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  • BEC_fog
    05-27 11:55 AM
    You can send a comment to QGA from their website if you want under the contact us link.





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  • GCNaseeb
    08-08 03:55 PM
    Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?

    I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:

    " If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".

    Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
    Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?





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  • krishnam70
    08-16 01:04 PM
    Most IO in India are not aware of "AP"...They ask if you have a GC , H1B ,F1 or tourist visa. Here's what we and our friends have done and it works..

    Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...


    They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.

    I guess its pure dumb luck or anything but did not have issues anywhere and i have used different routes, europe, middle east and even south east asia to travel and never once did anybody question AP. I guess the officers in india were trying to make a buck or two ( pun intended)





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  • GCwaitforever
    02-06 04:40 PM
    Hi,
    What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?

    This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
    - kd

    Why do you worry about something that is so far off in future? Given the current retrogression, it takes three or four years anyway for GC to be approved.

    Also not all agreements are enforceable. An agreement has to have give and take - Employer offers something and Employee offers something. They can not claim in agreement that you work for them for two years without specifying what they are doing for you in return. So you may ignore the paper agreement completely. Check with an attorney.



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  • deba
    02-04 09:25 AM
    I am surprised to hear that you were not allowed to board from India. As I mentioned, I have no idea what the procedures are right now. You might run into an official or Airline agent who is not aware of the rules. In my case, I traveled from the US couple of times with AP/Canada PR. First time it was AA/BA and the next time it was AA/Emirates. The checking you will go through will include both immigration and airline staff. If you are transiting thru London Heathrow, you will have to get past a passport check and security screening again to get to your boarding gate. This is where the Airport staff will check your papers. The gate agent will check your papers at the boarding gate and might even issue a different boarding pass. In case you have any doubts, I suggest you take another route or get a visa. The higher cost you might pay by flying Lufthansa for example, will offset the cost of a visa. You don't want to get stranded in any case. Good Luck.





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  • ronnie0479
    08-15 11:54 PM
    Hi -

    Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?

    I mean, do these guys know what an AP is?

    Is it better to get the H1B stamping done?

    I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..

    what has indian immigration officer to do with AP and US immagration.....



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  • wa_Saiprasad
    12-14 10:09 AM
    Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators’ for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.





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  • desi485
    09-27 10:12 AM
    ^^bump^^



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  • softcrowd
    06-21 10:43 AM
    So if my 140 is denied while my 485 is pending & if I have another 140 that's approved, Can I just swap it? Is that possible?





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  • ebizash
    08-25 02:17 PM
    poorslumdog,

    I do appologize. I have made some donations today, will be making in the future.
    i will be more active in the posts and compaigns.

    will you please encourage others to respond to my questions?

    Thanks for giving me a wake -up call.

    Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.

    Now to your question - I was in similar situation last year , may be even more complicated than yours. First I got promoted (developer to Architect) in my GC sponsoring company in 2007 and then in 2008, I changed employer and took another promotion (Architect to Manager). In the first case, my GC employer filed an amended H1-B and in the second case, I used EAD to switch employer.

    I got RFE last month for employment verification letter. My current employer responded with my current position, salary (more than 50% higher than LCA), and job responsibilities. The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.

    Hope this helps.



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  • glus
    01-24 09:13 AM
    Thks for the response, but what I read on other sites for e.g murthydot.com and some other site in the Internet it is used even for situations where one did not realised their I-94 has expired and thought its not an issue, also for example such as employer forgot to file and its not application mistake as he was not aware about employers miss and etc. So based on a approved LCA one can get H1 approved and even get the unauthorized employment convert it into a valid employment for any period (based on conditions). I'll do more research on this and update this thread.

    Meanwhile anyone with any other opinion is welcome here. Thks all

    hi there:

    One can only work for an H-1B employer for whom H1b petition is approved and is valid. By working for a different employer without filing a transfer of H-1b to the new employer, one falls out of status. Going back to the original employer A would not put such a person back into legal h-1b status at all. Consult an attorney to review your options. However, staying in the U.S. even if you go back to your original employer A, will not repair your out-of-status problem and most likely will count toward being illegally here. The odds are high that the USCIS will notice this sooner or later and you may have a big problem then. Since your visa stamp is till unexpired (I am not sure if it is still valid, even if it is still unexpired), maybe re-entering the U.S. and working for employer A would help, but still you should consult a good immigration attorney to see if that would be OK.

    Best Regards,





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  • rsdang
    07-23 10:44 AM
    I am a July filer as well and have a ton of friends in same boat... This is the first I heard of it.



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  • vsrinir
    11-25 09:04 AM
    http://www.ilw.com/immigdaily/digest/2008,1125.shtm


    The Detroit Free Press quotes Senate Majority Leader Reid "On immigration, there's been an agreement between [Mr.] Obama and [Mr.] McCain to move forward on that. ... We'll do that"; and "We've got McCain and we've got a few others. I don't expect much of a fight at all." A report in The Cherry Hill Courier Post quotes a spokesman for the Senate Majority Leader "[Mr. Reid] plans to take up immigration reform but is still working with the new administration on timing ... House leaders also have promised to consider measures." As to when comprehensive immigration reform will come up before Congress, Immigration Daily has learnt that it will come to the floor early in 2009 though it is not currently planned for Mr. Obama's first 100 days. The Cherry Hill Courier Post quotes Sen. Menendez "If lawmakers don't consider the issue early, it could 'slide into midterms' -- the 2010 election -- and again become a contentious campaign issue. This is one of those issues that needs to be done early on."

    Sen. Menendez and Rep. Gutierrez are on the warpath for early passage of CIR in the 111th Congress. Sen. Menendez had the courage to singlehandedly block a five year extension of E-Verify, and will doubtless push for a significant immigration benefits downpayment before March 6th when E-Verify is set to expire. Rep. Gutierrez and the House Hispanic caucus successfully blocked immigration benefits legislation in the 110th Congress to ensure continued support for CIR. The election results have strenghthened the hand of CIR supporters in Congress. We believe that Sen. Menendez and Rep. Gutierrez are on the right track, and urge immigration advocates to support their efforts.





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  • champu
    03-12 09:25 PM
    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
    :):):):):):)



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  • martinvisalaw
    06-15 04:52 PM
    Dear Ms. Martin:

    Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:

    1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?

    2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?

    3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?

    4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?

    5. Please give me a fee quote for I-485/EAD/AP?

    Thank you so much. I am looking forward to your reply.



    Sincerely

    1. See this blog post for details about how to satisfy the Affidavit of Support requirements: http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support.

    2. You can file the 485 without directly notifying NVC. CIS will request the file back from NVC, though this might delay the 485 approval a bit.

    3. Yes, you can apply for an EAD and AP with the 485.

    4. The processing times for I-485s depend on where you will file. Please see this link, since I don't know where you live: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs.

    5. I will send you a private message re fees. Thanks for the inquiry.





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  • morchu
    04-29 05:53 PM
    F1 is a pure non-immigrant visa. Means at the time of F1 application, if the consulate feels that there is an "immigration intent" they will (and have to) reject the F1. Just by stating that her fiancee is an immigrant, I see potential F1 rejection due to "immigration intent".

    Thanks snathan and aravindhome for your responses.

    I'm going to consult an attorney on this for sure...

    After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
    My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
    OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?

    I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.

    aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?


    Thanks a lot

    Ravi



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  • aadimanav
    06-22 12:25 AM
    Source:
    The Oh Law Firm (http://www.immigration-law.com/)

    06/21/2009: CIR and What's Ahead

    On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!

    All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.





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  • pappusheth
    05-01 11:40 PM
    I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.

    Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
    Thanks.

    pappusheth





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  • waitforgc1
    05-07 12:08 PM
    I think if iam not wrong its not based of the priority date or anything else. Its just random





    abhishek101
    04-13 03:34 PM
    One of my friends neighbours Aunt who lives in Australia has a cousin in South Africa
    This cousin's sister's uncles' kids' friend got his GC last month, his PD was 2007. He was in EB3.

    I have heard quite a few cases like that,

    like other day I was at Safeway and the counter lady told me that her friend's cousin's son just got the whole process completed in 2 months and that too in EB3.

    I can only say it is just unbelivable that these things still happen in this world. USCIS is just full of bums, we should definitely do some campaign about it.

    But then ignorance is bliss :D





    meyshimmi
    02-06 07:48 PM
    Is it me or has there been no posts of recent I-485 denials after using AC21???? If there are, sorry, maybe I haven't seen any lately... If there are none, maybe USCIS has realized their mistake???

    I wonder what happened to the conference call with the Ombudsman...



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