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Thursday, June 9, 2011

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  • itsmesabby
    10-12 05:05 PM
    jcrajput.. I have had my renewal stamping done last month in India and am purely stating from personal experience. I was asked for to show 6 months of paystub by the officer. Luckily I had them on me so I could show it.

    You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.

    You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.





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  • Michael chertoff
    08-04 02:56 PM
    Please post here to boost moral of all others if
    you have received Welcome Email for GC approval :D in August 2009 (this month).

    This will help our community and keeps our hopes live.


    Thanks
    MC





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  • Ann Ruben
    05-27 05:33 PM
    The EB-2 NIW category, like the EB-1 extraordinary ability category, has the advantage of not requiring employer sponsorship---both can be "self-petitions". Depending on the particular facts, it is sometimes easier to qualify for the EB-2 NIW category. It is also possible to file separate I-140 petitions in two or more categories at the same time to increase the liklihood of success.





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  • theOne
    05-24 01:15 PM
    Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?

    Thanks,
    theOne



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  • Bhadwaj
    07-15 05:26 PM
    Hello,

    Here is my situation.

    a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
    b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
    c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
    d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
    e) I have not travelled outside of the country since my last arrival.. (pls see #b)

    Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.

    "An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE

    This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.

    Now, my questions to our experts are
    1. Since I am within my I-94 expiry date., am I in lawful status?
    2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
    3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
    4. What should I do now to correct ...? my I-94 expires in another month.

    Please help!





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  • beautifulMind
    02-24 09:03 AM
    Do you have to refile 485? i am assuming you have already filed as you said you have EAD. i thought interfiling can be done by just sending a letter to USCIS and there is no need to refile 485.

    No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140



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  • tabletpc
    04-06 07:59 AM
    Can anyone please give me some suggestions..

    My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.

    Also please let me know what forms I need to complete before going to india.

    Your suggestions are appreciated. Thanks





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  • inskrish
    10-21 10:47 PM
    Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

    1. Can I travel and enter on my H1 even if my AP is approved/pending?
    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?


    Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

    Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

    Thanks for all your help!!

    1. Can I travel and enter on my H1 even if my AP is approved/pending?

    Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.

    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?

    If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.

    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
    If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.

    Consulting an attorney is the best option, I believe. Good luck!

    Regards,
    IK



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  • desi3933
    05-10 09:28 AM
    VB will come today.

    I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.

    We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.

    What do you say?

    Khali dimag shaitan ka ghar

    (Translation: An idle mind is a devils workshop)



    .





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  • raminmd
    08-14 05:00 PM
    Hi all:

    I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.

    However, I just got an approval email for my I-485 and the online status has been changed to approved too.

    What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?

    We are really worried. Has anyone been in this situation? What is the best way to resolve this?

    I can honestly say that I never thought I would look at my 485 approval and get depressed.

    Thanks.



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  • Leo07
    10-07 01:21 PM
    I was wondering about the second part of the question/answer. Thanks rockstart!





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  • sbabunle
    07-18 07:25 PM
    Here is my plan. Make as much dollars as I could. Stay as long as I could. Probably stay illegal for some years. ( So that I dont need to pay taxes too )Buy some land in Kerala( My home state) Plan rubber and pepper and ginger. And forget programming. All IV members are welcome to my ranch..:D :D :D



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  • vaishnavilakshmi
    06-22 11:16 AM
    Hi,

    U can save the pdf files as u save ur word docs or floppy symbol to the left side on the top bar as u know .But cannot edit the pdf files unless and until u have pdf writer in ur system.

    Hope this helps u,
    vaishu





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  • a_yaja
    01-08 08:06 PM
    If you are not using EAD why renew it? Unless you are one of the people who applied under the new scheme (free EAD and AP for life), you are just wasting $340 + $305 = $645 (per person).

    You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".



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  • xinkish
    01-11 01:00 PM
    If you are on L1A, you can apply for green card under EB1 and get it with in 3 or 4 months
    There is no need for you to go thru the labor process. You can apply for 140 & 485 directly
    contact a well qualified lawyer





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  • glus
    02-27 09:13 AM
    Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.

    Hope this makes sense.



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  • Rayyan
    07-03 01:20 PM
    Hi All,

    I am planning to get my H1B stamped in Chennai, India.
    I got H1b extension last month for 3 years. I am planing to visit India in the month of Aug.
    I need to know when do I make an appointment?
    and will my name be added to PIMS if I make an appt?

    Do I have to go to Chennai or I can go to any other Consulate for stamping?

    What about PIMS verification, is there anyway I can have my name added to this database before I travel to India?

    Anybody has any idea about this? Thanks in advance





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  • gvenkat
    03-20 04:04 PM
    i think any form of protest will get u arrested.. rally is a diff thing... ppl have to realise all these immigration benefits are a privilege and not a right... its just so plain unlucky that so many of us with Master's Degree were forced to file in EB3.

    Change of government is the only way. Bottom line is no one cares about us... cos we dont have a vote, we play the taxes, we pay SS/Medicare.. they know we will be here until we are forcefully pushed out....

    P.S: before anyone starts a question asking what i have done.. I'm a responsible "immigrant" and have done and will do whatever i can





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  • dan19
    11-07 02:07 PM
    rheoretro,

    Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.

    I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.

    So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)



    And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?





    invincibleasian
    01-14 09:27 PM
    upto 6 months. they send out a letter as soon as you apply stating they have recvd yur app and working on it. I had applied for a Name correction. They refused after a couple of weeks itself and asked me to get it corrected in the visa consulate of the home country. When I went for stamping in chennai I pointed out error and the new stamp had the right name. Consult your attorney.





    ilikekilo
    05-04 03:46 PM
    i know FRA is abig airport hwoever I think 2 hrs is fine..



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