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Friday, June 24, 2011

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  • Gigantic697
    10-13 04:08 PM
    I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?

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  • devamanohar
    10-07 12:33 PM
    My daughter is now 22 years old and filed I-485 on behalf of me in the year 2007. That time she was only 19 years.

    Now she is planning to get married before getting a green card. Her bride-groom is H-1 visa and not applied for labor. Will her I- 485 application be cancelled?.

    I am also porting to eb-2 in the next three months. I am hoping to get green card may be after Sept 2011.

    Suppose she gets married before the green card what will happend to her case. Please I need advise.

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  • laborfd
    07-23 02:32 PM
    Just to know who signed ur I-485 at NSC

    There is no point in tracking. waste of time. Why in the world u want to do this unfruitful thing. :mad:

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  • desi3933
    07-26 08:08 AM
    Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.

    1. Am I currently out of status or okay because of the RFE?
    2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.

    My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?


    Could you please detailed RFE? It is difficult to suggest without the RFE details.

    Not a legal advice.


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    03-10 11:12 AM
    I have same problem with SBI. Planning to use wellsfargo expresssend from now on.

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  • kanta80
    04-03 10:59 AM
    Thank you very much for your reply, sertasheep. Your information is really useful for me.


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  • adhantari
    08-12 07:33 AM
    with your efforts. I hope you don't get banned...

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  • telekinesis
    10-14 07:30 PM
    I am a subscribed member, it seems to pick up a little better speeds running from that service, but then again, I haven't used it lately!


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  • jamesingham
    02-25 08:31 AM
    As far as I know, Your new EB2 labor is completely independent of your approved EB3 petition. While your EB2 is in process or even if it is denied you can still fall back on your EB3 to get your 3 year H1 renewals and avail other benefits of approved petition. This is what the attorney told my employer.

    Coming to the question of whether you can use your on the job experience towards EB2, the answer doesn't seem to be consistent. My company's attorney tells us that is possible and there is a 90 % chance of approvals and 10% chance of denials.

    At the same time, I have seen different views from members of this forum.

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  • logiclife
    10-18 06:00 PM
    And dont forget, some of the anti-immigrants think that July bulletin was amnesty and that 320,000 people got amnesty.


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  • shortchanged
    08-27 07:59 PM
    This afternoon I received receipts from the original filing with a receipt date of July 2nd. [/QUOTE]

    If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
    If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
    So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.

    Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!

    I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.

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  • lskreddy
    10-10 02:03 PM
    Paranoia at its helm. There are things that protect you like AC-21 when you don't have a GC. You have a GC, move on to the client job..

    The only concern is if you had a contract signed with your consulting firm that you would not join your client for x number of years yada yada, so check your contract, if nothing is in there, you should be fine..


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  • prioritydate
    08-19 05:40 PM
    Hi Friends,
    My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

    For my case �.. no issues providing evidence and everything is straight forward.

    But for my wife �.we have some issue (I think)

    USCIS wants her status from May 01, 2003 to Mar 01 2006.

    She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

    OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

    We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

    But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

    What are odds that her case might we rejected�any opinions here.


    Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?

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  • jamesingham
    06-23 08:59 AM
    No not yet. Attorney says I will get it in October of this year. He also said PERM is going to be no problem .. problem may arise when we apply for EB-2 140.

    Yes, the responsibilities are 50% different than my previous job.


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  • arnet
    11-16 12:20 AM
    Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.

    Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.

    Hello Experts,

    I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?

    Because of Retrogression for India we cannot file for I-485 yet.

    Please advise

    S A

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  • pappu
    07-01 11:25 PM
    You need not worry about maintaining your H1B status in order to file for 485. Your 140 is already approved so when your date arrives to file for 485 you can file for it from Canada. You can come and work again based on your 485. You may go for councellor processing for your GC and get it outside the country. Councellor processing might even be faster than waiting inside US at 485 stage for long times until one finally get actual GC in hand.

    I commend your planning and applying for Canadian PR in time as plan B.


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  • jin108
    08-02 08:49 PM
    I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).

    This is just a part of the job description:

    - BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.


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  • hoolahoous
    10-28 01:26 PM
    This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).

    since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?

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  • innervoice
    01-10 05:57 PM
    My son I-485 application got rejected in Sept 07 and the I resubmitted the application in Oct 07 with correct fees, Check got cleared in Dec 07 and received FP notice with appointment due date in Jan 08, but haven't got my I-485 receipt yet, I talked to customer service and she said it showing the application is rejected on Sep 07, and she will made further inquiry and let me know through email. This thing really scared me, Can someone please shed on light on this.

    04-10 03:26 PM
    Even she is 13 years old. She still need to purchase PIN and go for an interview.

    06-11 07:03 PM

    I called USCIS Boston Field office today ( 800 # on the FP Notices ) and the Customer Service Rep told me that If we have already given finger prints then we can ignore the second FP notices. But she did not ask for any of our A# or Receipt #. I asked her to pull out my record based on 485 receipt # and verify if the finger prints we gave earlier are correct and we do not have to worry about the second finger prints notices. She said she cannot do that.

    SO, I got Infopass appointment for tomorrow. If at all, the officer says tomorrow that I do not have to worry about the second FP notices then what should I do ???

    1) Do they send any kind of letter in mail saying I should ignore the second set of FP notices. ( OR )

    2) Should I ask for any thing in writing saying that we are good with the finger prints we already gave and do not have to worry about the new notices (OR)

    3) Do they put any stamps and write on our new FP original notices saying Finger Prints not required for the second time.

    Thank you for letting me know.

    If they can endorse in any form on your notice (or other wise give any paper), it will be good for future. Otherwise I have heard that they just tend to say that ignore notice.

    In any case keep the record of your visit.

    Please update us.

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