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  • kumkum
    08-04 01:16 PM
    Can some one help me out what i have to do in my specific case.

    I applied for AINP on Feb-2009.That time my martial status is single.I got married on April-2009.I got my file number last week.If i want to include my spouse on my AINP process what i have to do?Did anyone faced this kind of situation?

    Please help me.

    KumKum,

    You are in.... dont worry...

    There are a lot of people who have been waiting/praying to see the file number email... The one which you recieved a few days ago...

    Take a vacation and come back after 4 months... thats what Alberta says :)

    BR,
    Karthik





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  • painful_GC
    05-24 11:47 AM
    Hi..Many thanks for the reply..I recieved my H1 B approval but as i want to take a break i would like to proceed with my L2...So one more query..I would like to proceed with Online filing..once done online..how to send the Paper by Post ?? will they notify after i e-file ??
    Sorry for the trouble





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  • adibhatla
    04-01 06:04 PM
    In your denial letter you must have gotten explanation as to why this is a straight denial instead of RFE.

    The letter clearly states "Form I-485 states you must submit initial evidence with your application. Initial evidence includes: criminal history, birth certificate, copy of passport, photos, biometrics, police clearances, medical examination, Form G-325A Biographic Information Sheets, Affidavit of Support/Employment Letter, evidence of eligibility and derivative status eligilibity.

    In my case the I485 was denied on the grounds of missing G325A biographic information sheets, but in reality I had applied it with the 485 forms.

    And as you can see from their explanation there is no way except to raise an MTR before the commissioner.

    I strongly suspect that there is no way we can track on the above forms/documentation. The USCIS is playing dirty games of minting money from us. If you see the other forms such as EAD, AP, I485, I140 all have a SRC no. associated to them, these additional documentation can be shredded in their offices and there is not a way to prove our point that we indeed applied them together with the I485.

    The only option is to go with the MTR and hope for the best.

    By the way my MTR was approved approximately 6 weeks after I applied the MTR but haven't still gotten the approval notice. Waiting on it.

    I will you good luck.



    Gurus,

    my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

    the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
    1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
    2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
    3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

    so, we submitted an MTR based on this documents and I got the receipt date as March 17.
    any thoughts and comments will be apreciated.

    thanks,





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  • Queen Josephine
    October 24th, 2005, 01:33 PM
    Speaking of QJ I haven't seen much activity from her lately, you still out there Queen?

    I'm still here, checking in once in a while. Unfortunately, got very busy doing some other things and haven't been doing much shooting. Just dropped Michael a note. I'd love to do a short get together. I haven't done much urban shooting, so it would be challenging for me. (although I've been having an urge to hit the Gold Country lately) I'll be back east 11/20-11/30 visiting family in NY and Georgia and pretty much incommunicado during that time.

    Great shots of the bridge from Conzelman Road, and although I've never been able to bring myself to go down the one way section of Conzelman, there's suppose to be great shots from that section also. There's so many great places to see and things to do. Maybe we should start a list of possibilitites? I'll off to run the later starters around (I know Michael hit's the road really early.... 4 or 5 am?)

    But I'm definitely open to planning something. I'll try to create a list of possible sites and post it here with in the next week or so for everyone to add to / subtract from. How's that sound?



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  • greencard_fever
    01-03 03:06 PM
    hi i have a question here:

    suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
    Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
    so whose application processed first? is x's or Y's for final GC process.
    thanks for your answers.

    As far as i know...if x's and y's PD's are current at some given time..then Y's file will be processed first because his RD is earlier and then X's file..its toatlly depends on PD (whose PD is current)..this is what i know..i may be worng..





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  • a_yaja
    06-22 10:04 AM
    1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.

    SO the question is:

    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.

    My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.

    You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.



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  • mikrupee
    08-22 02:47 PM
    My questions:
    While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.





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  • NikNikon
    October 23rd, 2005, 09:30 AM
    Sounds good to me. QJ?? Anyone else?

    Speaking of QJ I haven't seen much activity from her lately, you still out there Queen?



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  • bp333
    07-17 08:06 PM
    Great job folks. Justice Prevails!





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  • mariusp
    08-12 03:37 PM
    I submitted my 485 on July 12 and I got an 08/05 LUD on my pending I-140. Could be coincidence or they checked my 140 as part of the initial 485 processing...



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  • what_if
    01-25 07:36 PM
    Your wife does not have to run payroll to get money from the company. She can just withdraw money from the company whenever she wants. Just make sure that the taxes are paid correctly when you file for taxes.

    I have registered an LLC on wife's EAD. She is the sole owner of the company and working as a contractor for another company and getting salary on her company's name. Before she registered this company she never used her EAD. She is/was on H4 visa.

    What needs to be done to make sure she in on her EAD now and not on H4 anymore?

    How she can become an employee of her own company and get payed every 15 days.

    What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?

    Please advise.





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  • pappu
    12-20 01:43 PM
    Instead i will donate the travel expenses to IV...........

    Good Luck Every one
    Thanks.
    Pls contribute for the campaign we are running
    http://immigrationvoice.org/forum/showthread.php?t=2630&page=16



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  • GreeNever
    07-07 12:56 PM
    Not to throw in too many variants, but how about when on EAD? Does an EAD alter the situation?





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  • ken
    04-08 02:24 PM
    Hello gurus
    I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
    I am EB3 India, PD Aug 2002.

    I already recieved my EAD,AP

    Let me know your thoughts or if some one else also recieve the same update.

    Thanks in advance..



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  • mikemeyers
    11-07 01:57 PM
    My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?





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  • usdreams
    05-16 01:11 PM
    May 24 PD, still no change in status.



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  • desi3933
    03-15 02:57 PM
    Thanks.
    So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
    (The pdf does not state what action USCIS will take)

    Incorrect, again!

    Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).

    There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.


    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • div_bell_2003
    03-24 07:42 PM
    It's best to contact your employer attorney about their standard practices about H1B revocations after termination of employment, but as far as I know if your H1B is revoked before your COS takes effect on Oct 1 , 09 , your OPT status stays intact till its expiry.


    Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and revoke my H1? In that case will i be able to use my remaining OPT, since i will not have my H1 revoked?





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  • SAPGURU
    01-04 09:09 AM
    They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.





    Gigantic697
    10-12 09:33 PM
    She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.





    AK_GC
    03-17 03:20 PM
    We hear a lot about good credit.. but not a very good understanding of what it means

    So is a score 670 considered to be good one? How much approx.. would be mortgage/month for $300K house. Ofcourse there are many factors but just to get a ball park free..

    http://en.wikipedia.org/wiki/Credit_score#United_States_of_America

    Mortgage Agents use the FICO score and I think 750-790 is considered a good score. The monthly payment depends on the type of loan like 30Yr fixed, 5 -1 ARM, the rate that you get and other factors.



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