Saturday, June 11, 2011

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  • ski_dude12
    04-01 05:51 PM
    Why did you not stick with the approved labor with company A, thus retaining the priority date of Nov 2006???

    If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.





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  • samswas
    05-05 08:41 AM
    Can anyone, who traveled on AP without an original copy of I-485 - Please help!
    I'm traveling on AP, and I don't have the original I-485 receipt. I have a Copy of I-485 Receipt. My Original I-485 is with my attorney.
    I will be taking all 3 Original copies of I-131 (AP's) approved.
    Do I need the Original I-485?

    Any thoughts?





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  • gusmig
    04-26 11:19 AM
    Dear Sabeesh,

    Although I'm not a lawyer, I will respond based on my knowledge and my own case.

    1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.

    2) You will only be able to enter the US with the latest visa stamped on your passport.

    3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.

    Regards.





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  • gc_chahiye
    11-04 11:26 PM
    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?

    unfortunately under current laws/regulations the dependent can only file when the PD of the primary applicant is current. So you'll need to wait for your PD to become current again to be able to file your wife's petition.



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  • njdude26
    09-27 08:21 AM
    Hi!

    Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!

    My lawyer had also said the same thing. You can get an extension of H based on your husbands approved I140.





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  • thamizhan
    07-17 10:11 PM
    I spoke to my attorney office and they said that June 485 receipting is alsmost in the verge of completion and if they dedicate a person for this July early birds will receive receipt number in couple of weeks from now.



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  • pdx_Soft_Eng
    07-10 12:33 AM
    as far as I know, since she had H1B already with her previous company, she can get a new H1B right now. She doesn't have to wait for Oct 2007. However, the time she spent on H4 is also used against her H1B time since H1 and H4 are both H visas and everybody gets 6 years in total. You should use this info at yor own risk. Double check with a lawyer. Maybe other members can confirm my response as well...





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  • anilsal
    09-17 12:36 PM
    2 times I returned back from Intl trips, the officer kept 1 original. I am left with 1 original. I have one intl trip to make before my renewed AP arrives.

    From the discussion, I think the officer will stamp the last original, make a copy and give the original back.



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  • desi485
    08-12 12:54 PM
    in my case, the local municipal corp in india denied providing non-avaibility certificate. Because my birth is registered and I do have birth cerficate, but instead of wrong date as in your case, in my case the first name is wrong. I had my birth-name on the birth certificate which is not un-common in india. Before I started pre-school, all my cerficates from that point onwards have my current legal name.

    I did not specified YES in the column where it asks if you were known by anyother name in 485.

    The only glitch is a first-name in birth cert is diff. from my current legal name. the name of parents, date, timing, family name, birth place and everything else is true and correctly mentioned.

    how much chances do you see for me to get an RFE on this?

    My lawyer told me to submit Affdevits from my parents which I did, along with original birth certificate with wrong first name. My parents also mentioned that I was given a pet-name at the time of birth, and then decided for my current legal name. I know this is complicated...

    I found 'usa consulate' in UK website talking about such case. It suggests to have affidevits, and EARLY school records, affidevit from priests etc. who performed any religious naming ceremonies etc as the acceptable documents.

    I am keeping my fingers crossed.





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  • smuggymba
    09-16 07:45 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you

    Imagine if everyone uses bold font:mad:



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  • rvendra
    05-18 02:11 PM
    My case is EB 2 Dec 15th 2003 is priority date. I have filed my I 485 in August 2007. Still my case is pending more than 3 1/2 years. I have tried all possable options. Nothing is wokring out. Just simply telling background check is pending. Can you somebdoy helpme out other than WOM.

    Thank you for your help
    Raj





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  • jonty_11
    07-23 11:55 AM
    CA is expensive...I am sure more than PA...but the decision is yours man...However, I do not think this is the right forum for such questions. If you have issues with GC retrogression then fire away.



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  • maresco10
    04-17 12:24 PM
    Your story does not look credible to me.

    Why are you working for an illegal. How did you get your I140 approved working for such an employer? Are you an anti immigrant trying to get members tell you some illegal ways.

    You cannot get your Labor or I140 approved via a phoney employer. All these are legal processes and lot of checks happen. I find something wrong in your story.

    If you still feel it is credible, then with such problems, you need a legal advice not a forum advice.


    Maybe there is a confusion, what I think it is illegal is the contract, the employer is legal, that is way I obtained the visa and the I140.





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  • Madhuri
    06-05 11:02 AM
    My I-140 case status (NSE) used to say 150-180 days, now no more time line words in the status. Just they say they will notify you when decision is made, I thought that was because I 140 premium is coming soon, they changed the wording.

    Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.



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  • lvinaykumar
    01-31 10:17 AM
    I usually get 40$ or max 50$ bill per month. But from last few months i am getting bill around 180$ per month. I live in a similar size apartment as you.. :mad:

    I was totally shocked when i get the bill for the first time but i think i am getting used to it :(:confused:





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  • ras
    05-24 12:15 PM
    My attorney told me that EAD to H1 will not counted against the cap if the person was on H1 before going on EAD. Is it true.

    couple of attorneys with whom I enquired also told me that if you still have time on h1 then you are not counted under the cap and do not need to file afresh which goes through the process of lottery etc. I think at the most you need to go to the consulate to get the visa stamping. Can some one experience corroborate this.

    Has anyone in the forum did EAD to H1?



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  • reddysn
    06-07 07:34 PM
    This has been discussed umpteen times , about the effective date stuff.. Look at archieve threads and keep visiting IV ...





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  • pscdk
    08-16 07:03 PM
    485 RD - 06/25/2007 (Filed at NSC)
    485 ND - 08/01/2007 (Came from TSC)
    FP ND - 08/09/2007
    FP Notice Received by mail on - 08/15/2007
    FP Appointment - 09/06/2007

    Did you receive the FP notice or your attorney or both??





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  • sobers
    07-26 12:07 PM
    I hope the powers-to-be realize there is little floor time left before November and consider attaching relief to existing legislative vehicles...

    http://www.hillnews.com/thehill/export/TheHill/News/Frontpage/072606/news1.html


    As the number of legislative days before the November election slip away, GOP lawmakers in competitive seats are trying to make their legislative mark.

    The schedule is even tighter for the many members seeking consideration of their bills on the floor before members leave for the August recess. Boehner himself expressed frustration yesterday about members who have pleaded with him to bring their bills to the floor this week.

    �Everybody wants their bill up this week,� the majority leader said during his weekly off-camera press briefing yesterday. �It is as if we were never coming back. There are only so many hours in a day and only a few days in this week to consider all of these.�





    sargon
    02-25 10:09 AM
    LoL. No wonder she got caught. She is not only a thief, she is also stupid.
    :rolleyes:

    Details says your friend and the title says you (used 'I').
    Which is correct. ?





    viqu
    06-05 11:30 AM
    My 140 was transferred from VSC to NSC, I received a new receipt from NSC. The new receipt show it is taking 5 months to 6 months to process this kind of case. My concern is my old receipt date (01/28/2006) is lost? totally unfair!!!



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