yogeshmanohar
07-19 10:55 AM
We are travelling next month from SFO on advance parole and expired I 94 and expired visa stamp in passport (but valid I 797) . I 140 is approved and we have EAD.
I was little worried about PoE scrutiny.. Above posts have made me little more comfortable about the travel.
Thanks guys.
I was little worried about PoE scrutiny.. Above posts have made me little more comfortable about the travel.
Thanks guys.
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gc_chahiye
07-19 01:55 AM
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-4.html
Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?
There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.
Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?
There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.
sravankind
01-09 10:17 AM
dude post problems in threads in correct english.
Thanks for suggestion
if you dont understand the problem just leave it I know who are experts they understand what my intention and problem so I will get from them
Thanks for suggestion
if you dont understand the problem just leave it I know who are experts they understand what my intention and problem so I will get from them
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Better_Days
04-07 01:20 PM
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)
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lacrossegc
12-13 12:12 PM
Somebody please shut down/delete this thread
akhilmahajan
04-20 11:50 AM
Well said sir.
It really paints a true picture for all of us.
It really paints a true picture for all of us.
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kalyan65
10-19 10:25 AM
my i-140 denied for same reason in May'07 three days before Jun'07 visa bulletin released.
I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.
I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
It took 2 months to reply RFE, after 1 month I-140 got approved
Here is my case history,
Came to US : Aug.2000 on H1
First Labour : Apr'03, Labour Approval : Jan'07
First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE
Second Labour : EB3, Oct'07, Labour Approval : Mar'08
Second I-140 : Jun'08, Approved : Apr'09
Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.
I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.
I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
It took 2 months to reply RFE, after 1 month I-140 got approved
Here is my case history,
Came to US : Aug.2000 on H1
First Labour : Apr'03, Labour Approval : Jan'07
First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE
Second Labour : EB3, Oct'07, Labour Approval : Mar'08
Second I-140 : Jun'08, Approved : Apr'09
Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.
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f1togc
09-09 01:47 AM
I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
You can enter US on your AP ( I guess thats the purpose of it) and you don't lose your h1 status.
Babu is right, you will be a parolee and can still work for your h1 sponsoring company.
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
You can enter US on your AP ( I guess thats the purpose of it) and you don't lose your h1 status.
Babu is right, you will be a parolee and can still work for your h1 sponsoring company.
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asdfgh
11-27 11:58 PM
Finished FP this morning. Got LUD on 485 45 mins after FP completion. Status language changed from
"The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you...blah..blah..blah"
to
"On October 9, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case...blah..blah..blah"
Then got second LUD this evening with a 11/28 date on it, even though it was still 11/27, even on East coast. No change in mesg.
Any thoughts???
"The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you...blah..blah..blah"
to
"On October 9, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case...blah..blah..blah"
Then got second LUD this evening with a 11/28 date on it, even though it was still 11/27, even on East coast. No change in mesg.
Any thoughts???
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MYGCBY2010
10-03 11:16 AM
USCIS addresses RFE's to attorney who represents you, you will not get the RFE. Even if you call USCIS, they will not provide you with clear details.
Try calling them to know about your RFE; you might get lucky!
I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.
Try calling them to know about your RFE; you might get lucky!
I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.
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acecupid
07-05 01:22 PM
http://www.outsidethebeltway.com/archives/2006/04/immigration_fiasco_in_the_making/
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snram4
01-09 07:49 PM
First of all CIR means it will take care of potential immigrants at the same time gives protection to US workers. Everyone thinks that CIR is just giving benefit for illegal and legal immigrants. But american people wanted both ways. For legailizing illegal immigrants people want future illegal immigration should be stopped that is enforcement. Pro immigrants does not like enforcement even after legailizing 12 million illegal immigrants and trying to dilute and also by putting the condition that we need more guest workers also.
Similarly our legal immigrants group want unlimited H1b and green card. They do not care about past american workers. Lawyers want more business and Corporations want easy access to low paid and highly intelligent and young workers and will be interested in getting rid of high paid persons. So they are making a big noise even because of H1B restriction though there are so many benefits in EB reform in Guitierez Bill. Because of H1b restriction only low paid H1bs and also bodyshoppers will be impacted. Really high skilled people will not have any impact as all of the restrictions can be easily met by them.
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....
Similarly our legal immigrants group want unlimited H1b and green card. They do not care about past american workers. Lawyers want more business and Corporations want easy access to low paid and highly intelligent and young workers and will be interested in getting rid of high paid persons. So they are making a big noise even because of H1B restriction though there are so many benefits in EB reform in Guitierez Bill. Because of H1b restriction only low paid H1bs and also bodyshoppers will be impacted. Really high skilled people will not have any impact as all of the restrictions can be easily met by them.
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....
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paskal
02-21 01:26 AM
Option 5 is true for J1, since H1 is not a training visa however I do not think you can get an extension. For J1 it is a simple matter of getting a new sponsorship (used to be called IAP 66) from ECFMG.
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lahiribaba
03-01 02:30 PM
Friends,
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
you say you will "complete 3 years since landing in Canada"
then you say " I have not livied in Canada more that a couple of weeks since landing"
With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
you say you will "complete 3 years since landing in Canada"
then you say " I have not livied in Canada more that a couple of weeks since landing"
With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.
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WaitingForMyGC
09-26 12:20 PM
What's the difference between a catfish and a lawyer?
One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.
One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.
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ampudhukode
03-24 03:53 PM
spbpsg,
Thank you for the reply. Is that what people normally in this circumstance do ?
ampudhukode
No need of exp letter, just take offer letter and recent pay subs.
Thank you for the reply. Is that what people normally in this circumstance do ?
ampudhukode
No need of exp letter, just take offer letter and recent pay subs.
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kprgroup
04-04 10:27 AM
I don't have copy of I140 . My H1B extension is based on I485 is bending more than 1 year. (If your 485 is pending more than 1 year then you will get one year H1 extension but some how i got 3 years)). Did you file your 485?
KPR
KPR
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sathishav
02-25 10:23 AM
Guys,
Would it be of benefit, if USCIS sends us a notice when our petition is "Pre-adjudicated; awaiting visa number"? So, we can at least be in peace and go on with our life?
Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.
Would it be of benefit, if USCIS sends us a notice when our petition is "Pre-adjudicated; awaiting visa number"? So, we can at least be in peace and go on with our life?
Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.
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GCBoy786
08-27 06:31 PM
I called USCIS and they told me to wait for 30 days and then give them a call back. If I call them after 30 days about the missing card, they might open a case for it. I am not sure how many days it will take for them to send the replacement card.
Should I go ahead and send them the replacement application for the missing EAD? any suggestions/experiences?
Should I go ahead and send them the replacement application for the missing EAD? any suggestions/experiences?
starving_dog
10-17 06:31 AM
It took me 6 days to get my approval and about another week to get the card in the mail. This happened in September of this year and I was registered in the Texas Service Center.
That is assuming that you have gone through your biometrics appointment.
That is assuming that you have gone through your biometrics appointment.
darslee
07-11 01:35 AM
and not lose focus ;)
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