Miyerkules, Hunyo 8, 2011

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  • maddipati1
    02-04 06:11 PM
    i used to think based on I-131 instructions that, if we leave before AP aprroval, its considered abandoning 485. but my lawyer clarified that, thats true only if u dont have any oher status than AOS. if i leave before AP approval i can use H1 stamp to get back in and use AP for travel next time.

    thx LIGP




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  • grupak
    02-06 05:48 PM
    Job duties and same/similar job functions will be deciding factor. If your GC is for Programmer Analyst and if you become manager as Assets Manager, it will be an issue. If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    if you are like my manager, who forgot how to open IDE and always works on some obsolete excel sheets/ project plans/ outlook, you will have trouble...

    Bottomline, dont leave development even if you become manager.

    Good advice vamsi_poondla. Changing job is always a problem in I-485 stage. Making this more flexible is one of the administrative fixes IV is proposing in the letter to the President. One more reason for everyone to mail that letter, if not mailed already.




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  • Aah_GC
    12-13 12:11 PM
    Guys, you don't have make fun of this person. If you don't like it let it go.

    Those weren't exactly stomach aching puns either.




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  • kothuri
    06-10 10:53 AM
    I understand your situation. My employee had an issue and I applied Nunc pro Tunc based on advise from my lawyer. We applied H1B for her but unfortunately applied consular processing for which she had to go out of the country to get an I94 and we didnt know about it and she continued working in the country for 5 months at which point she realized what had happened. She was technically out of status because she was not supposed to work.

    Lawyer suggested that we apply Nunc Pro Tunc which we did and it was a breeze. The approval came in and there were no issues. Now I can't guarantee that it would be a breeze for you though I can only hope.

    Since your GC is tied to it I was suggesting that you go through a lawyer a good one and it will improve u r chances.



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  • angelfire76
    04-01 03:29 PM
    "===============================================
    It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.

    If travel is a must, it is advised to the employees to carry the following supporting documents:

    1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
    2. The usual check list for H stamping and employment verification at the US port of entry

    The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
    "===============================================


    Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
    I wonder which attorney sent this.




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  • snallini
    05-23 11:34 AM
    I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website, the system does not show any appointment November 06 onwards for New Delhi, it says: No appointment available for this month. I have to go to India in Dec and for that I have to get my H-1 stamped as this is my first time out of the country after getting an H-1.

    Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).

    Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?

    Thanks.
    please tell me how can we pay $100 fee through online from USA. for getting that receipt number in order to file application for stamping?
    Jc_gc



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  • aroranuj
    06-16 05:20 PM
    My I-140 was filed during the July 07 fiasco....still pending EB3 category. So if I do decide to move on my employer cannot revoke my I-140?




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  • sunty
    11-05 02:38 PM
    Waiting for 180 days is hard....but its even harder for folks like me, who are waiting for 140 approval..The way things are, looks like it sgonna take much longer than 180 days for 140 approval...Only then I can even think of using AC21....But no complaints...Patience pays...:)



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  • suny_saini
    07-22 06:14 AM
    hello friends
    hope u experienced guys can help me and advise me in my case:

    my dad is a green card holder and a pernanent resident of US

    me my mom and my younger bro were applied by my dad in E3 category.

    abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.

    now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)

    my name was not there for interview.

    on the day of interview i went with my family.
    they took interview of my mom and bro and said everything is ok.
    i was also there in waiting room and only i was allowed to talk and ask the officer at enquire

    consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.

    i asked at lady at enquire that why they returned the passports?
    and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
    so after u present the approval notice they will think and decide if i can be able to get visa or not.

    then we have again submitted and also i submillted my passport with their.

    can anybody help me and tell me wots gonna happen???
    i cant wait of their responce.
    here are some detials if u can check and calculate if i am elegible...

    My current age - 21 yrs and 7 months

    Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days

    Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
    see date of posting at the end of page ie. 11 may

    I-140 Filed: May20, 2003
    Approved: October 8, 2003
    Time taken : 5 monnths and 19 days

    Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
    Approved ON: Nov 7, 2005

    Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.

    and we filled DS-230 and courier to Delhi US embassy.

    Our dates were current near Nov 2005 but again they changed the dates and it became un current.

    now dates are current again.

    plz help me....




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  • freedom1
    02-28 11:38 AM
    CSPAN does not have it on their schedule yet.

    It was/is broadcast on: http://www.capitolhearings.org/index.htm

    Hearing room Hart 216.

    Freedom1



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  • eb3India
    07-05 12:35 PM
    I agree with you 100% but be sure nothing is going to change three months will in a blink of time and dates will be current or will advance for good number of years. so IV memeberw will get busy filing again and forget IV, look at fund driving effort and see how low it has been




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  • amsgc
    06-15 12:24 AM
    Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.

    Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.

    Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.

    My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.

    Thanks,

    Ams



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  • abdulazeez77
    08-11 11:23 AM
    Thank you so much. Really appreciate the help.




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  • mariusp
    07-14 12:29 PM
    Could be a DV case, could be family based, could be immediate family, could be anything. In fact EB cases are only about 200k out of 1,2 mil GCs issued last year (see immigration-law.com for a recent statistic). Backlogged does not mean unavailable.

    i don't know if its an EB 485, but even FB are very backloged.



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  • smuggymba
    05-12 01:35 PM
    The civil surgeon does everything but you need to pay cash for it. If you have the documentation from your primary care physician, you could ask for a discount, which is what I did. Your insurance pays if you get it done from your PCP.

    So, it always makes sense to get it done via PCP and then take that documentation to the Civil Surgeon. If we get a discount - great; otherwise still ok.

    Does CS do the exactly same tests as PCP?

    How much time does it take to get results from CS?

    How much does CS charge?




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  • lostinbeta
    10-21 04:13 AM
    Hey, this is MY thread and I will delete any argumentative posts about sports teams :)

    I personally don't root for any team. Not much of a sports fan.... odd really considering every guy in my family is, but then again I am nothing like anyone else in my family... so that could be why.



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  • ItIsNotFunny
    03-04 05:22 PM
    Is there anything i can do on H4 visa??

    I would say this is the best time to get education. Learn something, as soon as you have work permit, that will pay you back heavily.




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  • StuckInTheMuck
    08-12 08:27 PM
    If you e-file EAD renewal, you will get FP notice. To avoid it, paper-file your renewal.




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  • jonty_11
    11-02 10:54 AM
    BTW - I140 has to be filed by a sponsor Company and as far as I485 is concerned, you can do it on ur own, but it has to be based off of LC and I140 approvals which are with your Company..so its very difficult to file 485 on ur own..

    Sounds like somegchuh wants to know this to be ready with documentation when his Company is ready to file for 140/485 ( some day)




    Dhundhun
    08-09 01:13 PM
    The top reason would be-

    "We are the USCIS".

    What say?

    00. It's style - USCIS style.




    bbct
    02-04 11:01 AM
    We invited our in-laws last September and it was not easy for them to get the visa in the first interview. They got denied with the reason 214(b) without verifying any Indian documents. Infact, my father-in-law was a government servant and he was still employed at the time of interview. My wife was on EAD and I was on H1-B and I was inviting my in-laws to USA.

    We then asked a letter from the senate's office requesting the visa officer to issue them visa and explained that they have strong ties with family members back in India and have bank balance and property. It was surprise that nothing was asked in the second interview and they could get a 10 years multiple entry visa. This time my wife invited her parents.

    In all this, we wasted time, money and were very tensed since my wife's due date was approaching and it was only a month far.

    Folks,
    I'd like to know if any of you invited your parents while on AOS. Last time I invited my in-laws I had H1-B et al....now we are on AOS and my wife is sponsoring her parents. We are on AOS. I do not have a job currently so I can't get an EVL and my wife has and she is inviting and the I-134 is also from her...we have EADs valid till late 2010....she had her F1 valid till Oct 2009 but she is working on dependent EAD.

    So do you think there could be any potential problem.....Last time I had sponsored my in-laws but they were questioned a lot at the embassy....so now my wife will be sponsoring ...I hope there are no potential problems.

    Path 2 USA do not mention anything special for EADs/AOS et al....

    Thanks,

    SoP



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