Sunday, June 12, 2011

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  • dc2007
    07-31 08:17 PM
    I am in the same boat.

    I applied I-140 in premium processing(Labor applied Apr 2004, Approved Jan 2007). Got RFE to show 5 yrs of exp. My Lawyer replied to RFE on 26th July and USCIS received the documents on 30th of July 2007.

    The problem is that USCIS site is showing that they will take upto 60 days to reply. Though I have applied in Premium processing but I guess they answer queries in normal time.

    There is a 50-50 chance of getting my RFE cleared. Please suggest:

    1. Can I file I-485 before 17th Aug ?
    2. If I can, do I have to pay old Fees ?
    3. Can I file without medical ?

    Please guide ?

    Thanks
    DC





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  • kshitijnt
    07-18 01:03 AM
    I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

    July 1st - Applied Wife's 485
    July 8th - My 485 was approved
    July 13th - Wife's 485 Denied due to outdated forms
    July 14th - My H1, Wife's H4 and I-94 Expired
    July 19th - Planning on sending a new 485 application for spouse

    I'm mainly concerned about two things
    1. Is she out of status for 5 days from July 14th to 19th
    2. Can I still apply her as a derivative, as my 485 is already approved.

    Thank you,

    Things will work out. Dont worry. You have to ACT QUICKLY though. Since your marriage was before GC was approved for you, you can do following to join option as well :)





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  • redcard
    08-17 03:08 PM
    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.

    Thanks redcard,
    Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?


    If your H1 approval notice did not come with the I-94 printed on it, then Canada is definitely an option to get it stamped, however its always better to get the first time stamping done in your home country.

    You could also get your status changed while in US, but that would take additional fees and time. Speak to your H1-b sponsor about it.

    btw, I would still check the approval notice to make sure that notice does not have an I-94 printed on the bottom of it. The I-94 printed at the bottom of the notice will have the same I-94 number as the one you have stapled to your passport, but will now have your status as H1 instead of H4.





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  • chantu
    06-19 09:35 AM
    my mom gave up her green card back in early 80's and she has had no problems what so ever in getting vistors visa since then (in fact it made it easier to get vistors visa (for the entire family) because it clearly shows no intention of migrating to US).

    Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D



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  • seahawks
    01-01 05:10 AM
    congratulations after all the hardships you had to wait for. Me too had to wait 4 years (48 months) just for my labor to be approved:) Hopefully 2009 should really be a Happy New Year if we all work hard together!





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  • Green.Tech
    09-17 11:45 AM
    The answer to ur fulltime on H1 is NO...even a leave of absense wont help..as you are not a citizen..and every non citizen has to be on F1 if in FT program.....
    Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)

    if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...

    been there...done that!

    pointlesswait,

    I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.



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  • a_yaja
    06-21 03:10 PM
    Congratulations!!!!!

    Would you plz confirm us on the Birth Certificate?

    Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
    My BC was issued in 1980 and my DOB is 1974. However, my BC (issued by govt. of Mysore - Bangalore then was part of Mysore then) has a "registered" date as 1974. My lawyer said that since the registered date is 2 days after my birth, there is no problem with the BC.





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  • overhere
    07-18 08:40 AM
    Thanks! I was worried because they may reject my application because if the PD is August, it is not qualified under the July VB. But it seems that because I am qualified anytime the VB shows current, I can apply in August without issue regarding PD.

    why can't you just file it right away? i really suggest filing your application asap or within july so you'll get an earlier pd.



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  • sat2010
    03-05 11:23 AM
    Congratulations All , good to know that eb3 to eb2 case is going through.

    what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .

    Thanks in Advance .





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  • seaken75
    07-17 10:19 PM
    Today is a great day in IV history!

    We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.

    My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?

    Anyone with experience please help.

    Thanks in advance!



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  • AK_GC
    07-22 02:42 PM
    Or can we work on EAD and let the H1B lapse. The employer is the same. Thanks for the information!





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  • guy03062
    03-17 11:08 AM
    Great job, Jay!



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  • ricky26
    03-14 10:24 AM
    As long as you have valid H1/H4 stamping in your passport you can travel in/out of the country freely.

    H and L visa's are exempt from having AP as long as they have stamp in their passport.





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  • arikris
    02-08 11:22 PM
    @sduddukuri - Can you share why H4 was denied in the first place? I am in a similar situation and wondering if MTR or Travel abroad would be better.



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  • ca_immigrant
    01-06 11:58 AM
    Just say "All izz well" and watch out for the bulletin :)

    I agree....
    ALL IZZ WELL...


    I am keeping my hopes high for the month....err..sorry ...year...err sorry decade...
    I mean I am keeping my hopes high for this decade...

    ALL IZZ WELL...





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  • calboy78
    07-27 03:30 PM
    EAD is only required if you want to work and you don't have any other document which will allow you to work (e.g. a valid un-expired H1)

    Cheers :)

    Hi,

    My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.

    Thanks.



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  • ricky26
    03-14 10:24 AM
    As long as you have valid H1/H4 stamping in your passport you can travel in/out of the country freely.

    H and L visa's are exempt from having AP as long as they have stamp in their passport.





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  • haeveingridseyn
    09-09 07:56 AM
    Hi Everyone..

    Thanks for providing this information . I am also searching this type of topic.
    Its really helpful to forum members and solve many problem.
    Keep it up.





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  • GC20??
    08-20 09:51 AM
    My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

    Had any one been in same situation or had seen this before with some one else?
    Two years after my I-140 was approved, status changed to below. My attorney filed my I-140 choosing CP. CP applications are processed at DOS. As I applied for I-485 in July'07 DOS sent it back to USCIS. Your case looks different. Well I have heard of instances where USCIS reviews approved applications I hope your case is a simple computer glitch. I-140 is employers application so you cannot contact customer service or IO regarding that. Ask your attorney or employer to contact USCIS.

    Your priority date is current for more than 6 months now. Did you take any steps to expedite (congressman, senator or writ of mandamus)?

    "Post Decision Activity

    On March 20, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."





    mbartosik
    03-12 04:08 PM
    Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.

    WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.

    Any more comments welcome.
    e.g. raising via Congressman's office.
    Receipt date vs notice date of last transfer -- which sets the processing date.





    samcam
    05-19 01:42 PM
    Welcome to our newest member, NBA



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