Sunday, June 12, 2011

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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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  • lazycis
    12-29 09:36 AM
    It's OK to stay while change of status (COS) is pending if COS was filed before I-94 expiration (your case). Even though your wife will be technically out of status after 1/3/09, she is not going to accumulate unlawful presence because her stay is authorized by US Attorney General. Out of status is not a big deal. A person who came on H1 and filed for AOS does not have any status if H1 expires, but that person is lawfully present in US.
    So wait for a decision on COS and if it is denied, your wife has 180 days to get a lawful status or to pack and leave without any adverse consequences.




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  • yabayaba
    08-18 09:34 PM
    My Wife got RFE on EAD, asking her to schedule an appointment for biometrics. There is no scuch thing that we could sehedule biometrics. We took an infopass appointment, USCIS officer she understood the issue and aimmediately gave an apponitment for biometrics.

    Inconsistent RFE are issued by USICS these days. Take infopass appointment, go to the field office with all the documents and hope they would help you.




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  • philly2004
    06-12 01:30 PM
    Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.

    Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.

    Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?



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  • Chiwere
    06-11 03:22 PM
    what about the people who are beyond their 6 year H1B term -extending it every year. The USCIS website does not provide any indication for those.

    Looks like it applies only to people with 6 year term expiring and labor applied/approved < 365 days. A very small subset of people perhaps but they needed immediate relief.




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  • Sk-1
    09-06 07:39 PM
    All,

    Background:

    EB-2 India
    Employment based petition
    PD: Feb 2003
    Labor approved (after a long wait at Backlog reduction Ctr)
    I-140 filed
    Waiting for PD to be current to be eligible to file I-485

    To avoid further delays and have the necessary paperwork on-hand ready to file I-485 petition when PD becomes current, I had the following questions for the folks on this forum who have filed I-485 or are knowledgeable about the paperwork requirements:

    1) Birth Certificate: I have my original birth certificate but it is not in English.
    a. I have a translated notarized version in English from India. Will this suffice?
    b. If not, can a birth certificate issued by the Indian Consulate General suffice?
    c. Also, is this birth certificate required for spouse too if her name is added to I-485 petition?

    2) Police clearance: I know that one has to go thru the FBI name check for US clearance and this is done by processing center after filing of I-485 petition.
    a. Do I need to have a police clearance from India?
    b. If so, can a Police clearance certificate from Indian Consulate General suffice?
    c. Also, is police clearance certificate required for spouse if her name is added to I-485 petition?

    3) Medical: I have the list of approved Doctor�s in my geographical area. However, I do not have my inoculation records. Hence, I believe the Doctor will administer the shots again.
    a. How long does the approved Dr. to finalize the tests and administer the shots? Is this a 1 day or week(s) process before the Dr. hands over the sealed medical forms back?
    b. How long is the medical test valid? (Is it valid for 1 month, 6 months etc)

    4) Additional documentation: Is there any other documentation, not stated above, that has a long lead time that I can start to accumulate now?


    Thanks in advance.



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  • RadioactveChimp
    04-16 02:02 AM
    yes yes I know...let's leave this in the past alright? :lol:




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  • ronhira
    05-18 02:00 PM
    i read those two threads from macca every evening...... infact i think his threads are very informative & it collects everything relevant at one place.....

    for those who don't like those threads, have u guys read the content of those threads? if u read the content of those threads.... u will start appreciating the effort of 1 guy to help us all understand whats going on in the real world..... or we can always look for other things on world wide web......



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  • zCool
    04-02 11:15 AM
    But for 140, ability to pay type of RFE can and will be answered by company financials etc. It's just that if you are already employed and are getting more than LC proffered wage and can prove that via W2+paystubs.. it makes it simpler even when company doesn't have enough assets or profits.
    But it's not completely a must have,
    More to the point though
    You can count on getting some type of RFE somewhere in the process that will ask you to prove the status.
    Normally W2 and Paystubs are basic stuff that maybe asked even at the time of 485 decision.
    and moreover if he's paying you, why work?!!




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  • GCapplicant
    06-30 01:14 PM
    Thanks pappu...



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  • chanduv23
    10-28 07:15 AM
    Come on Mariners - everyone must be at the meet.




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  • Redeye
    04-10 10:58 AM
    But look at this from Prashanthi Reddy.

    http://www.reddyesq.com/GC.html#37

    I am presently on H1-B and filed I-140 and I-485 under Exceptional Ability & National Interest Waiver category, I got EAD (I-765) approval also;, can I do any part time job by using EAD as well as maintaining my H1-B status?
    Yes you can, as long as you continue to work for the employer that has sponsored you for the Green Card.


    I want to solid answer if possible no gray area type answers. I am done with gray areas. After 6 years of wait last thing I want is gray area :) that is reason why I posted.



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  • geevikram
    05-10 08:00 AM
    One sensible post after a long time. I guess people(including me) are desperate that any piece of news gets them excited..




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  • anil_temp
    06-26 03:55 PM
    for me company is paying for everything except medical..



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  • purgan
    02-01 02:03 AM
    Use EB2 because i read somewhere EB2 IND ould open up later in FY 2008, i..e May-July like last year.




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  • gondalguru
    07-26 06:38 PM
    Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.

    And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.

    Probably you will get RFE and not rejection.



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  • SSSarkar
    06-23 10:47 AM
    I wanted to tell that only last year's tax return was needed. Nothing else.

    USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.




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  • continuedProgress
    04-28 11:23 PM
    Renewed my AP in fall of last year - applied online. Didnt need to FP.




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  • eb3retro
    12-17 01:36 PM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced


    for gods sake, pls put proper heading for new threads.




    marinab
    05-24 09:50 AM
    Hi,Kirupa,thanks for replying.I figured it out:page itself was loading into the Frame,all I had to do set Frame width to auto.
    Thanks anyway.




    willwin
    06-30 02:03 PM
    Pappu,

    Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?

    Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.

    I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?

    Correct me if I was wrong.



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