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Friday, June 10, 2011

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  • dvb123
    01-15 11:49 AM
    This procedure is called follow to join where your i-485 will be approved and your wife will receive your green card after 1 year in India. She has to go to a US consulate in India for an interview before receiving her immigrant visa which converts to green card when she enters USA automatically. Pls pm me your email id.





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  • gcisadawg
    09-09 11:38 PM
    To reactivate your h1b you need to resenter the us using your h1b visa stamp, if you don't have an h1b visa stamp you would need to get it stamped at a consulate

    No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.





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  • northstar
    01-21 04:06 PM
    Your Emp A may say anything, but if he revokes your I-140 before you file AC-21, then you will be in trouble. It is always safe to file CA-21

    I-140 cannot be revoked now, he is already past 180 days limit





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  • amitjoey
    01-22 06:26 PM
    I Salute you, IV Core



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  • grupak
    11-21 11:15 AM
    Happy Thanksgiving!





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  • texasguy
    06-15 08:58 AM
    Hi All,

    Will we run into any problems for GC replacement since we do not have a photocopy of our GCs? We have photocopies of the approval notices. We know our alien number and SRC numbers since they are the same as listed when we apply for 485. We are hoping to get our passport stamped after we get our passports.

    We are hoping to show our tax records as additional proof.



    Thanks for all your help.



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  • jetflyer
    06-12 01:43 PM
    Success Formula for EB2-I:
    1)- Get rid of all EB3 => EB2 conversions
    2)- Get rid of all Subs

    And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:

    Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah





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  • wandmaker
    10-23 05:46 PM
    From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.

    AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.

    If you can post the legal references to support your point, it will really help many IVans.



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  • alterego
    02-20 08:12 PM
    EB1 is too restrictive! Even a so called NIW (national interest waiver) does not mean EB1 automatically.

    Just food for thought. At this time there are 28600 EB1 visas. The EB1 category is current and has been pretty close to it for nearly everyone throughout the last couple of years.
    Physicians with their many years of education and relatively very high standing in American society are still not automatically eligible for EB1 visas.
    Likewise someone with a PhD who is gainfully employed. Similarly someone who has the kind of skills that are in such desperate shortage that he/she commands incomes sometimes exceeding 250K(as some do have in the SAP field) as per the free market that some in this country believe religiously. When you make this category so restrictive, then who do you expect to fill it up?

    This is a sign of the broken system in my view.

    Then EB2 and worse yet EB3 become stuffed!





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  • h1techSlave
    02-28 06:50 PM
    Bump

    did you intend to say Dumb? ;) ;)



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  • ragz4u
    04-09 08:42 PM
    The core team is looking for some volunteers to help us with a few tasks

    What is expected of volunteers

    1) Loads of motivation
    2) 15 mins of time per day
    3) Ability to call someone and send emails on behalf of IV
    4) Strong belief in what we are doing and what we are trying to achieve

    I know some of you have contacted me or some other admin in the past offering to be volunteers but unfortunately we were really busy and may not have been able to get back to you.

    If you believe that you can help IV, please send an email to shrey@immigrationvoice.org, sandeep@immigrationvoice.org and nagaraj@immigrationvoice.org with the subject line

    Willing to volunteer from <State name> state

    Thanks
    IV team





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  • macrosky
    06-13 11:29 PM
    I am working in Company A and currently on OPT. My 2008 H1visa has been approved. It will be effective on Oct.1st. Now I got a much better job offer from company B, and need to join the new company in July. How can I transfer my H1 visa? Thanks a lot in advance. By the way, I can work on OPT for any employer before Oct 1st.



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  • amsgc
    01-22 09:57 PM
    Now that you have your answer, let me ask you a question -
    Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?

    I hate to break this to you, but your sense of optimism needs a reality check.

    Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.





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  • kk_kk
    07-17 09:12 AM
    Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).

    In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.

    Thank You for the detailed answer.

    My question was not related to any RFE in specific. But in a general way, what would be the procedure to obtain the past copies of I-94's.

    As per your answer, it should not matter, If I have the copies or not. It would be good, if we have it. Otherwise there are alternative ways to answer the RFE.



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  • piyu7444
    07-22 05:57 PM
    Anyone who has H1B extension and AP and EAD ....it is better to have H1B stamped on passport and use the same to enter US....do not listen to others....

    It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.

    THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here

    Apart from peace of mind is there any other advantage to be on h status?


    If I only have AP and no h1b stamp then is there any harm in entering using AP and then continue working on h1b (informing the employer) ?

    I am not scared of the situation -''what happens if GC is denied'' but still would want a h stamp as AP is a lot of hassle.





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  • addsf345
    11-25 01:27 PM
    My 485 got denied Oct14th as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I (Lawyer) filed MTR on NOV 6th. Got mtr granted yesterday.PM me if you need more details

    Congratulations that finally everything is again on track. Sorry to hear the trouble you had without any fault of your own. Did you used AC21 by H1 transfer or just used EAD?



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  • caliducas
    06-06 04:56 PM
    I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.

    I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.





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  • srgadi
    07-18 01:30 PM
    I would say EB3 March 2005. Remember, after PERM was put into place in early 2005 more people applied in EB2 than in EB3. I am not an expert, please consult your attorney.





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  • rajenk
    10-19 11:21 AM
    OP,

    Check my reply in the following thread for your question 4.

    http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html

    The sections I referred in the Adjudicator's Field manual means

    USCIS revocation for Fraud or misrepresentation in the application.





    bkn96
    11-25 04:53 PM
    Hi kprgroup

    I am in similar situation, I want to hear from you, I left my contact details at PM. Please contact..





    xstal
    01-21 01:24 AM
    I know this is a little late, but based on the ridiculous snail speed of the VB, this is the first time I scrutinized my I-485 receipt and the USCIS online case check.


    I, like a lot of others, got my I-140 approved, and then slipped in my I-485 application during the July VB fiasco of 2007.

    I have a PDF of the FedEx delivery receipt/signature that it was delivered to the USCIS on July 28th, 2007, a Saturday

    On my Receipt, it says the "Received Date" is July 30th, the Monday. I am not going to dispute that 2 days, especially since it was a Saturday.

    BUT when I go online to check my case status through the USCIS website, it says

    On September 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Do i need to be concern?

    I maybe being silly here, but I'd appreciate anyone that can answer my question. I mean, their computer is saying they got my package on September 5th! This doesn't even make sense, cos the July VB fiasco window was over by Aug 15th back in 2007!

    Also, just so I know, anyone got their July VB packaged delivered on a Saturday but got a receipt date for the Monday after? (I'll feel a little better if I know I am not cheated here)

    Now, i can get back to being grumpy about the VB retrogression/non-movement saga of 2009.

    thank you everyone!



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