jeudi 30 juin 2011

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  • gc4vk
    06-23 11:55 PM
    Thanks a ton for the reply, should I need to take orignial I 140 approval or the photo copy will work?
    thanks




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  • eb3retro
    09-08 12:45 AM
    Hello Friends :

    I recd. an email from my attorney this evening stating that "We have mailed you the FOIA request for your and your spouse's signature."

    This doesnt make any sense to me, as to what does FOIA mean to start with. So I emailed them back asking, what does it mean and is it something to do like RFE towards my AOS papers filed on 2nd July,2007 (no checks cashed yet, no info in system yet).

    My Attorney replied back stating that - "We have filed for full copies of your petitions to be sent to us. The FOIA will allow us to obtain a copy to check the integrity of the filing for our records. Looks like, it will be several years before these I-485 petitions are actually reviewed by the Service unless we see a change in the law. ."

    What does this all mean? I am so confused....

    Pls. advise me. Thanks a lot
    nkavjs


    FOIA - means - Freedom of Information Act, Just google it..




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  • ss777
    02-13 10:12 AM
    I got hold of a copy of the actual RFE and when I read closely, the above statement sounded alarming. Since the labor was filed in 2003, I was wondering what relevance June 26, 2006 has.

    Any help is appreciated.




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  • Sparkling
    04-26 04:37 PM
    Dear Lawyer,
    I posted my story in "all other green card issues" I'm sorry I don't know how to link it.

    I am married to a US citizen - married since 10/23/04 - we have lived in the US before where I obtained a conditional green card : given 01/17/06 expired 01/17/08. We left the US in may of 07 to live in denmark (my home country) and thought the conditional green card was "gone" when it expired and did not apply to remove conditions in time.

    In 2009 we decided to return to the states - I came here 10/16/09 on a visa waiver. In december 09 we filed i130 and in march i485 thinking we had to start over on the process of getting a green card.

    April 8th -10 we recieved a denial letter saying:
    "A review of agency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
    " therefore , the beneficiary is not eligible for the benefit sought and this additional petition is denied"
    " This denial will have no adverse effect on the lawful permanent residence status that the beneficiary has previously aquired"
    Attached to the letter is an appeal form.

    So my query now is: since they already consider me a lawful permanent resident according to that letter - how do I go about getting my green card? and what happens to the i485 that they still have in initial review?

    My husband and I are very confused about all this - we were told we had to reapply so we are puzzled about that denial letter. Customer service at uscis only reiterates the content of their website and we cannot get through to anyone that can shed any light on this. Infopass is not available in our area either, so I turned to this forum.

    Than you so much for your time in considering this matter and for any information you might have for us.

    Sincerely,
    A danish citizen :-)



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  • hopefullegalimmigrant
    05-31 12:56 PM
    Guys

    Thanks for your responses.




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  • dazed
    07-19 07:57 AM
    I think you are perfectly fine even if you don't apply EAD/AP with I-485. The only caveat, to my knowledge is that you have to wait for I-485 receipt. (correct me if I'm wrong). But based on the number of filings expected, nobody knows when you will get a receipt. Also, I think the I-485s, though filed will still be processed by priority date. The EAD/AP applications will be FIFO. So the more you delay filing them, the more time it will take for USCIS to process your EAD/AP, especially considering the number of filings expected. Based on the processing time for the I-765, which is now more than 90 days and the fact that interim EADs are not issued anymore (see below from USCIS), it is going to interesting to see how USCIS handles this.

    Elimination of Interim EADs in Process (sometime in June 2006)

    Under current regulations and procedures, persons who apply for EADs can go to the local USCIS offices and obtain interim EADs if the original filing takes 90 days or more. This convenience is likely to be eliminated in the near future due to USCIS concerns over the potential fraudulent use of the interim EADs. The USCIS's view is that the manufacture of EADs should occur at the Service Center level, and the expectation placed on the Service Centers is that they will process the EAD applications and manufacture the EADs within the 90-day processing period.

    The USCIS acknowledged that there is a regulation in place providing for interim EADs, but note that this regulation may have to change. It seems that the antiquated machines for producing the interim EADs are going to be scrapped, eliminating the possibility of processing interim EADs at local offices, with or without the required regulatory change.



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  • needhelp!
    10-08 05:15 PM
    We need volunteers for the following positions/shifts:

    3 pm - 6 pm - Taking Orders and Cash
    3 pm - 6 pm - Serving
    6 pm - 8.30 pm - Taking Orders and Cash
    6 pm - 8.30 pm - Serving
    8.30 pm - 10.30 pm - Taking Orders and Cash
    8.30 pm - 10.30 pm - Serving


    I will be there from 12 pm along with 2 family members and ALL of the supplies needed. We will take care of the chopping/prepping/frying.

    But we need 6 people in the front!




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  • pani_6
    03-17 02:24 PM
    I got AP..and H1B till 09..I am hoping to reenter using AP while comming back from india..Apart from AP do I require anything else. like employement letter to reenter the contry??..
    :)
    thx



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  • Satrofu
    12-11 01:19 AM
    I received a RFE asking for evidence that could prove that currently I am on a non-immigrant status. I abandoned my F-1 status after I filled my I-485, and from what I knew you were supposed to have the corresponding status before you filled the I-485 but there was no need to still have it after you got the AOS.

    My question is if there is a possibility that what the officer is asking for is evidence that proves that I HAD the F-1 status before filling the I-485 and if I abandoned it after filling it.




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  • ashrock11
    07-22 09:25 AM
    Hi,

    Somewhat same situation. Can I travel after filing 485, I have not got the receipt yet. Although my H1B visa stamp is still valid.

    Experts please advise.

    Thanks



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  • cherl
    05-07 09:11 PM
    Thanks for your reply.

    What would be the process look like? When the priority date becomes current, what should I do? Where should I subject I-485?




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  • canmt
    12-06 07:46 AM
    Is it possible to get F1 status adjusted to H1 without going for a H1 stamping?



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  • skark
    04-17 02:07 PM
    Hello everybody,

    My wife who is on H4 was denied admission to a masters in accounting program due to lack of work experience. Other factors (GPA/GMAT scores) were allright according to a professor at the university! Does anybody know how/where she can get some experience (voluntary/unpaid/intership). We have already looked at craigslist job listing in the non-profit sector and not many people are looking to hire even if its unpaid:eek: We reside in Raleigh/NC and was wondering if someone in this forum has some insight as to how we can move forward.

    :confused:
    Skark




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  • chanduv23
    12-04 12:17 PM
    Hang in there. These are good signs. Though there is a long way to go.



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  • MYGCBY2010
    10-24 01:27 PM
    Hi ,
    I filed for i-485 ON July 23rd along with the EAD and AP. My EAD got approved and got a RFE on AP. I haven't received my Finger Print notice yet. Will RFE on AP affect the FP?..

    Is it normal that I haven't FP notice after almost closed to a month after the checks have been encashed?..

    Any inputs are highly appreciated.

    Thanks..




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  • simple1
    06-23 01:42 PM
    While I laugh at that guy. I would like to remind you that we are living in a republic and not in a democracy.

    Any one can be a self hurting fool using his/her "Individual�s God-given, unalienable rights". While in a democracy individuals worry about majority rule and popular thought.

    I dont understand why Obama (a former senior lecturer in constitutional law ) refers to this country as democracy.

    HELLO Chicago. If there is anyone out there who still doubts that America is a place where all things are possible; who still wonders if the dream of our founders is alive in our time; who still questions the power of our democracy, tonight is your answer... "

    While the founders were fearful of democracy ( the mob rule ).

    Both India and USA are republics not democracies.



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  • andycool
    02-10 07:54 AM
    Thanks! We filed today.. they'll will receive tomorrow.

    My 485 is pending, so I think I won't be totally out of status..

    Any suggestion on how we can approch sending the approved LCA later and ask USCIS to match it to the already submitted H1B petition?

    I dont see a problem if you have I 485 Pending ( i assume you have EAD to continue working )

    I filed my H1B 3 months later after joining a new job on EAD , i didnt have any problem

    Thanks




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  • vin69
    02-10 10:07 PM
    Thanks raj2007 and ras for your response




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  • pom
    10-01 04:53 AM
    I could only see the second one, and it's not bad. But I have no idea what you were trying to show... It looks a little bit like my room when I wake up, before I put my glasses on...

    pom :cowboy:




    wandmaker
    11-07 09:32 PM
    If you have filed G28, your attorney on record will get the approval notice (3 hard copies).

    On USCIS website, my I131 messages says as Document approved and..so on on Nov 1. Till date I haven'yt recd. any copies yet. Will it come to me or Lawyers?
    Thxs




    vbkris77
    03-03 11:03 PM
    Quick survey to findout how many people like the idea of having their passports restamped here in USA and avoid all the surprises and shocks. This doesn't need any legal fixes. It is a convenient measure for everyone. Besides it was an old practice that was stopped for "security" reasons or some crapp. It is a small step but helps with any cases like family emergency or some urgent business need to travel abroad.

    Based on the poll results and suggestions, we can comeup with a strategy to address the issue.



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  • theshiningsun
    05-27 09:40 PM
    thx pappu n aruben for ur responses.

    pappu, ur link talks abt GC in EB-5 category. is the requirement of $1 mn investment a reqd condition for this? in other words, if an enterprise can generate jobs for 10+ US citizens by investing a lesser amt, is that valid for filing GC under EB-5 category?

    thx in advance,




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  • sangmami
    06-13 11:23 PM
    My husband is in the same position too.He is a fellow and got a job to start in 2008 july.lc dne.i 140 pending..
    Can he file for i 485....ead for a future job...this has been in our head since this evening....cant wait till tomorrow morning to ask the lawyer:rolleyes:
    can any1 explain this?
    thanks.
    CONGRATS to all to can file for i 485




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  • waiting4gc02
    01-20 12:23 PM
    Guys:
    Our( my wife of H4 and me on H1) currently have visas stamped till end of Feb'07.

    Now, I am going to file for my extension.

    The question is that if my wife travels out of US before end of Feb, according to my lawyer we do not need to file foe her extension.

    When she is to come back the lawyer says that she would get her H4 visa based on either my pending application or approved extension.

    Is this possible, that without filing for her extension she can get her H4 in Delhi stamped, based on my extension application..??

    Please share your thoughts.. I am perplexed..!!!

    Thanks




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  • jsb
    01-02 10:34 AM
    Hi!
    I am thinking of leaving my current employer & joining the primary vendor for the client, wondering if my employer can hold back last month's salary OR how people have handled such situations.

    Thanks for your reply.

    Why should the employer hold your salary? If you had any agreement for paying back cost of your GC processing for leaving within a certain period, that would not hold any more (since last June such agreements are illegal)



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  • Comiccmadd
    07-26 05:28 AM
    yeah the design is good,but mate, in my opinion we should upload orignal illustrations!
    i know this (http://www.computerarts.co.uk/tutorials/2d__and__photoshop/diy_vintage_t-shirts) tutorial from a long time.
    yeah u probably didn't coppy it, i'm sure u put some effort on at least coloring it, but still it's absolutely the same pirate!
    It's one thing to take an idea and develope it, other is just coppy it!!

    I'm posting this because i dont think is very fair for me and the other contestants who put more effort on creating a unique t-shirt.

    I'm sure u have a crazy imagination, like most f the designers, and u can come up with something really interestings!




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  • conchshell
    07-11 11:53 PM
    I applied for the subscription, please approve my subscription



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  • phxhyd
    09-30 01:44 AM
    I�m working for company A and company B has sponsored my GC as future employee and also did a H1 transfer from A but got a big RFE. Now company C is ready to do H1 transfer. Is it a good idea to do so or would get into problems as GC is in process through B? We did I-140 & I-485 concurrent filing and got our EAD�s approved but I-140 is still in pending status. I heard that using EAD is not a good idea when I-140 is pending.
    My Attorney is sending a response to RFE but I�m not sure whether it gets approved or not. What happens if B transfer gets approved and would choose to work with B and not use C at all (if it gets approved)?
    In the other way, If C gets approved and choose to work with them as the H1 with A expires pretty soon (got to move out) can I comeback to B with a fresh (another) H1 transfer. Please suggest what is the best to do at this time?




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  • chanduv23
    11-10 10:18 AM
    Folks,
    My I-485 is filled at Nebraska Service Center. Does anyone has the address where to send AC21 job change letter ?
    I plan to file it myself.
    Thanks

    To where you sent your 485 package. I recommend to utilize services of Attorney - primarily because they attach their cover letter with their letterhead which could make some difference



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  • velan
    06-06 12:52 PM
    DesiTech

    Please discuss this citizenship issues with other forums or good attorney, you will get good response from them. Man, you are talking about the next level, members in this forum are fighting long for getting their green card and discussing retrogression related issue only.




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  • gc_pd_nov_2005
    07-17 09:31 AM
    Greetings everyone.
    I ran into these forums few days ago and realized what I have been missing for the past few years :-). Anyway, my GC priority date is Nov 2005 under EB2 (India). I am very GC-illiterate in the sense that after actively tracking and monitoring it for a year or so after filing for labor, I kind of gave up on the fact that I was going to get GC anytime soon and moved on. Except for replying to lawyer's emails whenever I get them, I didn't really monitor anything else. Anyway, here is some additional information -
    1) I applied along with everyone else in July 2007 for I-485 and got my EAD.
    2) I went for VISA stamping in Hyderabad in Nov 2009 and got 221(g) (I had all the documents but you know how 221(g)s were given out at Hyd like M&Ms at that time) and upon lawyer's recommendation entered the country through AP.
    3) A part of my company was recently acquired by a different very large MNC and I chose to remain in the other half which wasn't acquired and we chose to do business as (DBA) as a different company. Lawyer said she took care of it on the GC app - I am guessing she filed for AC-21.
    4) I currently applied for a EAD (current one expires in couple of months) and AP.

    Long story short, my app status currently shows, "post-decision activity" -->Does it mean they already took the decision? Is there a chance something could go wrong in the next few weeks? I called the lawyer's office yesterday and they said I should hear from them in the first week of August and if the app status doesn't change, they will open a SR on my behalf around Aug 10th...

    Any help is greatly appreciated.
    Thanks a bunch!



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  • wandmaker
    11-13 08:24 AM
    Gurus,

    This is the latest 485 inventory posted on immigration-law.com. My PD is EB3 I 04/2002.

    Can anybody provide some information on how long the wait would be.

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf)

    USCIS - Questions & Answers: Pending Employment-Based Form I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e170e6bcb7e3210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)

    Really appreciate,

    Regards,

    Teky.

    Considering the numbers and planet alignment; best case scenario, it will be 2 years from today. Please update your profile.




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  • samuel5028
    02-17 01:26 AM
    It's really hard to get visa. You should hold green card to bring your spouse to united states or else its tough. Maybe you can ask your wife to come through F-1 visa, you both can purse your studies and also stay together. The other option is to go through visitors visa, but in inteview they might ask questions make sure you people answer honestly.



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  • BharatPremi
    04-13 01:11 PM
    Perhaps you may be right. I have not digged that much ....But I will go through that in detail..

    Some respectable names in the members list...
    I donot think that these people are directly responsible for creating the issue in the first place....It is a reactive response to the anti-immigrant postures of many candidates...Also people like are us are not eligible to donate to immigrantList...Only citizens or premanant residents can contribute to immigrantList.....




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  • loudobbs
    09-28 11:16 AM
    Does the new Quota start Monday Oct 1 st?? Can we see approvals coming right away or will USCIS take some time to access the number of application received and then request the visa numbers..


    Also did USCIS use up all numbers for 2007?

    Any ideas???:confused:



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  • GCKaMaara
    06-08 12:13 PM
    IV Advocacy Days Blog: Immigration Voice Advocacy Days (http://advocacydays.blogspot.com/) Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhzt-vowNWYy0rruJd9wiFiOyasL3tY-KN3VoNkPSNZMlm3ZqHqb51P7sgcGW_edWYnWVqu4WrSTBkC29P9Leu2Ck68vEAj1Pi8AvnVT160i9NKcdeRjgbiosKnInCKsk33SAmMghxI1llQ/s400/SDC10159.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhzt-vowNWYy0rruJd9wiFiOyasL3tY-KN3VoNkPSNZMlm3ZqHqb51P7sgcGW_edWYnWVqu4WrSTBkC29P9Leu2Ck68vEAj1Pi8AvnVT160i9NKcdeRjgbiosKnInCKsk33SAmMghxI1llQ/s1600/SDC10159.JPG)
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    Keep it up




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  • bugsbunny
    05-20 12:12 PM
    Hi,

    I have a questions and recommendation request.

    Question first:

    -> I am currently on H1 B
    -> I have filled my 485 and have EAD with priority date Nov 17, 2006
    -> I am planning to change job now.
    -> Question is; should I file for H1 Xfer or just take my chances with EAD?

    The request is for an immigration attorney that can help my new employer file H1 Xfer and AC-21.

    Thanks for help in advance
    --Scorion

    I can recommend my attorney in LA area if you need...PM me
    I am quite sure he will recommend doing the H1 transfer



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  • kerz
    07-26 10:45 AM
    Hi All,

    My papers has already been submitted for H-1B. I am currently on my OPT which expired on June and I got extended until September 30, 2010. Do I need to leave a country during 30 days after my H1-B got approved?

    Thanks




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  • delhiguy79
    07-31 06:48 PM
    Hey guys,

    I work in a MNC, my I-140 was filed on July 16th 2007 and is still pending and they r filing my I-485 and my wife's I-485 (as dependant).

    But now I came to know about my wife's labor application has been approved and they want to file my wife's I-140 and I-485 concurrently, so can I file another I-485 through my wife's employer for my wife as primary and me being dependant to my wife.

    I know this question must be asked a lot of times but does anybody has done it or not done it, please share your experiences.

    Thanks in advance.




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  • love police
    08-25 01:23 AM
    where you from ben?




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    04-01 01:07 AM
    You guys are funny......... in bed.




    WeShallOvercome
    01-10 06:43 PM
    Gurus,

    I got my GC on the 30th of Nov. My current project ended on 31st Dec. My employer is not responding to my calls and emails asking him if I'll get paid on bench. He is not giving any clear answers and just dodging the direct questions.

    I have a few very good offers in my hand as of now which I can take but those might put me in violation of some non-compete agreements that I signed. I also signed a 1 year 'bond' at the time of my I-485 filing in May.

    I'm without work for the last 7 days and I won't know if he will pay me on bench before I get my paycheck end of january...

    Some of the offers that I have can wait for a few more weeks...

    What do you guys think I should do in this case..

    Mainly worried about these aspects:
    1. Non-compete agreements
    2. Bond signed at the time of agreement
    3. Leaving employer soon after getting my GC.


    Please don't blast me for being a chicken even after getting my GC... I'm just trying to get the opinion of my fellow IVians...


    Thanks



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    06-29 11:41 PM
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  • Pagal
    12-10 01:59 PM
    Hello,

    Contact a good attorney asap. Your details would most probably raise anyone's eyebrows at USCIS/DOS/ICE. Also, a lot depends on exact dates when you entered/left US and when your different applications were rcvd by respective govt egencies as these details will help you to establish that you are not in violation of any US laws. Good luck...




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  • tnite
    10-08 07:15 PM
    Is it July 10th OR 20th - I am assuming July 10th :)

    Thanks

    july 10th




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  • martinvisalaw
    07-08 07:28 PM
    No, no fee for an EADs or APs in this case



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  • ronitm
    06-30 12:01 PM
    I selected H1B: SPECIALITY OCCUPATION as that was the manner i last entered the country in Dec 2007. Even though i have an AP(haven't used it) but for my wife(who entered on AP) i selected DA: Advance parole. So if you used AP at POE then your status is DA. Hope that helps :)




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  • Jaime
    09-05 12:52 AM
    i know you are coming - that's why i was reminding you :D

    by updating the profile you will get lobby day announcements etc

    btw i sent you a pm....

    I sent you an pm back!



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  • IneedAllGreen
    09-27 03:56 PM
    USCIS website does not shows that my I-485 has been denied but instead it says that it has been sent to AAO office(appeal processing office).

    No I have not yet called attorney on extending EAD based on I-140 denial.


    ------------------------------

    Is your 485 also denied? Most of the times when ever 140 is denied then the underlying 485 also gets denied and if that is the case then you cannot apply or extend for EAD or AP until your appeal is pending with AAO. I may be wrong so consult an attorney.

    BTW....did you consult the attorney? If yes, what did they tell you?




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  • kirupa
    03-17 09:46 PM
    Hey gaurav - I double checked with a few colleagues, and this is a WPF issue. Unfortunately, there isn't a good workaround at this time. My only suggestion would be to not use those abnormally wide fonts at large text sizes :P



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  • vicky2008
    11-20 11:44 AM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC




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  • lghtslpr
    02-02 07:20 PM
    Does anyone have any insights or theories on why PERM processing is so badly delayed at Atlanta? And why are applications being processed out of order? People who filed in Jan 06 are getting approved while those who with priority dates in 2005 are still waiting. Does anybody have ANY idea? There should be some transparency in the process. It's just a black box right now and that makes the process ten times more frustrating.



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  • cox
    June 19th, 2005, 08:05 AM
    That's why you get up at 4:30! My friends make fun of me for that... The successive ridgelines in the fog make for a real feeling of depth. I've tried that technique a few times, but never pulled it off this well. I also like the aspect ratio you chose, it contributes to the 3-D, receeding-to-a-point, effect. The color here is likewise very nice. The only thing I would say could be better is that the sun is distorted by the cloudline. It would be better if totally obscured, or better resolved. In any case, you can't control the clouds. Super shot.




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  • geemail
    03-17 12:31 AM
    Just joined the chapter. How many people do we have here in NM chapter? Where do people live?



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  • avikey
    04-27 05:45 PM
    Hello

    I am on H1 and 3 months back i came to US.After one month i applied for SSN,but still didnt get that.
    when i went to SS office for enquiry 1 week back, they told me that my immigration verification was not done yet. so i had to wait.
    can anyone help me with this.
    how many days will it took to complete the process??
    is there any other way around........
    please answer me ASAP.




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  • bowbow
    08-12 10:54 AM
    I got GC under EB2, I'm planning to start my own business. is there any risk factors if i leave my employer right after getting GC and change the Field of intrest?

    thanks



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  • FinalGC
    03-10 10:39 AM
    Sorry you cannot claim. You have been a resident of GA, so rent/meals/commutation/laundry cannot be claimed as deductions in Tax return. You never had a home in NY/NJ. You will surely be a RED flag for IRS. Dont do wrong things to get some money. State the truth and be satisfied of the tax return you get.

    However, you can surely ask your employer to give a part of your salary as expense reimbursement, which is legal.

    Trust me, you get more tax return here in US, than in India.




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  • adhantari
    08-09 11:01 PM
    time like this..... EB backlog so bad........ wait time soooooooo many years......... you really think we care about new H1Bs...................... I say its good the CAP is not filled this year............maybe the corporations will find it difficult to get fresh cheap H1Bs.... then will push congress for Visa recapture........... so they can get skilled man power they need............



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  • rameshvaid
    07-29 02:53 PM
    It's very painful to deal with these guys at times.

    I also tried asking a finance broker about this and never heard back...

    Have you tried apporaching another bank or some broker ?

    (I was intrested to know if the can do a intrest only loan for 125% of current value...I would think no.....but perhaps no one has all the details ironed out yet)

    Given a Chance will never deal with WF.. Horrible customer support.. and have bunch of jokers working for them..

    RV




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  • morchu
    05-18 11:58 AM
    True up to some extent. When filing AOS, you still "intent" to join for the exact same employment (including location), as specified in your LC. You are NOT required to take that exact employment "at the time" of filing AOS. What is required "at the time of filing AOS" is to have a legitimate intention to take that exact employment upon GC. By joining for that exact employment from anytime now, will actually help in proving the "legitimacy" of your intention (but not "required").


    My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?

    Thanks
    Member of north calif
    dontation : $500




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  • gcdreamer05
    01-02 12:41 PM
    I dont know your exact visa background, but why do you want to use EAD, it is always better to stay on h1, if you are planning to shift employer then do h1 transfer. There are lots of threads explaining the pros and cons of using AC21 and switchin to EAD etc... but the safest way is to stay on h1.

    If you can then i would suggest staying on h1, if you are shiftin employer talk to new one to ask for h1 transfer...




    rvendra
    10-30 10:49 AM
    Dear All,
    In response to my service request on 9th Sept 2009, my I485 has been transferred to the USCIS Hialeah Florida office for further processing. Normally I -485 cases are forwarded to local offices for the purposes of scheduling an in-person interview. In my case I live in New York and no way connected to FL. I am curious anybody or any of your friend�s have similar experience.
    I really appreciate your response.
    I 485 EB 2 Priority date Dec 2003
    Filed in TSC in August 2007

    Thank you,




    GCLONGWAIT
    09-29 03:54 PM
    A background on my case. I have a valid H-1, stamped on my passport. Also, I have my GC in process for 4.5 yrs. My husband was on pending I-485 & working on EAD. In may 2010, my pending I-140 was denied and then appealed. And following that, both mine & my husband's I-485 was denied after 2 months. Our lawyer did file MTR within 30 days of I-485 denial and its still pending:

    Questions:
    1) Can my husband apply for H-4 by being within USA or he has to leave the country?
    2) Also, since he is not on any non-immigrant status, does the accrual of 180 days of illegal stay apply to him?
    3) If it does apply, what are the chances of him getting the H-4 approved if he applies from Canada or home country?
    4) & If he leaves the country, is he abondoning the pending MTR of I-485 which would lead him be out of the GC process completely?


    Any expert input & feedback on my queries will help me to figure out my scenario. I have consulted couple of lawyers on my case, but all of us has mixed feedback which is making it very tough to get the right answer & make the right decision. I am in complete messy situation right now.

    Also, if somebody gone thru or going through the similar situation pls. let me know what was the result on your case. Ur help is highly appreciated