Saturday, July 16, 2011

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  • purgan
    11-17 10:37 AM
    jonty 11....what "secret" are you talkin about...

    All the people who oppose SKILL, the anti-immigrationists, the protectionists, etc all know of the lobbying and are actively opposing it (while keeping their focus on next year's Amnesty bill too)...





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  • sands_14
    10-21 02:39 PM
    my wife's ssn is tuck because of no online update of her h1 approval.It still shows Pending & received 4months after approval letter received.
    What can i do to expedite the process??
    Please advise





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  • bskrishna
    02-11 10:54 AM
    The 800K pending 485s include people who have filed multiple 485s.
    Cases like
    1) Spouses filing thier own as well as dependant.
    2) More then one primary filing.

    So i guess there are about 100K duplicate and invalid applications.

    In a way our community contributes to our own downfall...

    Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.





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  • reddog
    03-09 11:22 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

    incorrect thought.
    I-9 is a Employment Eligibility Verification form that stays with the Employer.
    She is considered to be on an AOS status. nothing to be done.



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  • nath.exists
    11-05 04:35 PM
    Thanks a lot, you cleared all my doubts. Yes you are right i was confusing my case with the GC based on marriage.Thanks again.





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  • vkmurthy260
    06-25 11:32 AM
    If you ask for a new I 94 you can get it from POE (provided I 94 is about to expire ). I got a new one while entering from Mexico last week. went out and came back in same day .

    Hope this is information is usefull.

    Thanks

    Kris.



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  • reddysn
    06-17 10:46 PM
    I dont know about it

    But you may want to read this for the procedure for applying waiver for medical issues

    http://faq.visapro.com/Immigration-Medical-Exams-FAQ9.asp


    All
    First of all, sorry to open a new thread for my problem, but didn't find a related thread.

    I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
    Iam very much worried if it will effect my chances of getting GC.
    Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?

    Please guide me.

    Thanks in advance.





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  • vkmurthy260
    08-28 07:20 AM
    Hi ,

    My wife's name was wrong in the EAD card we got recently , my attorney doesnt want to fix this , we called USCIS and they have asked to sent a new 765 along with old form having the name right ( jus to proove its not our fault ) and the EAD card . Should we send the supporting documents any similar experiences ??


    Thanks



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  • gccovet
    11-24 01:24 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    bnk96,
    Sorry to hear that, could you please PM pd_recapturing?
    Thank you.

    GCCovet





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  • simple1
    05-19 11:12 PM
    for immigration diploma + 3 yrs experience is Bachelors equivallent that is True for H1B or EB3

    for further studies diploma is under grad, you will qualify to continue further studies for Bachelors

    yep, I heard exact same when it comes to "edu eval" for work. One of my ex-collegue got h1b with 10+2+3yr-dip-compsci+5 years exp.

    I also hear "edu eval" for "work" and "study" may be two different processes. So not sure about the study part.
    Recognition of Foreign Qualifications (http://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html)



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  • eb3retro
    03-04 05:15 PM
    Is there anything i can do on H4 visa??

    Yes, you can do your household work or volunteer in some local libraries or hospitals.





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  • SunnySurya
    06-13 10:33 AM
    Deleted
    Hi All,

    We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

    Please help us with any suggestions.

    Thanking you all.



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  • Ann Ruben
    01-26 10:05 PM
    The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
    __________________________________________________ ______________
    USCIS Adjudicator’s Field Manual, Chapter 23.2



    …….(2) Exceptions to the General Rule .


    Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:

    (A) H and L Nonimmigrants with “Dual Intent.”

    Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.

    As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.

    Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:

    • remain eligible for H-1/H-4 or L-1/L-2 classification,

    • are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and

    • are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).


    If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.

    __________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.

    Ann





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  • pmgthj
    03-13 11:10 PM
    Hi gc_check, thank you very much for this info! It is very helpful!



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  • wait4ever
    11-21 11:58 AM
    Don't hide anonymously like a Turkey. Eat Turkey (Fight for your cause)

    Happy Thanksgiving


    Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!





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  • vmetla
    07-31 12:41 AM
    I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
    Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.

    Yes thats right. I never thought i would face this issue with a single line on the ETA form.
    I have taken this issue with my HR, and they are changing the immigration lawyers.

    As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.



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  • gc_maine2
    04-27 12:55 PM
    I also has same question but
    my H1 is ending this Dec, and already got ext for 7 th year
    Anyone can shed some light on this.

    Thanks





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  • Munna Bhai
    01-30 07:32 AM
    My employer says that USCIS confused with another employer with the same name who is not funcioning from 2003(Or this guys would have given their old Licence number of 2003 to USCIS while applying I140 which was overlooked by USCIS while approval). On this confusion they 'Intent to revoke'.My employer has sent the current licence they have to USCIS. So we are waiting for the decision. But I did not see the 'Intent to Revoke' letter myself. They are not sending it too. So i am nervous and thinking of other options.

    USCIS site says that additional documents has been received and they will make a decision soon.

    If you know that it is for another employee then why you worry. Just submit all the required document and everything should be fine. USCIS are very considerate.





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  • gc_chahiye
    08-26 09:47 PM
    Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.

    I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)

    Now my question is:

    1- What if I don't receive the RFE letter in time?
    2- Any loops to gain an extension if I can't make it before 30 days?
    3- Any ways to find out about the nature of FRE letter?
    4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
    5- Any advices, suggestions, similar experiences, ideas or solutions?

    I appreciate any kind of feedback on this, since I'm almost shaking in here!

    If you dont respond to the RFE because you did not even receive it, they will deny the I-140 because of abandonment, however you can immediately appeal and it will be re-opened. you have 30 odd days to file the MTR/Appeal; talk to your lawyer to confirm.

    If you suspect the RFE is for work experience letter, make sure you have a copy ready (Fax it over to your attorney ASAP; USCIS only needs a copy, not the original). If there is some other issue like your education not matching teh LC requirements, get the equivalency evaluation done asap.





    QuickGreenCard
    09-16 11:44 AM
    I have consulted USCIS rep by taking InfoPass. She was friendly and talked with USCIS Texas rep (thats where mine went), they told her to re-apply. She sent an email and received a response saying to re-apply...................................

    Cant they print another copy atleast at a charge instead asking to re-pay the whole fee again..........They are bastards





    willigetgc?
    12-03 09:36 AM
    in politics everything is give and take + "my side needs to get the best deal" attitude.

    I am conflicted about Dream.

    On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.

    On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.

    Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............



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