get a I-485 visa number.

    My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.


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  • sanprabhu
    07-13 05:58 PM
    Here is an excerpt from the blogs of one immigration attorneys

    I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

    Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.

    But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this

    PS: If this is already discussed the moderators are free to merge it, chuck it

    If the USCIS cannot accept I-485 applications if the visa number is not available then how can the DOS make the July VB current. Obiously they know that the number of visa slots are not enough for all the applicants.

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  • sunny1000
    09-27 04:01 PM
    I believe, USCIS website was updated on Sep 21st 2009.

    My Priority date is Jun 2006 and applied in EB3 category.
    I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
    I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".

    I am in a situation to beleive it or not? to celebrate it or not.... :-( .....

    And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?

    If I get GC, how to add my wife to GC? is it possible? what is her status right now?

    Thanks in advance...

    Update your profile first. Your priority date is nowhere near the approval timeframe. If by chance, you do get it, you can file for a "follow to join" procedure.


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  • nagesh75
    03-17 11:30 AM
    I have received a email from CRIS asking for more evidence on my wife pending 485 application. I guess that is related to the medical. Will I receive the RFE by mail or my lawyer does or both. My GC process is through a lawyer.

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  • kaisersose
    03-19 02:58 PM
    There are several instances when a denial notice was sent, but the website continued to show the status as pending.

    So if a denial letter has been received, then the website status means nothing.

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  • jaggu bhai
    07-27 10:35 AM
    Hi Friends

    My status is I 140 is cleared, waiting for the next step.
    Question is....
    My wife is on H4 and as it is difficult to get a job now and change to H1 (civil engineer),
    We intend to use this time for her studies.
    We need your suggestion (few people based on their own experience),

    1.As we cannot afford financially to study in a full time college, we wanted to make it part time or online (whatever-which costs us less).
    2.Is it good to study on H4 or betterto convert to F1 and study (so that SEVIS and further usage of it down the line!!!!)
    3.If some seniors has done like this, pl advise some universities.


    10-24 06:00 PM
    Is there any way IV can take up the NSC I140 processing times with USCIS???

    Why is there a huge discrepancy between TSC and NSC wrt I140

    Also the processing times NSC publsihes are not right.

    for eg: My EB2 is pending from Dec 2006 and the latest update is Feb 2007.

    i know there are a lot of people like me.


    08-15 10:52 AM
    I have one advice for you in this retrogression arena. I do not advice you to convert your BEC EB3 to PERM but just wait for it to get approved in EB3. At the same time file PERM application for a different job in EB2 in the same company or a different company it does not matter and get its I140 approved. Once BEC is approved apply for I-140 for that too and then you can port the date of EB3 to EB2 and apply for I485 which will fetch you GC faster. Good Luck.

    I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.

    I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments

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