Saturday, June 11, 2011

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  • anilsal
    06-24 10:05 AM
    Think just getting marriage license is not sufficient. The license is a precursor to marriage (and as far as I know there is a particular time period after license to get married in a church, personal ceremony or court).

    I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".

    I know of people who have done this in the past and have got GCs.





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  • optimist578
    01-02 11:11 AM
    What is the reason specified by applicants who have their Labor approved but I-140 pending, to extend their H-1 visa beyond the 6-yr limit ?





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  • RLNY122004
    06-17 01:48 PM
    I posted this on other thread on June 15th. Our I485 approved on June 15th. Please see signature for details.





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  • InTheMoment
    03-01 10:34 PM
    That is right. If it is feasible go for it. Also, what do you mean by residency for ur wife..medical one ?

    In either case she can always come here for interviews on a B2 visitor, I know people who have done/doing it for medical residency.



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  • EADchallenged
    08-21 11:03 AM
    The schedule / calendar only shows the immigration hearings.





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  • geesee_99
    12-14 11:19 AM
    No, My own PERM. My Own RIR too



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  • bsnf
    08-17 09:44 AM
    I travelled to India via Dubai last Nov returned Dec 31st - did not have any problem. They only checked AP and passport - I did not carry any supporting documents - was not asked in Dubai or US.

    I am travelling again via Dubai in Dec returing Jan.





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  • Leo07
    11-29 06:51 PM
    Your's is a tricky situation.

    First gather all the documents you have and would be necessary to convince the consular...to prove yours is a minor offence and done with out much knowledge of the system... blah blah blah...

    Secondly, find out how long the offence will stay in your record...no clue what you did and don't want to know either.

    Third, weigh your options...and take a risk if you should.

    I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.

    However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?

    It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.

    Any advice would be greatly appreciated.



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  • elaiyam
    04-05 10:03 AM
    It should not be a problem for EAD/H1B

    FHA Handbooks (http://www.fhaoutreach.gov/FHAHandbook/prod/infomap.asp?address=4155-1.4.A.3)

    See the section: c. Non- Permanent Resident Aliens





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  • seaken75
    10-31 08:41 PM
    Hi all,

    Need your help and experience in this!

    I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.

    I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.

    Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?

    Please advice.

    Thanks!



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  • SGP
    11-04 02:38 PM
    anyone having inputs to the query below:

    Adding to the scenario above, what if the old company (which got I-140 approval) agrees to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application

    In this scenario, you can apply for H1 extension with Company B using approved I140 of company A.





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  • dressking
    10-13 12:18 PM
    Thanks sammy - I know it is difficult for u with kid etc... but thanks for helping us out.

    We have more people, it is a matter of time. Lets keep mobilizing

    Mark is from LI. I wonder why he does not show up any more. Has he quit IV?



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  • radhagd
    02-22 09:54 AM
    Hi Guys i need some advice/help on my I-140 denial.

    I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.

    So what are my options now

    1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
    2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
    3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
    4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
    5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.

    Thank you all for your advices and help.



    Same thing happened to my friend, in his case II40 is not denied but got Intent to deny they contacted sheila murthy and requested to consider in EB3and they got approved in 3 weeks. So I think in your case you apply Motion to reopen/appeal and request them to consider in EB3. I hope yours will be approved in EB3.





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  • EB3_SEP04
    01-28 09:21 PM
    I'm not sure about about the queston you asked here, but I was wondering you are EB-3(India) 2004, why is USCIS even reviewing your file ?

    485 MTR acceptance letter is dated Dec 11, RFE is dated Jan 13, and FP notice date is aboout same(did my first ever FP last Friday). Could the MTR or FP have caused the review of my file? :confused:



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  • perm2gc
    08-28 10:41 AM
    My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

    I hold a MS degree in CS and BS degree in Industrial Engg.

    Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

    Has anyone faced similar situation? How can I resolve this issue?
    Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
    The DOl might have overlooked your case and you got approved..your education no way fits with your employment AD. Have a serious discussion with your attroney and employer.

    Good Luck!!!





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  • techysingh
    01-15 10:17 AM
    You do need your AP and you would atleast copy (original is better) for your I140 approval and I485 receipt, I would have used DHL/FEDEX overnight or fastest service to make sure it is not lost. It is more money but best chance of not getting lost in transit.

    Here is my story. I am writing it for the benefit of all IV people in similar situation.

    I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.

    Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.

    I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008

    Now this scenario had a few gochas in it

    If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.

    In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.

    This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.

    Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
    All the best



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  • pappu
    06-19 09:13 AM
    See

    http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate





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  • ujjwal_p
    08-14 09:12 PM
    good morning.
    This horse has been beaten to death before.

    the pre-adjudication process does not give u any benefits of I-1485.


    I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!

    From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.





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  • karanp25
    07-13 07:55 PM
    no...no sarcasm. j751 and all others, u r at the mercy of uscis all ur lives. U shd inform them of any small move u make in life, or fear losing ur GC otherwise. U know they can revoke GC/citizenship at any point, right? Well, then behave..OK?

    as for u EB3_SEP04, take it easy...let's go together to junk our cars, rather than being paranoid about warming up the engine at every cold start.

    karanp25, I am assuming that was meant to be sarcastic.

    I changed my job 6 months ago on EAD, my 485 is still pending, i have not yet informed USCIS about it and may or may not do so in future. There is no law/regulation that says we must do so. I believe US law works on common sense rather than word-to-word written in the law books. So in general i want to draw a line for myself as to how much i should be afraid of USCIS. I would rather risk my GC than worrying about the chances of my every little action affecting my GC. But that's just me.

    some of my friends keep the engine running for 2 minutes before start driving, i was never convinced this is good for the car. I would rather junk my Honda few thousand miles early than wasting 2 min(plus gas). Again that's just me.





    gbof
    02-24 01:42 PM
    He has a great array of batting records...

    Some I can think of are..

    Second highest number of ODIs ( 2 more to equal S.Jayasuria)
    Second highest number of tests ( 2 more to equal S.Waugh)
    Most runs in ODIs, Tests.
    Highest individual score in ODI.
    Most number of centuries in ODI, Tests
    Most number of 50s in ODIs.

    The amazing thing is he still has the drive and enthusiasm to play at the highest level. And play really well!

    Congratulations, Sachin!

    One more thing, He CARRIED THE BAT through...congrats





    coopheal
    04-23 12:16 AM
    I see no reason why you cant move to permanent offer.

    I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,

    I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer

    Details:
    Company:A for Programmer/Analyst: and 140 is approved.


    I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.

    Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.

    I am confused as to what should be my next steps:
    Can I still join them?
    What is the less risky option?
    Keep working with current company? (I haven't informed them of pending offer)
    I very much appreciate any help you can provide.



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