Wednesday, June 15, 2011

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  • gcbeku
    08-10 01:13 PM
    Gurus,
    A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.

    So, what options do we have ?
    a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
    b) can AC21 approach be used to port this to a EB2 category ?
    c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
    (I am assuming that EB2-I will be current approximately around this time next year).

    Thanks.





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  • NikNikon
    June 18th, 2005, 09:56 AM
    I like the top one too, maybe you could of uped your ISO and used a quicker shutter speed to freeze the bird. Also this is a personal preference thing but I like to saturate the colors a bit in my post process just to bring them out a bit. Shooting into the light kinda leaves the land in landscapes a bit dull. The bottom two bird shots came out well. Do you have a lens that will let you get in closer? I'd like to see a portrait style shot of one of the birds with the odd bills.





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  • coopheal
    04-13 12:13 AM
    That is incorrect. USCIS would send a copy of RFE to you as well.

    My wife got a medical RFE and I'm looking at the letter from USCIS as I type.

    Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.

    For me I never got a any communication directly from USCIS for the RFE.





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  • nlssubbu
    07-19 12:24 AM
    How will you get the papers signed without them being here? You also need recent passport size photos of them as well for AP document.

    You can differ filing EAD and AP at a later date.

    Thanks

    PS: I am not an attorney and please consult with them.



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  • anurakt
    01-03 11:13 AM
    I pledge $120 every month as soon as it is available......





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  • NNReddy
    11-19 11:53 PM
    Travel thru UK on advance parole. Did anyone travel thru UK on advance parole. Do you know if you can travel thru UK on advance parole(with UK TRANSIT OR VISIT VISA). Do you need to have USA VISA STAMP.



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  • amsgc
    06-16 01:45 AM
    I haven't had to get that fixed - sorry can't say.





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  • aprajimmi
    06-13 09:56 AM
    Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......



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  • dupedinjuly
    07-18 05:00 PM
    You Status date needs to be before USCIS receipt date.
    USCIS Receipt Date = Date the USCIS mail room assigns on the working day, when package is received.
    Status date = I-94 Issue date.

    You can come on August 15 at 11 pm, but if your filight is late by an hour then, you I-94 issue date will be Aug 16. ? You are cutting it too close.
    I have not heard of them looking at time, they go by date. If you are in at 12:01 am then your date will be 8/16/07

    Not clear if the I-94 is issued on Aug 16 and receipt date is Aug 16, then what will happen ?

    It would be safe to mail the application on Aug 16 by Fedex with USCIS receipt date of Aug 17, it will take care, if your filight is delayed.

    I-485 Courier Mailing address for Nebraska Service Center

    USCIS Nebraska Service Center
    850 S Street
    ( Ref: P. O. Box 87485 )
    Lincoln, NE - 68508

    Find out the right Courier address for your service center if its not Nebraska.

    Could somebody explain to me, please, how is it working with the receipt date?

    I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......

    .....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?

    OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?

    Could someone please clarify this as depending on this I have to change the schedule of my plane flight.

    I would really appreciate this.
    Thank you in advance!





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  • TwinkleM
    12-11 11:42 PM
    Answers in Red Ink Below....

    Thanks a lot for your reply. I really appreciate if you can aswer the following:
    Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?

    Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.

    if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?

    I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.

    Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....



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  • deepakjain
    11-16 06:40 PM
    As has been discussed and responded to a million times on this forum, the answer to this question is, when you enter on an AP, your immigrant status changes to parolee, but your H1B continues to be valid as a work authorization document and you can still use it to work for the same employer.

    Thanks...

    Here you go:

    If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.

    If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.

    Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.





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  • madaram
    08-09 11:25 AM
    pls read what sensenbrenner has to say.
    http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/08/09/EDGOBIQ0KA1.DTL



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  • babu123
    08-20 03:41 PM
    Call 1-800-375-5283

    options 1 2 2 6 2 2 1

    At level 1, tell you didnt received receipt nbr and check not encashed.

    You will be transfered to level 2. The officer at level 2 has access to check the name status.

    Myself and my wife got the information. But some of my friends are not receiving the information. Good luck





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  • simple1
    06-18 06:40 PM
    Guys,
    you all re jumping to conclusions based on opinions, have you forgoteen what OBAMA had been saying about immigration?

    1. Address legal immigration first
    2. Illegals will have to stand behind the ones who came in this country legally.


    Do you really think, that they will totoaly ignore legal immigrants and work on illegal. Obama has been talking about this process since his days of presidentail campaign,

    We all need to have faith and work towards making IV and its goal attainable.

    I hope the same.

    I agree. It is in best interest of all EB immigrants to stick together. That's all I wanted to say.

    Thanks.



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  • tikka
    05-29 09:52 PM
    Oh I did not know that one person can send webfax for each state.

    When I click that link it said "You have already sent it"

    I'll check again now

    please do

    thank you





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  • paragpujara
    04-05 08:30 AM
    Yeah I will consult a lawyer but before i contact him just want to make sure whatever my employer is explaining is correct or not..

    Thanks for your valuable advice.



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  • kaisersose
    06-02 12:10 PM
    It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.

    Only at the 140 stage and for small companies. The OP has clarified that his 140 is approved and he works for a big company.

    So ability to pay issues are no longer applicable.





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  • moe
    02-11 10:35 AM
    thank you for repply.i try to stay legal here much as everybody but sistem work slow and put me out only for 3 monts. since then i fight to get my statu back .and i will get it back soon or letter.
    thank you for tread me like humanbean.

    Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
    Anyway, you cannot use your lottery case as that visa number expired back in 03.

    and for others people here..
    one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
    i hope you guys get you gc soon..
    no more post for me .goodby





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  • forgerator
    11-08 05:14 PM
    How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
    In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o

    yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.

    My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)





    leo2606
    11-21 05:51 PM
    Fee : $305.00

    Applied on line, printed the form.

    Attached the following and sent them to USCIS
    1) 485 - copy.
    2) Old APs 2 - Copies.
    3) Cover letter explaining that I need to visit my parents as they are old.
    4) DL - Copy.
    5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)

    I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.





    GCNaseeb
    08-08 04:25 PM
    Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.

    You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...



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