Friday, June 10, 2011

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  • njboy
    07-26 10:38 AM
    pappu, the only way the labor can be transferred to new company is if the 485 has been filed for more than 180 days.
    in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.





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  • maco
    08-10 10:56 AM
    Hello All

    My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
    "The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
    I am confused,will they accept the application,checks are not cashed yet,applied on july18th
    Please Help





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  • hpandey
    12-17 10:20 AM
    What is NOID? If i don't respond do i have the time to respond. How much time do i have?

    And what is RFE?

    Thanks

    NOID means Notice of Intent to Deny which is usually sent if they haven't heard from you regarding an earlier notice ( for e.g RFE which is request for evidence , or continuity of case from your employer etc )

    RFE - Request for evidence is usually generated when USCIS needs something from you or your employer . They have to be responded between 30-45 days mostly .

    Contact both your lawyer and USCIS to find out why your case was denied.





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  • babu123
    05-03 03:05 PM
    EB2 Non Premium

    I 140 , Date filed: Sep 20, 2006
    Date Approved: Oct 4, 2006

    Only in 10 business days.



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  • ajju
    03-19 11:36 AM
    For the folks (Ajju) who e-filed using a new SSN for their wives - and used the Paperless option: I understand that you have to put $0 for AGI, how about the PIN - should I (correctly) enter the PIN that was used for the 2006 filing OR does that have to change as well?
    I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.

    Thanks!

    I selected a new PIN... It didn't ask for my 2006 PIN.. I didn't remember last years PIN also.. So with AGI=$0 and new SSN.. you filing should go thru...





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  • gimme Green!!
    07-04 10:15 PM
    There was also a gap of my H-1 Activation and F-1.



    Since the stamping is for your current job, and the I-129 requirement was a Bachelor's only, there should not be any issues.

    What was the gap between H-1 activation and F1? If it was only a few months, it could be overlooked.
    What were you doing then? Did you have a PT (practical training) atleast?

    The above is based on what i think I know. The best person to advice is an immigration lawyer.



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  • saimrathi
    08-02 01:41 PM
    Yes, copies should be fine..IMHO only, you can check with a lawyer though.

    Gemini,

    Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.





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  • rahulpaper
    09-06 12:48 PM
    Did you travel out of US while you were on F1 and your AOS was in process?
    If yes...did you use AP to re-enter?
    If yes...did you still maintain your F1 status?

    Thanks in advance for your reply.



    Received card production ordered email today!!!

    For all those whose spouses are in F1 status do not worry

    I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.

    Graduated but did not apply for OPT and started using 485-EAD to work.

    Well... one more thing our lawyer forgot to include our BC while applying.
    Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.

    I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...

    I am happy to tell...do not worry if you are on F1 and
    do not travel on F1 visa
    Do not apply for OPT ( my limited knowledge advice)
    Your lawyer knows the best!

    Regarding LUDs:
    If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...

    I am planning on attending the Rally to show my support to 1V

    I hope 2007 will be lucky to every one

    Believ me journey through 485 process is nerve-wracking...
    Just think if it really makes a difference think about it ...no
    Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh

    All the Best:o
    EB3
    PD : July 2004
    RD : March 2005
    VSC--> TSC : Mar 2007
    LUDs on 485 : July 29, Sep3rd 4th
    and card production ordered on 5th



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  • kbsyed61
    04-23 02:20 PM
    June 31?





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  • Gravitation
    06-04 10:11 AM
    Morning business @ 2:30 p.m. ??

    morning business - Routine business that is supposed to occur during the first two hours of a new legislative day. This business includes receiving messages from the President and from the House of Representatives, reports from executive branch officials, petitions from citizens, memorials from States, and committee reports, and the introduction of bills and submission of resolutions. In practice, the Senate often does this business instead by unanimous consent at other convenient points in the day.

    Reference:
    http://www.senate.gov/reference/glossary_term/morning_business.htm



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  • nlssubbu
    12-06 12:01 PM
    I asked my attorney the following question. His reply is in caps:

    Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.

    A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.

    What is the feed back you guys have received from your legal counsels? Please share.

    I was in that status where my I-94 based on AP expired, but my attorney told me not to worry about it as my status is based on 'AOS'. I also had my H1B extended for 3 years after the I-140 approval, and they informed me the I-94 attached with H1B is still valid and not to worry.

    I also had not faced any issue while going out of US and my return as well.

    This is another grey area where attorneys differ and consult with them before hand, analyze the information provided before taking any decision.

    Thanks





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  • GCard_Dream
    04-23 02:50 PM
    Have you or someone you khow actually been able to get a copy of I-140 using G-639? If so when was that and what was the processing time?

    The reason I ask is because I have heard all kinds of stories about using FOIA to get a copy of I-140.
    - Some say that you can not only get I-140 but also copies of your labor cert and they have actually received it.

    - Some say that USCIS responded back saying that it was employer's property and hence can't be given to the employee.

    - Some say that it just takes too damn long (over a year) to be any meaningful.

    By the way, I just sent the G-639 myself couple of weeks ago. Will let you know if I was successful in getting a copy.

    To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
    Now a days it takes time. Almost 3 months.

    URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
    The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :

    -Any person has the right to request access to federal agency records or information.
    -All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
    -There are nine exemptions to the FOIA that protect certain records from disclosure.



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  • friend99
    08-11 11:25 PM
    I did submit copy of my BC which had 20th August as the date. :(





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  • vvincent72
    08-16 04:59 PM
    As per me, you really have to do "nothing"

    1. You continue working with your present employer
    2. Let the contract company get your H1B approved
    3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
    4. Wait for 6 months
    5. After 6 months you will get EAD.

    I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons

    The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485

    Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?

    All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?

    Does this hanging I-129 petition affect the 485 / EAD that we have filed.?

    Thank you!



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  • sw33t
    06-17 06:06 PM
    Let's say you setup a business entity (LLC, LLP, LP etc.). You would need to open a business bank account for the entity you incorporated. Use the business account to receive your proceeds from selling the app. You have not violated any laws as long as you don't pay yourself from running your company. Again, there are laws as to how many hours you can "volunteer" as a manager/director to run the company (bookkeeping, accounting etc.) before you end up as someone who SHOULD be paid for running the company. Keep a documentation trail if you decide to go down this path.

    You would have to wait until you get your green card to pay yourself out though.

    PS: I am not a lawyer.





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  • graylensman
    11-22 09:56 PM
    Tomorrow is always the new day. And I'm disappointed nobody tried to bribe me.



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  • gckalafda
    08-04 11:33 AM
    My EB3 I-140 is pending and got RFE at NSC since 1st Jan 2007 and later moved Texas, I don't know wether this thred belongs to same or not. I have a PD of Dec 2003, :mad:





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  • seahawks
    09-11 01:01 AM
    We have more members join WA State chapter, welcome aboard. We need more. Calling all of WA/OR to join our local WA state chapter. Do you want to make a difference? This is your chance!

    Please follow link below.





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  • visa_reval
    12-12 11:34 AM
    This is a good doc to help you get started in correcting your I-94.





    kumarc123
    07-16 03:02 PM
    USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.

    Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.

    Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.

    In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.

    Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.

    Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.

    Close your stupid post

    First you whine and complain of why dates didn't move, now you are focusing on when dates will retrogress?


    What is wrong with you all, if EB2 gets relieved from retrogress then next in line is EB3, First you all focus on reasons behind backlog and retrogression, come out with crazy analysis and now some idiots are putting on posts like
    dates may retrogress, all these dates have been possible because of the efforts of all IV members. Nobody wants to hear negative news now.

    Some other members with an idiotic ideology have similar posts


    Eb2 bad luck
    EB2 retrogress

    Grow up guys, everyone worked hard to see some results, as per now don't break everyone's spirit by posting all these stupid forms. Think positive and positive will happen.





    harikapraveen
    10-29 04:40 PM
    Wherever you go for stamping, there will be someone on the counter before interview is conducted by visa officer who reviews the documents.

    In Chennai, there will be a counter after appointment letter is shown. This is where the documents will be verified. When you reach this point, inform about the discrepancies and they will take care.

    My parents went to Chennai with wrong DOB. This was rectified by someone on the counter themselfs and no problems in the interview as well.:)



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