среда, 15 июня 2011 г.

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  • ameryki
    09-21 09:00 PM
    Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.

    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?




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  • Munna Bhai
    02-11 07:41 PM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

    This is very grey area but technically you are out-of-status if I-140 is revoked but USCIS is taking too long for revoking the cases.Hence see to it that your new company goes with GC processing soon and get your I-140 approved.

    Here is your situation, H1b is only for 6 years so if you are getting an extension after 6 years then there should be some proof(labor pending or I-140 approved) so if this proof goes off due to I-140 being revoked, USCIS has every reason to say that you are out-of-status but because of your H1 extension you have an I-94 which says that you are in-status. So one can fight on the basis of I-94.

    Hope this helps.




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




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  • qualified_trash
    10-17 07:31 AM
    It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.


    While it does mean you WILL be able to get your EAD. you have to apply for the EAD when filing for 485. for people who have a valid H1, it makes sense to apply for an EAD for the spouse.



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  • gc_lover
    07-24 12:17 PM
    Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?

    If you have a screenshot of approval, you can use that to file concurrently!

    I am in exact same situation, except I have already filed on July 2nd. I am not very sure about this whole thing, but some lawyers are saying this only applies to people filing from July 17 to Aug 17th, I dont know. I will keep my fingers crossed and see what will happen to my application.




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  • gc03
    09-07 02:09 PM
    Actually my husband is primary for GC process.I am on H4 visa.How can he revoke I-140.My PD is may'03 and TSC



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  • bec
    11-04 06:36 PM
    Hey i was so happy to read that EB3 was current in your post, but got disappointed after i read your msg :(

    I dont think we can change the title, the moderators have to change it !!!!

    you can change it.




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  • bekugc
    04-19 05:59 PM
    regd ur qn --> So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

    485 stage itself is called 'adjustment of status'. so using EAD or AP , takes u out of nonimmigrant status, and brings u into a intermediate status - thats why they write AOS/parolee on i94 if u use AP. . i dont think u become an "immigrant" untill ur 485/gc is approved.



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  • sprash
    02-04 05:55 PM
    its good you have your backup plan. My case was very similar to yours. I had applied for my AP simultaneously with my wife. While my wife got hers in 2 months, mine was gathering dust. I had to write to the ombudsman to get some action on my case after 4 months had passed. Finally I saw a few LUDs and it turned out to be an RFE!!!! They said I didn't include photos, which clearly wasn't true. They had probably lost my photos. So I resent my photos and included the overnight envelopes. They approved my AP, but still chose to send it by USPS. Pretty aggravating.




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  • ysnraju
    05-15 10:28 PM
    In person. They are very cool. Simple questions like when you last used or remeber etc..



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  • kalyan65
    10-19 10:25 AM
    my i-140 denied for same reason in May'07 three days before Jun'07 visa bulletin released.
    I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
    is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.

    I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
    It took 2 months to reply RFE, after 1 month I-140 got approved


    Here is my case history,

    Came to US : Aug.2000 on H1
    First Labour : Apr'03, Labour Approval : Jan'07
    First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE

    Second Labour : EB3, Oct'07, Labour Approval : Mar'08
    Second I-140 : Jun'08, Approved : Apr'09

    Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.




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  • lc03
    06-08 11:48 AM
    hi,

    Even we received RFE's for I 131 regarding submitting 2 passport size photos which we had already sent. Can you tell me which address did you send the pictures? Appreciate all thye help.



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  • jkm2282
    01-07 09:06 PM
    Thanks. The VO did said that the visa has been issued and the PP would be delivered to me in 5-7 days. It's been over a week now and i am getting all tensed about this whole thing. Can i just go over to the consulate and enquire about it? There is no appointment needed?




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  • RNGC
    07-01 04:36 PM
    The EM immigration is just a mess....Basically a bunch of congressmen discussed about it and created some rules!

    Labor certification is the most ridiculous thing! I-140, I-485 blah blah...., just like the sub-prime mortgage mess these are paper work mess created by US lawmakers. Their intention was good, but the in reality nothing makes sense. I wish the Immigration committe invites H1 people and discuss with them the real issues just like how they speak with businesses.

    I think, we should follow the EU way. Do all the stupid paperwork before you bring anyone to US. Once someone is here he/she should have a green card (atleast a temp green card). After 3 years, the temp card should be converted to a permanent green card. What is going on here is just "Modern day slavery"! H1 B people are exploited by Employers/Lawyers.

    We dress nice, have cars, sometime homes, but we also have a virtual (invisible) handcuffs which noone sees!

    I am just sick and tired!



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  • ras
    06-22 04:23 PM
    Is getting H1 transfer with extension based on the I 485/I 140 is considered to be using AC21. Does the H1 job description need to be similer to the I140 job description?

    In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?




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  • kprgroup
    04-03 04:40 PM
    The RFE is about on what basis i am eligible to extend H1B?. I sent copy of my 485 receipt and MTR copy & letter from my current employer explaining my 485 is pending more than 365 days and AC21 we requested for H1 extension.I thought i am going to get only one year but ..got 3 year extension.If you need more details PM me your phone or email .Will glad to help you

    Good Luck

    KPR



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  • TheOmbudsman
    09-01 11:42 PM
    Yeahh.. Huuuuuraaay ! Have a good weekend all.

    Amidst, all the ranting and raving about IV, its goals and silence of the core team in the recent threads, atleast this thread has some appreciation for the core team!

    Kudos to the core team...and IV!!

    -gc_mania_03




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  • cooldude
    07-19 10:10 AM
    We are a big company B part of another big company Part A. The labor, I-140, and I-485 has everything mentioning B as the employer.

    But for the employment letter, the lawyer got the letter from A which refers that I am a permanent employee of B with all the required details. I asked the lawyer why the employment letter is on company A's letter head and she said it is fine since your Company B is part of Company A.

    I am concerned how will USCIS know Company A owns Company B. HOpefully it's fine.

    Please help.




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  • snthampi
    05-04 05:52 PM
    Why don't send them an email stating that the project ended after 4 months? Don't forget to CC company B.

    If the project ended, then you are not getting paid for that project anymore. So, that itself is your proof, in case you receive a legal notice. So, stop worrying.




    jaytubati
    05-11 04:23 PM
    ksam75,

    Even I got Duplicate I485, I765, I131 receipts. All the receipts has same A#. One set of I765 & I131 approved. For the second set , they send REF about Photos as I have not submitted any supporting documents ( Photos, I94 etc) for second set. I have submitted second set as follow up since I didnt get recepts for the first set within 5 months.
    Now I want to withdraw duplicate I485 another set. What happen to your I485 withdraw. Any problems ?


    Please advise ...


    Thanks.

    Jay




    psaxena
    07-07 12:43 PM
    Shy to forums

    Why can't your friend post this himself?

    You are such a good friend that you care about his immigration needs. ;)



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