Saturday, June 11, 2011

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  • JunRN
    05-16 02:49 PM
    For my spouse,

    We have applied for I 485 after our visit to India.

    1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94

    How and where can I get a copy (I never made a copy of that).

    Note: Spouse passport has stamping but the requirement is copy of I 94

    any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.

    You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.




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  • whitecollarslave
    01-23 01:37 PM
    $1000 is a lot for Premium Processing and VSC is profiting a lot from this. They are running a business for sure....
    Its only extensions which are a long time.

    USCIS is self-funded from application fees. They don't get any other funding as far as I know. So, sure they are running a business.

    I know its not cheap, but atleast there is a way. I have been in this long enough to know times when it took a long time without an option of premium processing.

    You can always make your employer pay for the fees.




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  • NELLAIKUMAR
    02-24 09:04 PM
    Hello,
    Can someone with knowledge in matter please help. If I change the status to from H1 to H4 using form I-539 and submit my resignation to my employer, he is most likely going to request USCIS to cancel my H1. Is it possible even in these cases to apply again for a change of status back to H1 from H4 after a year if I get a job with another employer without having to go through the quota? Thanks for your help.

    Thanks...




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  • i99
    09-11 03:53 PM
    FYI: Ours went to R Williams on July 2nd/NSC and there is thread on this forum if you are interested. We heard nothing. According to the posts, if any of R Williams cases had any action, they happened at other service centers. You person might be sending the submittals around as well if they were received on July 2nd. Hang in there :cool:



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  • sixburgh
    07-16 11:10 PM
    I am not sure if my reply is correct.
    But if the dates are current for you, can you just not reapply for 485 ?




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  • mytv
    08-14 11:12 PM
    i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.

    i dont trust everything wat lawyers say.so can anybody help me out with this issue.



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  • nonimmi
    05-30 02:52 PM
    I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?

    Gotta clear backlog Ma' :D




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  • nkavjs
    11-09 09:15 PM
    [QUOTE=tinuverma;193745]Hello guys,
    Firstly happy diwali to everyone at IV
    Quick background:
    H1-B valid till jan-2010
    Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
    All checks encashed on oct 17th 2007
    Received fingure printing notice on Nov 6th for both - wife and I
    Received EAD for both nov 8th.
    I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
    Now here is my question:
    my priority date is sept 2005. With the dates above, when is it safest to change jobs?
    -- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.

    Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
    -- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.

    When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
    -- If you receive AP, its ok to travel if your passport is not with H1 stamping.
    Once you get back, you will be stamped as parollee.

    Why is it not safe to travel while on EAD and yet to have the GC in hand?
    -EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.

    Last and most imp, is there any on when I can hope to get the actual green card?
    -- Dont know the answer.. Its like a lottery.



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  • aardee
    09-07 01:53 PM
    Just consulted a lawyer and he gave me following solution:

    2 applications (1) F1 visa application; (2) I-212 Waiver.

    I was asked specific question thru which I got trapped . He gave me 2 options either accept that I worked and not be banned from US , or argue and be banned for 10 years . I was not given many choices . When asked forcefully I simply accepted .

    Contacted murthy and rajiv kanna but they declined . Is there any lawyer who handles student deportation cases . Please advise .




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  • chosenone52
    10-02 03:28 PM
    But what if the company doesnot have any more requirement when my GC gets approved. Its takes 4-5 years and conditions may change as per time...?

    Any opinion?



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  • mayhemt
    06-02 06:42 PM
    Shouldnt the title include petitions filed by one particular law firm:
    'Fragomen, Del Rey, Bernsen & Loewy LLP' ??
    (its a little misleading & intimidating to know 'ALL' applications)




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  • mayurcreation
    01-13 01:37 PM
    Thanks Raj for your reply.

    - Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?

    - Can I file my 485 with pending answer on I-140 amendment?



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  • getrdone
    11-12 05:05 PM
    Can you please tell me, when was this announced? Is this a new rule ?
    I think people converting from F1 to H1 go to mexico.


    yes its new rule..dont know when it came to effect




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  • sodh
    07-18 03:21 PM
    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!
    Apply I-485 as soon as you are eligible to apply you never know when they change the rules, getting your wife here is in future, she can always educate herself and come to US on H-1 or any other visa just to accompany you, this is just a suggestion decision is yours.



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  • madanreddy
    03-14 08:09 PM
    I was 5 years with this company. paid all GC and every legal expenses from my pocket, filed GC couple of times, big time screwups.

    flight tickets! If they pay my pay checks I will be happy.

    Only mistake I did was to follow rules :)




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  • gauravsh
    03-28 01:13 PM
    Thanks,
    I talked to a CPA and he said as long as I submitted the tax returns it should be fine.

    My address on salary slip was of california but they never deducted any taxes for CA.



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  • gc_maine2
    05-25 09:45 AM
    Sent just now.




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  • chanduv23
    04-01 01:34 PM
    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,

    As part of pre adjudication cases are being reviewed even if dates are not current. The AO sometimes does not give NOID and sends a straight denial. MOTIC must resolve it.

    Just curious - how long did it take for you to get the MOTIC receipt notice?




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  • viswanadh73
    01-03 03:03 PM
    some where i read that USCIS follow FIFO for 485 under normal conditions. so if that is the case irrespective of PD who ever applies 485 first whose application will be processed first right? i am not sure on this that's why i asked this question.




    Sakthisagar
    11-09 01:21 PM
    Good Media trick indeed,...infosys is giving money for this too???

    If you see the cribbing happening just a visit from The US President to India.




    meda
    05-13 08:40 AM
    Just got response for my SR saying there is a RFE on my case and the letter is sent to my attorney. No update or no SLUD, LUD online. No RFE on spouse case but still waiting.



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