Sunday, June 12, 2011

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  • kaisersose
    10-11 02:17 PM
    There is no problem here.

    In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.

    If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.

    Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.

    In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.





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  • ashneels2001
    05-17 03:23 AM
    I just spoke to my lawyer. We are considering another point that my high schooling is for 13 years, so if we highlight that in evaluation along with 3 years Bachelor then it might serve the purpose.

    USCIS accepts 3 years Bachelor from UK and New Zeland as equivelent to US 4 years, cuz these countries have 13 years high schooling. In my case due to my 3 years diploma(polytechnic) before bachelor, make my 13 years high schooling. Still exploring different points.

    Have anyone earlier faced this scenerio? if yes, please share the possibilities.

    Shujaat,
    Be very careful while drafting your response and choose the right eval agency. I ur case in Nebraska?





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  • danila
    07-27 10:04 AM
    I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.

    I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.

    I've heard that too, no more interim EADs. I was just commenting on the text of the post.





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  • chintu25
    07-26 12:52 PM
    There is NO such information on ........Please give the name and id of the person u are referring to on Track itt



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  • getrdone
    11-12 05:05 PM
    Can you please tell me, when was this announced? Is this a new rule ?
    I think people converting from F1 to H1 go to mexico.


    yes its new rule..dont know when it came to effect





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  • eb3retro
    03-16 02:21 AM
    I just entered US using AP, and i am not working for my GC sponsored employer. POE is SFO, I had no issues. I will update this post with all the details tomorrow (since i am very tired after travelling). But just thought I will post this thread to let know that you may not have any issues if you dont work for the GC sponsored employer and enter using AP.

    Update to my post:

    Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.

    Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.



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  • injrav
    07-27 12:21 PM
    Hi
    we are also on same boat

    but I did not find any college [small/medium/big ] which are offering MS program for below 6k including all.. I found few colleges who are offering at 6k, but their degress are not valid in INDIA/USA as they looks like diploma mills.

    In a 4 months search I found one college [regionally acredited], which will cost 13k including every thing.
    I found one more state college which are offering MS in computer science for 12k
    These two colleges help us to transfer visa to F1 and chances to get work permission in 4 months [part time]

    bottom line is: if you find any college [regionally acredited, not online university] which are offering masters program between 6 to 9k, please update me through this post

    Thanks
    Ravi





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  • gccube
    04-24 10:47 AM
    Mine is a substitute labor.



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  • green1
    08-19 12:24 AM
    I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice





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  • HRPRO
    03-08 02:28 PM
    thats what gist of it i was not there
    the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.

    MSG,

    Without knowing all the details and reading in between the lines, one of these is what I think could be the reasons for rejection.

    1) As a consultant you dont report to a client on a day to day basis. That enters the grey area of client-consultant relationship.

    2) The client letter has to clearly state the address where the consultant is working and the LCA should match the client letter.

    I think one of these would not have satisfied the VO's questions and could have triggered the rejection.

    The solution though is to have an attorney represent the firm and file an amended petition with Premium Processing and Consular notification and forward the approval to your brother. Ofcourse have the atorneys review the client letter as well. Most corporate attorneys do it.



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  • micofrost
    08-07 10:51 AM
    I understand that one cannot guess when USCIS sends out receipts. All I wanted to know was if there will be different receipts sent out for LC/140/485 and if the processing will be done simultaneously or separately.

    you ask your lawyer. This forum is meant to solve or find answers to our problems. Not to answer questions. Do your research . Understand the requirements and steps. There are somethings predictable with USCIS. And above all, you have google to search for your answers. Dont always try to take a short cut to find your answers. Already you have done a LC. Now atleast put in ur efforts to understand the GC world. It is not a rocket science unless you want to know the internal working procedures of USCIS in detail.





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  • ArkBird
    09-09 05:37 PM
    That sucks big time!

    I hope they resolve it promptly. Secondly, you can also try contact ACLU and get their consultation on this issue stating excessive harassment of legal immigrant. I have heard of few cases where they helped big time though they were asylum cases.



    @ArkBird,

    NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.

    @Dealsnet,

    How much time do you think it will take for NBC to schedule an interview ?



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  • anilvt
    09-18 10:31 PM
    hello ras,

    did u show up today at the rally man?


    why don't you show this to congressman

    why show us your inventions about GC fourth law ?

    and other people like us who can't make decision and change the law?

    after gc wud u like to invent citizenship formula

    try to get some 50 eople in the next rally

    Thanks





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  • waitingnwaiting
    09-30 11:08 AM
    Are EB2 Indians Losers and EB3 Indians locusts?

    I found this in Chinese group.
    http://www.mitbbs.com/article_t/EB23/31240163.html

    Copy this URL in any web translation service and you will see.


    Title: initiate talk about 7% - 10%, and recapture of EB2 / 3 CI of letters points: BBS Unnamed Space Station (Sat Sep 25

    7%- 10% 和recapture对EB2/3 CI Gods now put forward two options, initiate talk about 7% - 10%, and recapture of EB2 / 3 CI effect.

    1 7%- 10% 17% - 10%
    This program is not the pie bigger, just change the way the bread. Winner:EB3C; Loser: EB2I Winner: EB3C; Loser: EB2I
    对EB3C明显利好,估计通过的话,2 ,3年EB3C 可能赶上EB2C!!! Significantly positive for EB3C estimated through, 2, 3 EB3C could catch EB2C!!!
    对蝗虫一样的EB3I基本 意义,多1200基本名额杯水车薪。 EB3I on the same basic meaningless locusts, drop in the bucket more than 1200 basic quota.
    对EB2C短期难以预料,长期略有好处。 Difficult to predict on the EB2C short and long-term slight advantage. 这个方案本质上是把全世界剩余名额给中印墨菲三类多给1200个。 The program is essentially the world's remaining three places to give Murphy and India 1200. 因为以前全世界剩余名额全给了中印二类,现在中印二类 少了约5000个! The remaining places in the whole world because in the past to the second category in India, China and India are now two categories for about 5000 less! ! ! ! ! ! ! 。 . 虽然中国二类多了1200基本名额,但由于中印捆绑,EB2C从剩余名额分的 更少了! Although China's 1200 basic quota of more than two categories, but because India bundled, EB2C points from the remaining places for even less! ! ! 长期来讲,经济恢复后,剩余名额会减少很多,EB2C多的1200也许能够补偿从剩余名额少分 的数额。 Long term, economic recovery, the remaining places will reduce a lot, EB2C 1,200 more places may be able to compensate for a smaller share from the remaining amount.
    EB2I, BIG LOSER! EB2I, BIG LOSER! ! ! ,其他国家多的, 是EB2I少的! , Many other countries, is EB2I less! ! ! ! ! ! !


    2 Recapture 2 Recapture
    把饼做大了,对所有的人都有好处。 The pie bigger for all the people are good. 如果把自2000年浪费的名额拿回来,全世界二类、三类都没有排期! If the waste places since 2000 to get back to the world II, III are not waiting! ! ! ! ! 这个方案对EB3I影响最大,因为EB2C/I 还有盼头,EB3I已经在深渊里呆着了! The greatest impact on the EB3I this program, because EB2C / I also rewarding, EB3I has been left alone in the abyss!



    大家可以理解谁在大力鼓动两方案了吧,没有 缘 故的爱,也没有 缘 故的恨啊。 We can understand the two programs who strongly encouraged it, no love for no reason, no reason to hate missed ah.



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  • Saralayar
    08-11 03:43 PM
    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.
    At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.





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  • eb3_nepa
    03-22 04:41 PM
    Maybe we shud send this document to our friends at NumbersUSA (anonymously). That shud shake them up. ;)



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  • Gravitation
    06-15 12:05 PM
    How 'bout: Not filing because LCA is rotting in the basement of a BEC?





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  • Jaime
    09-05 04:58 PM
    Unless of course you are an illegal maid from El Salvador, in which case you can apply for your green card in person at any USCIS window by 9 am, and pick up your green card by 4 pm the same day. You have the option of premium processing, where if you pay $5 extra, you get along with your green card a U.S. passport, voters regsitration card, perpetual drivers license and a pack of "Hershey's Kisses" (or an actual kiss from the USCIS officer, your choice)





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  • chanduv23
    09-10 06:47 AM
    Post mortem would reveal a lot of information - but I doubt if the officials would ever do that - the very fact that they reversed the bulletin fearing investigation and media publicity is that something "not very good" has been happening and they covering it up by saying backlogs, retrogression, process must be improved, etc...





    senthil1
    05-25 02:06 AM
    One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.

    Dude since 1999 to 2006 ..nothing





    LostInGCProcess
    10-24 12:58 PM
    I also have notarized passport, etc, but one of the tax consultants told me that the ITIN cannot be filed now, and when I file my 2008 returns in 2009, I need to apply for the ITIN along with the taxreturn and paperfile. Has anybody else applied ITIN before filing tax return ?

    This is true...and this is what my tax guy told me and I did the same, last year..you file the ITIN along with the Tax returns...got some relief from the tax. :)



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