Monday, July 11, 2011

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  • ameerka_dream
    05-06 03:52 PM
    Guys,

    I need your suggestion. My birth was not registered within one year of my date of birth but it was registered recently and I got my Birth certificate with me. I'm just preparing documents for filing for 485 in near future. Some body has just mentioned to me that USCIS would send an RFE if I submit that Birth Certificate with 485 filing. Could anybody have an idea about documents that I would need to get and to submit with my birth certificate as per my per later registered birth certificate ?

    I would appreciate if anybody can point me with links if somebody already gone through this.

    Thanks.





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  • rchristopherriley
    11-01 09:11 AM
    I'm from ROW, my spouse and me both have EAD and AP. But our I-485 is pending. My spouse isn't working but would be travelling to Germany next year while I won't be travelling with her.

    1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?

    2. How soon will the service center accept the renewal applications before they expire?

    3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?

    4. What paper work do I need to submit with my applications for renewal either by online or manual?

    5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?

    Experts please advice.





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  • abd
    08-24 11:28 AM
    Name: ABD
    City/State: NJ
    Question: My Company applied RIR EB3 labor for me in June 2004. It is stuck in backlog at PBEC. Meanwhile my company also filed new EB2 PERM (Without using old priority date) in March2006. This got approved and I-140 has been filed for it. Is it possible for me to use the priority date of June 2004 for EB2 case? Assuming the backlog labor gets approved.

    Thanks in advance.





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  • chnaveen
    03-22 09:22 PM
    My deepest condolenses and sympathies to thier families. May their souls rest in peace.



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  • whiteStallion
    06-02 07:03 PM
    Yes, the return ticket have to be *within* 6 months rather than after 6 months.





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  • punjabi77
    08-10 01:17 AM
    Hi Everyone,

    Dont know if anyone thought about this or not.
    I know so many people have switched their previous employer who actually filed for GC.
    The employer also had the GC cost deducted from the employees salary.
    Now my situation is the same.
    I no longer work for the previous employer and my offer letter does say that employer will cover the cost of GC.
    but what actually happened is something that happened with so many people.
    Now since i dont work for that employer is it appropriate to ask the employer to reimburse me the GC cost as it was mentioned in the offer letter that employer will pay for the GC processing?
    BTW.. my 485 is filed and i do have my EAD
    let me know if someone has more information about it.



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  • coopheal
    01-01 01:46 PM
    dude couple reasons listed above, other reasons from the various posts on this topic.

    1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
    2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
    3) Lot of people have switched to EB2 from EB3
    4) The formal retrogression phenomenon started around 2003.

    Things which can fix this situation are:
    1) Law by US govt to add more visas this year.
    2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.





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  • summitpointe
    04-27 02:24 PM
    Six years in US complete


    I-140 approved
    Not able to file I-485 because of retrogression
    Wife not able to work
    Moving around for jobs with family
    Cheating Employer
    Frustation with H1B Extension and stamping
    Not able to Plan to go to India because of Interview dates
    Not able to plan on good school Child's education
    Not able to spend more money on good health insurance
    Lot of money spent on H1B Extension and stamping
    Sick with the current employer


    Don't want my employer to take lot of money in between. Can we switch employer and file a new H1B with new employer.

    Do you guys think the retrogression will end soon? frustration everyday.



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  • shana04
    07-23 12:55 PM
    Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?

    1. If you stick to your current company, you might make money for few months but you are loosing all that extra cushion i.e. you need time for h1 transfer and applying for labor.

    2. If you don't trust and join the new company why would they trust you

    3. Body shoppers have mutual interest. They do it for money. They would not start your GC process unless you join them

    4. As Snathan said, by the time you file your h1 and get it transfered it will take time. so why not do it.

    5. If you want your GC process take risk.

    6. Money is not always the crietria. Go gain some thing you need to loose something.

    I wish you both good luck on finding your new employer and filing GC.

    Play safe.





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  • psk79
    09-26 12:15 PM
    I am Jul2 filer with a notice date of Aug, 31. (NSC to TSC transferred) I got the receipts in early september however as of today no FP notices. I called uscis and hte guy told me to wait 30 days until oct 2. I dont know if there are any other guys in this case.....



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  • bheemi
    04-03 09:56 AM
    HI Admin,
    I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..

    thanks





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  • inskrish
    09-28 12:30 AM
    and tiped around $ 100, suddenly he started yelling at me...


    Well, probably, you might have underestimated the power of JB, I guess. He got pissed off since you paid just $100. :D



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  • amsgc
    01-22 09:57 PM
    Now that you have your answer, let me ask you a question -
    Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?

    I hate to break this to you, but your sense of optimism needs a reality check.

    Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.





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  • vikram2101
    08-02 06:55 PM
    My wife collected her's from VFS but they do not give it out the same day either at the consulate or the VFS. The earliest I guess is 3 PM the next day that you can collect it.

    do you remember the appointment time?



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  • liberty
    01-13 05:55 PM
    I have not got any update from expert. Could you please take a look?





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  • conchshell
    08-14 09:34 PM
    Thanks ConchShell.

    By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.

    BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.



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  • saileshdude
    08-28 10:32 PM
    I just booked tickets for an emergency 1 week trip to India and 30 mins later got a CRIS email

    ---------------------------
    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
    -------------------------------

    Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).

    I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
    So with
    a) H1 Revoked aug 28th
    b) Address changed
    c) AC21 not filed
    I am thinking of not travelling. Am I overreacting here ?

    You mentioned emergency in your post. If there is a medical issue regarding a near-dear family member or a really important event (may be immediate family members wedding) then you should go. These are more important things in life. Believe it or not when you look back that this in future you will regret the decision of not going if its truely an emergency.

    Most likely nothing will happen. Just take the offer letter with you from the new company descibing that your new job duties are similar to old one and also take copy of AC21 law.





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  • java_jaggu
    06-20 04:29 PM
    logiclife, I am not sure whether we can file the 485 on our own with a letter from the employer. The letter from the employer is part of the "Initial Evidence" required to file the 485 petition. Here is a snippet from the immigration-law website talking about the importance of submitting the initial evidence at the time of filing. There is a high possibility that your I-485 petition will get denied(without an RFE) if you don't submit it without a letter from the employer.


    06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

    As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.





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  • meridiani.planum
    11-12 02:22 PM
    My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?

    not a problem as long as you are also working full time on a job that meets the requirements spelled out in your Labor Certification. Technically having only a job offer is enough, but if USCIS sees you running a convenience store, while holding a "job offer" for fulltime employment, it will most certaintly result in an interview and you will have to convince hte IO you intend to take up the job.
    If you are already working full time, then USCIS does not care what else you do in parallel (own a convenience store, run your own company)





    garamchai2go
    06-26 02:12 PM
    I recently applied for EAD renewal and after three weeks of that I saw LUD changed on my 485 apllication for consequetive two days. Any Idea why ?

    By the way my case is ACT 21 ( 485 filed on 2007 july) and my priority day is not even close to be current.

    Any suggestions will be appreciated ?

    Thanks

    Did you happen to do address change(AR-11)??





    vinzak
    05-18 02:21 PM
    This is quickly qualifying as an irrelevant thread.



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