Thursday, June 9, 2011

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  • ivar
    04-09 10:05 PM
    OMG :eek: 3 months to withdraw PERM!
    Because of attorneys error, back in Jan/2008 we had to with draw perm and refile. It took Just 3 days to withdraw my PERM at that time.

    We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.





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  • desi3933
    07-13 09:48 AM
    What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
    Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.

    She is NOT in H4 status anymore the day your I-485 is approved.

    She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.

    Consult a good attorney asap.


    ____________________
    Not a legal advice.





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  • GCNirvana007
    04-01 01:44 PM
    Gurus,

    my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

    the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
    1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
    2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
    3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

    so, we submitted an MTR based on this documents and I got the receipt date as March 17.
    any thoughts and comments will be apreciated.

    thanks,

    Did you file con-current





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  • prem_goel
    07-05 12:41 PM
    I am kindda in a similar situation. if your wife goes to F1 visa, and the dates become current (i.e you are eligible to apply for 485), you cannot add your wife to your 485 (immigrant AOS) petition on her F1 status. She either will have to come to H-1B/H-4/L-1/L-2 status. I had this conversation long time ago with my lawyer. The reason is that these categories of visas are recognized to have dual intent of migration. F-1, B-1 etc are not so you cannot apply for 485 if you are in any of those category of visas.

    This is the biggest thing why you may have to consider being on H-1B only so that she can be on H-4 and you can add her whenever the dates are current for you again. Secondly, being on H-1B has other advantage for you as well. Suppose there is a problem with your 485 application and (god forbid) it gets denied. Then in that case you are not out of status if you have retained your H-1B status. You can be here in US until your H-1B petition expires and fight for a motion-to-reconsider on your 485 and resolve the issue. Had you been on EAD, you are out-of-status the day your 485 gets rejected.

    I understand that not many employers are keen on doing H-1B due to the costs involved, but it might be a worthwhile option for you to explain to your employer the benefits associated with keeping an H-1B petition.



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  • bogy
    05-25 01:52 AM
    yep, thats why I am planning to do a masters. If all else fails.. migrate to canada :D





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  • GC_SUCK
    09-26 11:19 AM
    Thanks. But GC still sucks because of the long process. Good Luck to everyone.

    PD - 04/2002
    EB3 - ROW
    I-485 RD - 03/2007
    I-485 AD - 09/2007



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  • ashkam
    08-03 09:44 AM
    If Priority date is 'Current', you can't apply for H1 extension!

    I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.

    What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?

    Of course you can apply for an extension even if your PD is current, only you won't get a 3 year extension but a 1 year extension. Your pal probably didn't apply because he wanted to get 3 years.





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  • pasupuleti
    01-10 07:06 PM
    NumbersUSA just says that S.9 is similar to S.2611, which died last year. I don't think NumbersUSA has the text for S.9. From NumbersUSA

    "NumbersUSA believes that this is a �shell� bill, which, at some point, will be amended to include language very similar to that which the Senate passed in 2006 [S. 2611]."



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  • walking_dude
    08-04 11:03 AM
    Now that the US Congress is in recess for 5 weeks, lets begin to get organized. It's a good time to visit our Reps and Senators as they will be in their constituencies.





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  • sundarpn
    07-17 07:32 PM
    In the same boat...

    if the principal files 485 now and then gets married say 2-3 months later when the dates are NOT current, can a dependent 485 be filed for the spouse so that she can get EAD?

    I was told that even in the case of a dependent 485 filing, the dates have to be current for the application to be accepted :(


    On related lines, if the principal application gets EAD and after 6 months moves to a new job based on EAD, and then he gets married, can he bring his spouse on H4? I think the answer is NO.



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  • IfYouSeekAmy
    05-17 02:59 PM
    Yes, I hired them in 2004. Spoke to David Cohen for an initial consulatation. They did all the paperwork. Back then they charged 1500 for the whole thing was payable in installments. (They made a mistake in one of the forms which came up during my final PR interview which was able to explain. So insist on receiving and reviewing all the forms prior to signing them). With that exception, they did a good job. Another issue was that they kept changing the paralegals so I worked with 3 people during the whole process. They were pretty good on answering calls and emails.
    Like someone said in this thread you do not have to have an immigration agent for Canadian PR as it is pretty straight forward. I used one only for the peace of mind and less hassle.

    IfYouSeekAmy,

    Can you please share your experience with them?

    Thanks





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  • LostInGCProcess
    10-01 04:51 PM
    In what sense he is racist? I could not understand, please explain to me.



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  • msyedy
    01-08 09:24 PM
    My view is little different, my friend(32 age) who is a business man (an engineer and MBA)..went with his wife and two kids to b2 stamping, got multiple entry visa for 10 yrs. His preparation is very simple, he showed his business commitments and need of his presence to the businesses he is handling and second..he could convince the consulate that he is visiting to US for the sake of kids enjoy desney...he previously visited s'pore and klm...
    if your folks are doing a honest visit..i would suggest them not to show any siblings in US and they show their ability to fund their trip and a convincing reason..(like second honeymoon...or any business conference)...and i remind you there is no set pattern that a few will get and a few won't get...its all up to how you present your case....goodluck

    ************************************************** *****

    As my friend in this have mentioned.. keep in mind there is no paper that will make it 100% to get a US visa. I have seen luck plays a big role in many of the cases.

    GOOD LUCK.





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  • JunRN
    06-02 06:18 PM
    What happens when a new I-140 was filed but was denied, will USCIS consider the previously approved i-140 for the AOS (i-485)?



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  • fatboysam
    05-16 09:40 AM
    I have couple of doubts whether i will be able to qualify or not, which i want to clairify.
    Ofcourse i will apply in Skilled workers category, i do not have any Canada experience, so according to the official website, i might not qualify because i am not a Manager.
    I do not see any option for a software engineer, Am i missing anything ?

    Immigrating to Canada: Skilled workers and professionals - Who can apply (http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp)





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  • aranya
    01-15 04:13 PM
    Here is the form (http://www.dol.gov/esa/forms/whd/WH-4.pdf).

    Let us know how it goes.

    Cheers,
    -b

    My employer paid all my fees. The point I was trying to make was that there are lawyers who interpret differently.



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  • kondur_007
    08-17 02:31 PM
    Hi Everyone,
    I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
    I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
    The Officer asked me to visit USCIS office to apply for EAD.
    Please help me with this situation..Does a H1 get an EAD and then a SSN?

    Thanks N Regards,
    Sushie


    Sounds like someone at SSN office who may not know much about immigration.
    If your I 797 came with attached I94, then you certainly can apply for SSN card. Just ask for supervisor at the SS office and talk to them.

    If your I 797 does not have attached I 94 (meaning that you are still in H4 status), then I do not know for sure what the procedure would be to apply for SS card.

    Good Luck.





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  • coopheal
    03-13 04:37 AM
    Hello,

    For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):

    1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?

    2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?

    Than You.

    I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.

    However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.

    Again not sure why you are moving from H1B to EAD when H1B is still valid?





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  • Madhuri
    03-19 02:17 PM
    Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140?
    or was it showing I140 approved before and now it's showing pending?

    No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...





    vin13
    03-17 10:19 AM
    All,
    I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?

    I will let you guys know what was requested in the RFE as soon as I get it.

    RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.





    caforum2
    06-19 07:32 AM
    EAD has nothing to do with status. He is in legal status as long as his I-485 is filed and waiting to be decided by USCIS, even if his non immigrant visa expired. EAD is work permit and he can't work based on EAD filing but only on approved ead.



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