Friday, June 24, 2011

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  • sunny02
    08-19 09:00 AM
    Thanks for your suggestions - minimalist,prem_goel,gconmymind.


    If she attends for the visa stamping in India,
    1) When can she go to consulate - before October 1 or after October 1.
    2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
    3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
    4) Can they ask for more details like client letter,etc - chennai

    If she plans to come back on H4
    1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.

    Thanks in advance.




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  • redgreen
    07-15 10:31 AM
    It is clearly written in the instruction of I-765 that :

    "Adjustment applicant who filed for the adjustment under the fee structure implemented July 30, 2007"

    Note that it is not whether you filed on or after July 30, 2007 but the fee that you paid for I-485. I don't know why people don't even read the basic instructions coming along with the applications form!

    Simply, this is the rule. If you have paid higher fee for I-485 then you don't pay fee for EAD (new or renewal). otherwise you must pay the fee. . As most of the people who filed before Aug 17, 2007 would have paid previous lower fee and those who applied know very well that they applied in August as part of the 'faisco'; it was basically a July 2007 filing with older fee.

    Many lawyers don't know anything other than making money.




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  • ImmiRam
    09-13 05:05 PM
    Whom are you going to sue? Which 'LAW' did they break? Yes you can sue federal agencies or any government agency (up to certain extent), IF you can prove they are breaking law.

    Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.

    Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....

    Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..

    Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."

    So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).

    We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?




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  • venky08
    06-22 03:01 PM
    there is no rule that says your spouse must have your last name. it is just your personal preference. (i am talking from the prespective of immigration application)



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  • HawaldarNaik
    02-11 10:50 PM
    Your last message says would u do more ? would you participate ?

    I lost my job in December but was lucky enough to get back on a project within two weeks. What i find about this post is that it is a strange way of trying to get attention, and attention for what, do you or have you an idea or a roadmap to address the issue ?
    What does participation mean
    Going for some march or peaceful rally that does nothing or very little
    come on wake up and start suggesting ways of addressing this and we will be more than willing to participate

    Lets talk of productivity not activity where people just send emails or calls etc etc that leads to no where, what we want is a good solid recognition of the fact that the world is a golbal village and productive resources should have a easier path to stay anywhere in the world

    By the way without mincing words and with no malice to you...this heading of yours is really an incorrect way of drawing attention cause i know a lot of my friends who have been laid off now for more than two to three months and have been in the US, more than i have i.e. over 8 to 10 years and are still waiting for a GC and have nowhere to go and beleive me are in a very bad shape, emotionally and financially....

    So in short either Lead the way with good suggetions/options rather than gathering people and money that leads to nothing and nowhere and only takes 2 leaps forward and 4 leaps backward (in terms of immigration reforms)




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  • ivjobs
    11-11 04:48 PM
    This is pretty cool and a nice feature for the benefit of the members. Once this is successful, probably we could get few more willing attorney's who can help the members in a chat environment.

    This is definitely a big leap towards benefits being offered to the IV members.

    Awesome, keep it up core...



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  • neoneo
    07-16 08:36 PM
    I'm not sure the information is correct. You can add a spouse anytime before your I-485 is approved. Till that time it's a good idea, if you have a chance, to maintain two different applications. The difference is you can mention that you have a spouse in biometrics etc but you wont file for her EAD/ AP since she/he has a separate app since she is not a dependent.

    In a nutshell " If-you-are-a-spouse-doesn't-mean-you-are-a-dependent".
    If you don't plan to file as a dependent then you have to file two independent apps.

    Don't get confused with dependent and spouse, these are two very different terms.

    You would add a dependent before your I-485 approval depending upon whose PD is current.

    PS: As usual all the disclaimer regarding of me not being an attorney applies. :D




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  • chehuan
    01-17 04:26 PM
    hey

    i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
    for your information both are masters candidates and are eb2 filed
    but his was file months before mine and he got audited
    mine is in the process of being filed

    not sure of whether this even matters and cases are indepedent
    but just wanted to know ahead of time if it calls for a sure denial

    thanks
    chehuan



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  • praveen888
    04-09 09:45 PM
    Ken,

    I am on same boat. Mine and my wife case also transfered from Texas to Orlando,FL.My PD is EB2 sep06 and we filed 485 July2nd'07.140 approved in March07.

    We never worked in FL state.

    My case is tranfered on 8th April'08 and a LUD today(9th April 08).




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  • iamakshay
    05-28 05:43 PM
    Thanks Ryan for reply but I am bit confused... Do I need to have US Visa for working with Canadian company, even if company don't have anything do with US.

    It's canada based company and will be working remotely.



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  • papajon
    06-18 02:20 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion or an appeal, could you please post your feedbacks/experiences?

    also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?




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  • xtronics
    11-02 10:26 AM
    Thanks Prashanti
    What is the approximate time for the perm labor to get approved in current situation? I know we can apply for premium processing for I-140. Premium processing is 3 months?
    Please let us know when you get a chance.



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  • arihant
    06-01 11:13 PM
    Guys I had started this thread for people who have already filed for I485 and are waiting for a visa number. I am surprised at how this thread has been altered with a poll and the kind of posts people are making.

    purplehazea,

    I started the other thread with the poll. I do not know how the two threads morphed together:confused:




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  • Vsach
    05-16 09:00 AM
    Its simple, do it online!! Save money....we did it 5 yrs ago.



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  • Hopeful123
    08-14 08:56 AM
    Update: My case was approved today. I-140 , EB3 India PD - 03/24/2005, USCIS Recd: 05/25/2007 at NSC. Transferred to TSC in Aprl'08. Approval email: 08/14/08.

    Good luck to the rest who r in the same boat.

    Cheers!




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  • GCSOON-Ihope
    12-14 02:48 PM
    Hi,

    I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?


    1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.


    2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?


    ______________________________


    If you are e-filing, by definition you won't need to mail anything (or almost, see below)!
    I applied on-line for both EAD and AP, and it's really very simple.
    You certainly don't need to pay those ridiculous fees to an attorney for that!
    After e-filing, I received two weeks later in the mail a request to send ID pictures. That's the only thing I had to mail.



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  • SunnySurya
    08-04 09:35 AM
    I came to know of a case where this gentelman who has PD of Nov 2002 EB2 has his case pending at Nebraska for a really long time. His Name check and other formalities were cleared and no body was sure the reason for the hold up. He had numerous infopass appointments as well as written to various lawmakers etc... After getting tired of doing all that he decided to take 15 days off from work. And do you know where did he go:
    He went to Lincoln, Nebraska.
    The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.

    So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.




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  • aubGC
    02-06 09:01 AM
    All EAD renewals for the applicants whose I 485 was filed before August 17, 2007 have to pay $340 as renewal fee.. No exception.. no consfusion.

    If you dont send check and pay incorrect fee, more delay or chances of rejection...Hope it helps..




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  • gc_samba
    07-17 04:44 PM
    Kaisersose thank you for your reply. Is their a time limit for how long I have to work for the GC filling employer? what worries me is if they fire me in lets say 1 month after hire during their probation period am I safe? Even though i was working part time some where else.

    As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.

    Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".




    Funky_Monkey
    09-14 05:05 PM
    Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.




    ak_manu
    04-02 11:51 AM
    I got exact query.

    All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.

    Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.



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