Thursday, June 9, 2011

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  • harapatta
    07-11 04:53 PM
    Did you submit any documents for proof of PD


    Hello All,

    Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.





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  • vine93
    03-04 11:01 AM
    These type of memorandum every officer will know immidiately. Remember earlier many people posted in this forum when they called for Infopass appointment officer wasn't aware of any such ruling that he needs to approve I-485 if FBI Namecheck pending more than 180 days.





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  • blogger
    06-24 10:01 AM
    Hi, I'm a citizen of India got married to an Indian citizen in U.S in 2004 and got the marriage license from a county (It is important to note that a marriage license is valid only in the County in which it is issued). We did not marry under foreign act. Will this be considered as a valid marriage as per Indian marriage act? Please advice.

    We are yet to get married in India. We are planning to apply I-485 with martial �single� independently because we can�t apply as married due to family reasons.

    Will this cause any problem during background check?





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  • gc_chahiye
    08-15 05:32 AM
    Hi,

    I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:

    1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?



    yes. Remember again: GC is for future job.


    2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?


    yes, provided you stayed with this company for atleast 180 days and have another employer here with whom you are using AC21 (ie. he will provide a future employment letter to USCIS in case you get an RFE.




    3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?



    you typically need to visit every 6 months, pay all taxes here and if possible maintain residence here. YOu will also typically apply for a re-entry permit when you leave like this for short-term to India. I believe REPs are granted for upto 2 years at a time. What you are trying here (stay outside the US for long periods after getting GC) is potentially risky for your GC.



    more...


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  • msyedy
    12-13 12:49 PM
    sheshadripv

    If I say that yes you can travel without a visa, will you believe me.........
    Ask a travel agent man...

    Yesterday they allowed without valid visa..... today they need a valid US visa.

    We are not travel agents... You can get a valid answer from them.





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  • morchu
    05-06 01:05 PM
    Correct. The question is always about "similar" job and duties. And too much variation in wage is a hint towards that.

    Now logically it doesnt make sense, you doing the same duties even after 15 years in GC que. But hei.... leave the logic behind. You either prove that the duties are same/similar, or file another LC/140. (at-least you can keep your priority date).



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  • WaldenPond
    02-24 07:02 PM
    Here is the Senator Specter's markup summary document:

    http://immigrationvoice.org/media/SpecterMark.pdf





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  • srgadi
    06-30 12:46 AM
    I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?

    Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.

    Thank you all in advance.



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  • answers_seeker
    07-18 10:25 AM
    Guys,
    Can any one explain his comments,

    "We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."

    Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
    Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?

    Greg's blog is referring to the very few applications that when filed to TSC were not accepted (as opposed to accepting and then sending it back). NSC as far as I can see has been holding onto applications all the time. Even in the worst case that they return after the 17 th of august by mistake, we can send it back since the original application was returned in error as per the revised visa bulletin.

    This VB fiasco has made us all a little bit too paranoid I guess :)





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  • quizzer
    08-10 12:48 PM
    I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
    In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
    Please advise me urgently on this matter
    :(


    Is it new H1b or transfer?

    Thanks



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  • sunnymit
    08-10 04:32 PM
    A question on consular processing vs I-485. She already has a tourist visa. Also since she is deriving her green card status from mine, her priority date is current. Could she come to US on her tourist visa and we file for I-485 here instead of doing consular processing?

    Thanks,

    Dinesh

    I don't think that it works that way. I believe she needed to be in US already on a visa that is not short term - perhaps H4 or F1 or something. I am not too sure though. You should consult with a lawyer prior to taking any action on this one





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  • andy garcia
    11-04 08:20 PM
    Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.

    How are AP and EAD related?

    My son and I have never applied for AP and we have got two EAD's.

    My wife on the other hand has never applied for EAD, only AP.



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  • chics
    06-04 12:37 AM
    Hi,

    My I-485 priority dat is current ( EB3 - INDAI, priority date mid July 2002 ). I have filed I-485 in JUly 2003. I called customer service for status enquiry on 5/15/2007, today i got letter in that they mensioned that "Your application is under additional review" due to this processing is getting delayed. If you don't receive response in 180 days, call customer service.

    Do any one got this kind of reply?

    Previously i called customer service for status enquiry in Nov 2006 and got email that "Your application is awaiting for officer review", Service waiting for visa availability.After this message, why i got the new message like above.





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  • xyz2005
    06-21 01:45 AM
    Hi Gurus,

    My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.

    My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.

    I got the below RFE from CIS :

    The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.

    Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.

    An acceptable evaluation must:

    1) Consider formal education only, not practical training experience
    2) did the applicant complete the U.S equivalant of high school before entering college
    3) Provide detailed explanation of material evaluated
    4) briefly state the qualifications and experience of the evaluator providing the opinion

    The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.

    Thanks,
    Sekhar

    I think they are probing link of your Civil Engineering and Computer Analyst job. They are looking for specific computer oriented language courses that show you have formal education in that and that should corraborate your work experience letters. Its well known that getting EB2 for computer analyst etc oriented jobs is getting difficult. They are now questioning more and more as to why analyst oriented jobs should require Masters and #2 they are looking for links between Civil Engineering education and Computer oriented job that you are trying for.!!!

    All the best.
    Best Regards



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  • ddeka
    12-31 10:06 AM
    My attorney applied for me. I am not sure what needs to be done if you want to apply yourself. AP will be valid for 1 yr and requires renewal every yr.

    Thank you for your help. I really appericate your response.
    I have one more question. How I can apply for AP? How long AP is valid for?





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  • ab_tak_chappan
    08-13 12:46 AM
    That's the spirit guys/gals :), Enjoy to the hilt. News will follow :D
    loved the song.. heard so many times.. without knowing the detailed meaning :-)

    I think we all gather here for dancing munna bhai style.. and we'll find our individual reason soon :-)



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  • sanju_dba
    07-17 11:25 AM
    You are in same situation as me as long your job duties for the new position are 50% different from old position you should be ok

    Thats awesome! so , whats the procedure ivolved?

    UPDATE : here is the reply from my attorney
    "You cannot just move your catagory from EB-3 to EB-2 by your compay's promotion. You will have to go
    through the whole process again. Also, the experience you gained from the same employer who sponsor your
    green card normally cannot be used (counted). "

    I guess I have to continue "RamBhajan" in the same EB3 for another infinity years!





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  • sriramkalyan
    02-25 10:06 AM
    GOOGLE - MVA

    go get info there !





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  • crazyghoda
    06-15 02:34 PM
    If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.

    OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.





    eb3India
    04-09 12:47 PM
    President Bush is talking about CIR in Arizona, before the talk on MSNBC there was interesting discussion on whatz coming for CIR

    itz that time again guys I see this as a kickoff from whitehouse on STRIVE and immigration reform,

    will update here as it goes by,





    stxvr
    07-09 11:25 AM
    "Desi3933- For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location."

    1. From where you found this 50 mile rule. Are you sure about this?
    2. If you have worked on 2 LCAs (1 used for the 1 time 1HB, another during the extension), then in that case they look into the latest (used for extension) OR they look into both?



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