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  • vin13
    10-09 05:06 PM
    The only good part is that they are not jerking the dates back and forth. Hopefully this is a sign that dates are not going to retrogress any further.

    If they apply quarterly spill over, we should see some movement in December. Lets wait and see......





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  • langagadu
    05-01 03:06 PM
    You still have to go through an attorney but I think you are fine as long as you went out of USA and got in after your H1-B approval in 2003.
    I think legal stay is counted from the last entry.


    Hi all;

    Questions if anyone has ever seen an RFE like this one.
    My first RFE was asking for all documents related to work authorized by USCIS.
    I think I responded properly and provided all documents requested.
    Then another RFE just came in end of April mail asking for the following.

    Please provide all school transcripts during your F1 student status.

    Now I am dummy because up until about few days ago I just realized I made big mistake!
    I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
    I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.

    Any good lawyers in San Jose area think I can pass with a letter of explanation?





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  • chanduv23
    02-15 09:26 AM
    Hi,
    My friend got GC when he was single. Later he got married . So spouse is still in India . She has not received GC. She has no visa to visit him.
    That is the reason H1B option is being explored. She has the right qualifications and relevant experience. US Corporation is willing to sponser her H1B petition.

    Since her husband is already in USA and green card holder, visa officer might reject her H1B petition stating that she is an intended immigrant.

    or
    he might issue the H1B visa because it is a dual intent visa.

    So what's the chances of her getting the H1B visa.

    Thanks

    Check out some websites, there is something called hardship waiver, see if it applies to your case





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  • thomachan72
    11-11 12:58 PM
    My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?

    technically speaking the answer would be "absolutely not"; however, you could try your luck. There might not be another RFE for you and you might get greened. I have known people who were waiting for 485 approval and got laid off. They did nothing but wait anxiously till the miracle happened and the GC showed up in the mail. Immediately they applied for unemployment benefit. There was not much time gap (approx 2 weeks) between being laid off and receiving the GC in this case.



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  • ss777
    12-17 02:15 PM
    Arrived at IAD POE with 5 days left on AP before expiry. No problems. You will get 1 full year from the date of entry on I-94 irrespective of expiration date on AP.





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  • anai
    09-17 11:03 PM
    Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.

    1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?

    2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.



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  • gotgc?
    11-19 12:41 PM
    Hi All,

    My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..

    Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.


    Same situation for us in May 2008 when we travelled to Canada...my wife was on H4; then started working on EAD. We had APs as well. But, we also had a valid visa stamping in our passport until May 2009. My lawyer told us that either is ok. But, asked us to use H1B/H4 and we did that. Use of EAD does not mandate H4 person to give up that status. But use of EAD mandates H1 person to give up that status. Since I am still on H1, we used H-1B/H-4. Even, when we applied for our AP/EAD renewals we mentioned that last manner of entry as H1/H4. If you are on EAD, then you have to use AP.





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  • fittan
    09-18 11:18 AM
    vxg...I disagree with your statement that "stamp...can be forged'. Anything can be forged (e.g. passport, money). If the I-551 is legit what do you have to be afraid of?

    wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.



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  • glus
    08-10 09:49 AM
    Hi,
    I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.

    There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.

    Is it a given that USCIS will find this issue?

    I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
    I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.



    I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
    Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.

    Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??

    Greatly Appreciate any reply.

    Thanks!

    245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.





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  • dvb123
    10-05 12:20 AM
    Visit Vizag aka visakhapstnam



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  • upuaut
    08-16 05:30 AM
    hmm.. thought I was just discribing that. ;) Guess I didn't discribe what I was talking about in enough detail.

    the dial was produced using that method.

    Personaly I've never lost any quality doing that.. but then again, I sometimes have smoothing turned off and sometimes on. I think that relates to how imported images look in the final production.





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  • jonty_11
    07-17 06:08 PM
    not as long as I see it on USCIS website..
    Thisis Murthy website...



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  • laksmi
    02-05 08:01 PM
    It is your employer how have to support your H1B renewal inform him before itself.
    If EAD is expired you will not be able to work until you get extension but since you are working for the same employer and if your H1 gets extension approval then I think you can switch from EAD to H1B even after EAD gets expires.





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  • aristotle
    06-23 03:30 AM
    If its any comfort, my lawyer said he couldn't think of a reason why tax returns are necessary for filing 485.

    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you



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  • amsgc
    01-23 12:08 AM
    The objective of the employment based preference system is to give certain professionals, who are ostensibly more useful to the country, a better shot at the Green card than others. So in the long run, EB2 is a better bet than EB3.
    However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
    Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.


    Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.

    So of the two tortoises EB3 might move faster than EB2.

    Any comments ?





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  • pmamp
    02-27 07:42 PM
    I have found some useful information as I was looking for solutions. I believe, if she does not leave US, she could stay on F1.

    Please correct me if I am wrong.

    http://www.hooyou.com/f-1/140filing.htm



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  • GCOP
    09-24 11:39 AM
    I was just thinking from the view of the people who are opposing have argument that, new American Jobs will be taken away. In my first post, I have written that we have not thought of or do not want to think about dropping FB Visa recapture. But it was just a proposal that we can tell those people that no American job will be lost. I am not against Family based immigration or any kind of immigration. This idea was just put forward for those Groups who oppose immigration due to fear of taking away new American jobs.
    PLEASE CLOSE THIS THREAD.
    Family based visas has a lot of support from the citizens who are actually voting in the elections, no wonder politicians like it. No matter what you say, anti-immigrants will always twist the truth and spread the news that all these visas are new and will take away American jobs. Dont you think family based people will want to drop all the employment based green cards?





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  • gbof
    10-16 09:11 PM
    A message from President Obama too.

    The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)

    Folks,
    Words have power as words which touch hearts win masses. Hearing these from Obama's mouth really give a good feeling. I know you will all agree. Watch the video....

    Happy Diwali to all





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  • maddipati1
    01-12 11:13 AM
    nice combo, SS and jealous of others who grow, if ur not WLPOS urself u wud've grown too :) if u have any clue abt jul07 fiasco and aftermath u wudnt be believin 'all izz well' like an ostrich :) 'all izz well' only makes Amir a few mil$s. u still have no clue why i have to even bother to respond to u, do u?





    dontcareanymore
    07-30 03:49 AM
    I read about new guidelines about not leaving USA before applying for reentry permit and biometrics are taken. Please see the note below:

    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/992527a7be4829e88525748a007ab59f?OpenDocument

    If the link does not work, fo to fragomen's web site , select resources --> US Immigration head lines and the following topic:

    USCIS Clarifies Biometrics Requirement for Reentry Permit Applicants.

    I am sure other immigration firms have similar info.





    sunelhulikere
    08-28 04:45 PM
    I was in a similar situation but since I had efiled, i had the LIN #. So i sent the photos after 2 weeks from my filing date. Did not wait for RFE. I received approvals on AP. In your case, you dont have a choice. In case you checks are cashed, try to capture the receipt # and then send the pictures by referncing the receipt #. It will make your case processing faster.



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