Tuesday, June 14, 2011

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  • India76
    06-04 09:33 AM
    Is there going to be CIR Debate in senate today?




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  • ssss
    08-01 05:18 PM
    UPS issued same tracking number for 2 different packages from same place of origin lastweek.




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  • arnet
    10-26 01:51 PM
    our experience:

    they will mail back those.

    my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.

    I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.

    it took 3 days after interview date to get the stamped passport and documents through courier.

    If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.

    I hope they mail it back because that's something I definitely need. I didn't know they will look at my I797. I wish I had known this before my wife went for visa stamping. There's alway a new kink, isn't it :-)




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  • unitednations
    02-22 02:12 PM
    To all Experts/Gurus, please advice on this issue.

    I hold a H-1B status as well as I-485 Adjustment of Status Pending.
    I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

    I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

    1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
    2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
    3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
    4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
    5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
    6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
    7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
    8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
    9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

    These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

    Thanks.

    You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.

    If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.

    You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).

    There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.

    Long story short; was that it went to court and the candidate won...

    If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road



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  • Steve555
    01-31 08:38 PM
    Hi,

    Does anyone know any person who got atleast one H1 approved by filing more than one H1 Applications through multiple employers?


    Many Thanks,
    Steve




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  • indianabacklog
    07-31 12:22 PM
    Guys,

    don't worry.

    The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!

    They can't age out children just because they sit on an application for 5 years...

    Relax..
    I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.

    Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.



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  • neel_gump
    01-29 12:02 PM
    you should be lucky enough to get in 15 days :) my son's PIO took 5 weeks...




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  • chanduv23
    06-16 07:53 AM
    Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...

    when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)

    so what is pre adjucted.......:rolleyes:

    I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"



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  • yetanotherguyinline
    12-20 06:47 PM
    I found out from discussion about the USCIS Expedite service:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

    "
    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

    * Severe financial loss to company or individual
    * Extreme emergent situation
    * Humanitarian situation
    * Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
    * Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
    * USCIS error
    * Compelling interest of USCIS

    If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

    If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
    "

    I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.

    I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.

    It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)

    She mentioned:
    "We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

    Source:
    http://www..com/discussion-forums/i485-1/52168049/


    ENJOY!!!!



    There was another individual on this board who had an personal emergency (I believe his id is Mehul or something similar). This information might be very useful to him.




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  • glus
    01-03 11:03 AM
    Going to school itself will not have any effect on your H-1B status. If you stop working for the H1b employer, then your H-1B status is gone. If you have EAD, you can continue working for anyone else. This has no effect on GC processing, as long as you can show that there is the same or similar position for you when they adjudicate your i485. I assume your 485 has been pending for more than 180days and that your I140 is approved. Your new employer, if you leave h-1b, will need to produce a letter that he has a position that is similar in title and duties to the orginal sponsor's position. Only with such a proof your GC can be approved later on. Keep in mind you must keep EAD always if you leave your H-1B employer.



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  • Anders �stberg
    August 8th, 2005, 11:00 PM
    Great picture and tip! Would come in handy for me too as I'm not too keen on getting up early. :)




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  • eb3retro
    07-22 08:04 PM
    Hi Suk,

    We have been already working on this. Please see:

    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf

    On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".

    This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.

    Thanks for your help!


    Walden pond, is there anyway we can do a rigorous push for this. Is there something that we can do about it. Also, after this letter to USCIS, was there any response from their end...thanks for your time, btw, congratulations on receiving your green card. You really deserve it and trust me, every single soul in IV is happy for you.



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  • NolaIndian32
    09-01 11:12 AM
    Guys, i don't know how USCIS works, i don't care at this point in time. Just wanted to share with this group, that i did not get a 2nd FP notice. My FP was done on 9/28/07. And as Fromnaija said earlier in this thread, a 2nd FP may not be required if FPs were stored in Biometric Storage System - well, i got my "card production ordered" e-mail today. Hope to have the green card in hand by the end of the month. So again, not having a 2nd FP notice may not be an issue.

    Best of luck to all,
    Nola




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  • WaldenPond
    07-21 08:48 PM
    EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

    "DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

    Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

    This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?

    Hi Suk,

    We have been already working on this. Please see:

    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf

    On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".

    This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.

    Thanks for your help!



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  • kerstbrd
    07-04 06:16 PM
    I am from Bosnia, so yes I guess it's ROW (rest of the world).
    I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
    I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.

    Thanks for the positive update.




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  • insbaby
    08-12 09:12 AM
    1. Check with your lawyer on this

    2. Do not send affidavit for Aug 20th. Then you end up with documents having two birthdates and affidavits for confirming both birthdates. Instead, just leave it and wait. You may or may not end up with an RFE.



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  • ajay
    04-21 10:58 AM
    My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.

    Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.

    thanks




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  • glamzon
    08-02 03:15 PM
    lol...nice joke ..can i borrow your pigeon for this weekend ..need to make some weekend deliveries ;)




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  • skark
    02-24 02:35 PM
    I thought someone here said that if your spouse got a new SSN via EAD and files tax jointly with this new SSN then one cannot efile and needs to paper file it. It appears that TaxCut is allowing one to eFile in this circumstance. Anyone else done it?




    snathan
    04-13 08:19 PM
    Hi,

    I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

    Priority Date : Jun-06
    Category : EB2
    I140 Approved : 08/15/2006
    Chargeability : India
    Processing Stage : I-485, EAD, AP
    I485 Mailed Date : 07/02/2007

    My daughter is born in Canada in year 2000.

    My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....

    http://www.visapro.com/Immigration-Dictionary/C1.asp
    Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

    I would really appreciate your help.

    Thanks

    If you can do that....I am sure most of the folks can do their child's chargeability as US and get the GC in matter of months... Anyway check with the attorney and update us...




    vdlrao
    01-21 02:16 PM
    Do I need Germany visa to travel on AP, to India via Germany with Lufthansa air lines.. Please let me know.

    Thanks.



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