Thursday, June 9, 2011

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  • rajuram
    04-04 07:55 PM
    here is the correct link:

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  • plassey
    08-06 09:57 AM
    Sorry, this forum is not for family based immigrant only employment based..But don't worry you are fine. Issues like this are better handled by a lawyer.
    Hello everyone,new to the forum
    Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
    So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
    I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court

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  • fortune50
    07-27 02:53 PM
    The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.

    Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
    Gurus, any body know how USCIS will process 485 applications?

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  • Help_Us
    05-21 06:37 PM
    Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?


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  • DSLStart
    07-28 04:06 PM
    I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.

    No, no maximum. You just have to have had the AP in hand when you left the US.

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  • validIV
    03-25 01:49 PM
    How come you are being paid if you are unemployed?


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  • sreedhar
    10-26 11:10 AM
    July 2nd filer, checks cashed on 10/16, still online status not available.

    My Checks Cashed on 10/10...Still Not available on USCIS online System.

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  • FrankZulu
    08-15 05:01 AM
    3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?

    You have to enter US once at least in 6 months & not 1 year.


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  • sammyb
    11-30 09:07 PM
    You need to invoke IV-21 :D

    like the humor in it ...

    in todays era we are thinking everything using GC terminology ... :D

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  • dreamworld
    12-18 05:21 PM
    You should reply to that letter saying that you are Not US Citizen. It is very important to reply to that notice and be a responsible US resident.


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  • luish73
    07-21 10:59 AM
    This is a 100% partisan vote. Most yes are R most No's are D

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  • alex99
    09-28 09:22 AM
    any body in the same boat?


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  • meridiani.planum
    06-29 03:27 PM

    I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.

    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.

    No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.

    2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?

    If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)

    3. Can I file for a new PERM at that time and get an extension based on that?

    Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)

    4. Do I need to refile I-485?

    If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.

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  • rvr_jcop
    02-15 01:30 AM
    Hello All

    I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.

    Before asking n number of questions, it will be helpful for others(even to answer the questions) if you fill up your profile.

    --Its doesnt mean that you are technically on EAD just for the reason of you entered on AP. You could choose to working on H1-B if you want to (by not sending your I-9)
    --Is company B you mentioned a TARP company?
    --Denial of non-imm petition does not automatically lead to denial of other immi petitions provided all else is good

    Chill out and stop worrying. Talk to your attorney and make wise decision that is good for you.

    This is just my opinion/understanding and others could correct me if I was wrong..


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  • sunil0617
    06-17 05:26 PM
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


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  • sreeks925
    02-03 04:24 AM
    Making a strong pitch for America to stay competitive in the face of emerging economies such as India and China, President George W Bush has urged the Congress to raise the number of H-1B visas that allow companies to hire foreign workers for scientific and high tech jobs.

    "Congress needs to understand that nations like India, China, Japan, Korea and Canada all offer tax incentives that are permanent. In other words, we live in a competitive world. We want to be the leader in this world," Bush said in a speech in Minnesota on Thursday.

    To fill vacant jobs in the US, Bush urged the Congress to lift current limit on H-1B visas that allow foreign workers to get jobs in the United States. The Congress in 2005 capped at 65,000 the number of H-1B visas, a third of the 195,000 allowed during the technology boom.

    "I think it's a mistake not to encourage more really bright folks who can fill the jobs that are having trouble being filled here in America, to limit their number. So I call upon Congress to be realistic and reasonable and raise that cap," Bush said, but did not say by how much he wanted the limit lifted.

    He said that one part of the agenda to stay competitive was to study math and science, a theme he touched on in his State of the Union Address on Tuesday.

    "It's one thing to research, but if you don't have somebody in that lab, well� And so I got some ideas for the Congress to consider. The first is to emphasize math and science early, and to make sure that the courses are rigorous enough that our children can compete globally," Bush said in a speech at the 3M Corporation.

    He said there are more high-tech jobs in America today than people available to fill them. "So what do we do about that? And the reason it's important -- and the American citizen has got to understand it's important -- is if we don't do something about how to fill those high-tech jobs here, they'll go somewhere else where somebody can do the job."

    "There are some who say, we can't worry about competition. It doesn't matter, it's here. It's a real aspect of the world in which we live," he said.

    "And so one way to deal with this problem, and probably the most effective way, is to recognize that there's a lot of bright engineers and chemists and physicists from other lands that are either educated here, or received an education elsewhere but want to work here. And they come here under a programme called H1B visas," Bush said.

    He said America should not fear competition. "It's important for us not to lose our confidence in changing times. It's important for us not to fear competition but welcome it."

    Senior administration officials noted that the number of H-1B visas has fallen to 65,000 which in their estimation was 'too low' and that it was imperative 'to bump that up.'

    ". . . some of reports have called for increases of 10,000; others between 20,000 and 40,000. So there is a number of options on the table to be considered. But we'll work with Congress on that," said Claude Allen, assistant to the President for domestic policy.


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  • amar123
    07-19 04:02 AM
    Hi All,
    I have a question regarding the status check of the 485 process. Does USCIS change the Updated date (maybe a soft LUD) before approval/completion of processing of 485 on the Case Status.

    I know its a yes/no/maybe not always kinda answer but I wanted to check with those who already had approved 485s if they had noticed updates before the Approval. If yes, what is the usual timeframe after the update when the approval has been noticed.
    I am sure, like me :) you must have kept checking the Case Status page like crazy once the dates were current so, please respond and I am sure many will benefit from your responses.

    I am sure, many of you who are still waiting like me,already have friends who went thru this process, so, even your inputs are welcome.


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  • katrina
    01-24 12:25 PM
    just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.

    I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.

    FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?

    Please help and Big thanks

    On contrary if you chose CP you have to maintain your status until your greencard get approved. Try to read this link it give a detail that if you choose CP it suggest to keep your H1b in case your greencard not get approved you still be able to get back to united states.

    Since your HR believe your lawyer more than you, what you can do is do your homework by research on the internet find the written proof that stated you can extend your H1b visa after your submitted your I-140 more than a year (pending labour certificate more than a year ) and after your I-140 get approved you can extend it up to 3 year.

    go to uscis web ( or yates memo regarding H1b Extension (
    find the statement that can back your case.

    Then get a second opinion from a prominent lawyer, paid the fee for 1 hour consulation and ask your HR to talk to the lawyer directly then contest your current laywer back after all information gathered and asked him/her why she still said that you can't extend your H1b if you submit your I-i140 now.

    Hope this help :) good luck

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  • hemanth22
    07-06 06:44 AM
    add72 is correct, the indian economy is not dependent on the IT outsourcing business any more.
    If you research more you will find that Tata steel is currently one of the largest steel makers in the world after acquiring corus.
    Infosys might aquire capgemini/ernst and young soon making it to compete directly with IBM and EDS for high level consulting business
    Chrysler might be sold to tata motors
    etc etc
    Earlier goverment policy was inhibiting indian businesses in india as well as globally
    Now the policy is changing and indian business are thriving both at home and internationally.
    They are looking to hire the top talent paying top money.

    Thats why its in the indian govt's interest that the GC / immigration process is skewed up here :) so that its best people come back and paricipate in the economy back home

    02-06 01:58 PM
    Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.

    10-22 12:25 PM
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