Monday, June 13, 2011

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  • crazymish
    03-06 10:54 AM
    Then again I presume it would involve paying a fee of $80 for the biometrics too each time you apply online. Could be avoided if we go paper based.

    That does raise a small question here, the $1010 fee that we pay does that also exempt us on the biometric fee, so in essence AP/EAD/FP is all exempt irrespecitve the number of times we apply under the new fee structure?





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  • bibs
    07-26 10:11 AM
    I havenot received the I-485 receipt yet , is it mandatory?





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  • illusions
    04-07 11:13 AM
    Wish u all the best.... wow 6 years...!





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  • letstalklc
    10-13 05:31 PM
    What is the URL for checking the PERM case status?

    You need login credintials in order to check the perm status. I am not sure if any option available in the New system...



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  • chi_shark
    04-28 11:29 AM
    "approvable" is the right term.

    what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.





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  • flipflop
    10-10 06:57 PM
    We are also in the same boat. My wife and me finished FP on 10/2. Its already been 9days. No LUD on my case or my wife's case.
    Do I need to worry or This is quite normal?

    What if USCIS didnt have this nonsense LUD field in their online status, won't you have lived in peace?



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  • vdlrao
    05-11 04:35 PM
    smuggymba / getgreensoon1 / vdlrao

    While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers

    EB1 Spill Over --> EB2 with oldest priority dates --> EB2 ROW --> --> EB3 with oldest priority dates(India & China) -->EB3 ROW.


    Believe me, stopping EB1C fraud directly helps EB3 India.

    .





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  • bbenhill
    10-12 06:26 PM
    Hi, I have another question regarding I-94. My last I-94 is from H1B approval, the previous I-94 was from airport (and expired as well, issued : 2006).

    Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).

    I found this confusing, here are the questions :
    1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
    2. which one that I need to surrender ? is it from airport or H1B approval ?

    Please advice ... I am really confuse with this immigration things ..

    Regards,



    You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...



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  • gveerab
    07-30 01:07 AM
    Thanks a lot





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  • raoece
    07-06 05:10 PM
    once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.



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  • martinvisalaw
    09-27 06:12 PM
    Hi above is an update from this end. I do have one more question though. My wife was not given an I-94 when she entered using TL instead her passport was stamped with the arrival date and initials "LPr". I am getting ready to apply for a new AP for us what should I write as her "Class of Admission"? Also do you foresee any issues with the AP renewal since I cannot send them a copy of an I-94?

    CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.





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  • GCBy3000
    07-26 12:18 PM
    Only talk and no action. I thought lots of immigrants and IV members are there in TEXAS. Where are those guys?



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  • desi3933
    03-09 12:01 PM
    This is my understanding.

    when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.

    How will USCIS know that the beneficiary has switched out of H1 status ?

    You are right.

    Employer must pay H-1 employee salary until
    1. employee is notified of job termination (or employee resigns)
    AND
    2. USCIS is notified of such termination by request to cancel the H-1B petition.


    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • regacct
    12-20 08:26 AM
    If we are not ready to speak up and say we have a problem to the people that matter (lawmakers, media) - why would they assume a problem exists?



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  • GCAmigo
    07-09 09:46 AM
    title translated..





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  • GCNaseeb
    10-31 09:29 AM
    The nearest USCIS office is 70 miles from my home zip code. Is it ok if I schedule Infopass from my work zip which is less than 10 miles?



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  • wantMyGC
    09-12 08:22 PM
    Hello Attorney,

    My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
    2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.

    Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.

    Can you please help me by answering following questions.

    1) What are the precautions I should take to protect my green card?

    2) Can I leave the present company and start my business by forming an LLC?

    3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?

    4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?

    5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?

    6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?

    Thanks for your help in advance





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  • sripk
    07-17 03:51 AM
    Hi,
    I received RFE on my 485 for I94 copy. My situation is below

    I travelled to Tijuana, Mexico from San Diego by road to request
    for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
    was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
    of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE





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  • HRPRO
    02-25 12:15 PM
    One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
    What does this mean.

    Robert

    It means that they are either not satisfied that the job meets the speciality occupation criteria or the credentials of the employee/employer/any of the document s provided. They will conduct an investigation and your friend will hear from them upon completion of thier investigation.

    HRPRO





    HRPRO
    02-23 10:36 AM
    I know we can enter back on AP.

    I have similar situation:

    I am only going for a week long training to Toronto, I am working on EAD and have a Valid AP...DO I NEED TO GET A CANADA VISA? If Yes which one, Temp Work or Temp Resident?

    Arc,

    You will need a Canadian visa and your employer will have to give you a letter to get the same





    Jeffphoto
    September 5th, 2006, 08:17 AM
    And what is HDR?



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