Thursday, June 30, 2011

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  • Deepadandamudi
    01-28 10:21 PM
    Since 7 years I was working on EAD and now I am thinking to convert into H1B , since I am planning to get separated from spouse.(my GC process is dependent on my spouse).

    I was not on H1B before.

    Q1: Once I get my H1B, will my EAD gets revoked or can I maintain both H1B as well as EAD?
    Q2: If I get divorced, will by EAD status becomes invalid from the day1 after divorce?




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  • davesmith
    01-30 11:47 AM
    Hi Friends,

    Thanks for answering all my question and I really appreciate all of you for sharing your experience.

    I am new to all these and seeking for Family based GC category 2A applied in May 2005. According to the date in VB for the month of FEB we should get GC as of now but didn't happen.

    I am confused about the "Note" that is written under the Family Based PREFERENCES chart in VB. Could some one make me understand in simple language what the below note says?

    *NOTE: For February, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01MAR04. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAR04 and earlier than 01MAR06. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

    Please reply.

    Thanks a Lot




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  • aug2007
    05-24 11:04 PM
    Thanks to all for the response. I'll apply for the SSN next week.




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  • desi3933
    02-26 01:24 PM
    What is the expiration date for her current H-4 I-94?



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  • eb3_nepa
    06-08 12:41 PM
    :p maybe 2020, i am sure my PD will become current the day i buy tickets to return:D

    Then buy those tickets already!! ;)




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  • lostinbeta
    10-22 12:09 PM
    I get it :)



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  • svam77
    12-04 04:02 PM
    Hi,

    I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )

    Thanks,
    Sam




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  • vennella
    06-18 02:34 PM
    My husband's employer filed for green card under EB-1 (OR). I-140 got approved, I-485 is pending. I already did my fingerprinting. My husband's is scheduled for next week. We did not get EAD or AP yet.

    Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise



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  • dealsnet
    01-28 08:34 AM
    If you overstayed more than 180 days will trigger a ban. Apply for a visa, or try to find out from CBP or your local consulate or embassy, to find out the ban period. May be 3 or 10 years. You can appeal for ban waiver. Tell the truth at consulate, if not the ban will be greater.




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  • chanduv23
    11-02 10:59 AM
    I am in NYC. My wife's attorney Stephen Perlitsh, is just too busy to give us some career guidance and cancels our appointments in last moment. I have no problem paying a good fee if I can get a real good prefessional advice, it is very essential for us in this retrogressed scenerio.

    R u specilising in Residencies and fellowships etcc?? I will PM u though.
    Thanks



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  • go_guy123
    01-21 11:47 AM
    Via The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)

    An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."

    Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)


    More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)

    So other WTO member countries need to challenge based on that.




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  • bugsbunny
    04-25 07:31 PM
    There should be no issues if you are taking her GC along with you, thats all she will need. She can enter with GC. No need to even mention AP to the CBP officer



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  • chanduv23
    02-21 10:57 AM
    I heaard you can work for multiple employers on multiple h1b's part time but one job must always be fulltime.




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  • Blog Feeds
    07-28 12:50 PM
    USCIS has recently published a new fact sheet of common questions and answers for members of the U.S. Armed Forces and their families. (http://www.californiaimmigrationlawyerblog.com/Immigration%20Information%20for%20Members%20of%20t he%20U.S.%20Armed%20Forces%20and%20their%20Familie s.pdf) The fact sheet contains the most frequently asked questions that USCIS receives.

    The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)

    Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.

    Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
    http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg










    More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)



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  • ujjvalkoul
    06-23 06:10 PM
    r u guys filing both applications with the same employer.

    Can I retain PD (Aug 2003) of EB3 labor application filed with Employer 1

    Now I have PERM approved in EB2 with employer 2

    Can I transfer PD in this case.




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  • Rajeev
    07-02 10:05 AM
    You need to turn in all your I-94 cards, e.g. I-94 below the H1B approval notice, change of status. When you re enter the new I-94 card will have a new number so old ones if you kept would become useless. I would highly recommend that make copies of all your I-94 cards at I-485 they can ask you provide old I-94 cards Have seen cases where this has happened.

    Thanks a lot for your reply.



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  • jonty_11
    05-14 11:08 AM
    Guys no response....Is immigration voice really cold now?




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  • diptam
    07-09 08:21 PM
    I also saw the Murthy Post just now.... AILA needs plaintiffs...

    What happened to their own plaintiffs - even couple of days back they
    said that they more than sufficent plaintiffs...

    Are you guys filling up PLAINTOFF form ? The problem is that AILA /AILF
    is a blackbox ... You can see that they are exchanging emails but cant read the content of email... ONLY FOR MEMBERS :mad:

    Both
    http://www.aila.org/
    and
    http://www.murthy.com/

    confirm that AILF needs more Plaintiffs !




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  • jamieqak
    November 28th, 2004, 08:56 AM
    I've taken photos here as well and none of mine came out this well. The light is beautiful!




    kanshul
    02-08 09:39 AM
    At this time there is no certainity.At the rate in which dates are moving in EB2 India (1 month move in a year) your PD will be current after 10 years. You may not even consider coming here then.

    More realistic is the situation when illegal will get amnesty and legals may be put ahead of line.

    Also the window may be as little as 30 days like in July 2007 as long as anytime (say someone with PD 2003 in EB2 --any time in the future)

    I do wish you all the best.




    reachinus
    07-18 01:02 PM
    I do not know about the number of recipts#, but if you gave the checks for the applications then most of the banks give images of cashed-check. That image will have the recipt number printed on the back side of check.

    BTW, When did your 485 application/package reach USCIS? June or July 2007

    Yes. You can get the numbers for the cancelled checks as well.



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  • superdude
    07-20 12:23 AM
    Just curious.

    Who played what role in the reversal of USCIS/DOS decision?

    Did IV core / AILA / Congresswoman Lofgren worked together in the back ground? Flower campaign / SJ rally / media - newspaper articles ?

    May be all of the above had its unique impact on USCIS's decision to accept I-485?

    Below article is just one example. There are many like this which mention about IV. IV hired a lobbying firm and work with different people for lobbying efforts. But the whole effort was lead by IV.

    http://www.thedenverchannel.com/money/13712066/detail.html




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  • patchsk
    12-06 11:57 AM
    I got my H1b tranfer in premium processing approved in 2 days, 2 days for receipt notice.
    So all process is with in 1 week. This is for Vermont center though.




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  • eb3India
    08-22 09:38 AM
    I have been following IV ever since itz inception and I really appreciate all the efforts by volunters.

    However, I feel we have up-hill battle in this current political and economical situation and we need to re-think about startergies and solving current retrogession.

    I just want initiate brainstorm, I am not sure if these ideas are discussed before,

    Having seen how CIR bill is killed in House, I am very doubtfull about SKILL bill getting passed in house.

    getting any pro-immigration (legal/illegal) is a long processes, so can we need to focus on what we can do to reduce the retrogression within current legal framework

    like
    lobby senators to enforce USICS on following

    - Reduce time taken for Security Checks
    - Try to consider 245i cases in a different catagory than EB3
    - Try recapture unused visa numbers from 2003-04-05
    - issue EAD/AP for three years
    - remvoe per country quota
    - allow to apply for I485 if I140 is approved, ( I know this is controvesial but we can try)

    These simple things could reduce retrogression if not completly resolved




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  • nirajnp
    06-02 04:55 PM
    Hi,

    My wife is currently on H1 (valid until Oct 2008). We just had a baby and I am thinking of transfering her to h4 (COS) for about 7-8 months. Once she feels comfortable she would like to start working again. In this case we would need h4 to h1b COS again.
    Ques 1: Will h4-to-h1 transfer (while the h1 visa is still valid) be counted against a fresh quota or will this be just a COS application.
    Ques 2: This is her first H1B which was valid for 3 years ( started in Oct 2005 - Oct 2008). Her company is about to file for renewal (for another 3 years - then her H1B maybe valid until Oct 2011). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap ? The reason I ask is cos her H1B is currently valid until Oct 2008 and her company hasnt applied for renewal yet.
    Ques 3: How much time does it takes to get the COS for h1-h4 and h4-h1 ?

    Any help would be appreciated...

    Thanks in advance...



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  • vinodp1978
    08-25 10:16 PM
    I am in the same situation...my 6th yr H1 expires on Feb 2008. I am really hoping that I will get an EAD before my H1 expiration. But if I dont get an EAD on time then I will apply for recapturing my time outside USA. I travel overseas a lot on business so basically i will need about 3months of time recaptured to meet the 1 yr prior labor approval for H1 extension. My PD is april 2007. Hope this helps and works out for you.

    BTW..i recieved my receipt notices for EAD,485 and AP last week.




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  • GCDreaming
    10-25 10:56 PM
    All,

    I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!



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  • nhfirefighter13
    February 1st, 2006, 02:39 PM
    Very shallow DOF is a factor of Macro photography. Use the smallest f-stop you can and focus on the nearest plane. Experimentation is pretty much a necessity with Macro work.




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  • neeidd
    07-08 07:31 PM
    Could some one please clarify?

    My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!

    Thanks



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  • venkatpuli
    07-19 11:02 PM
    Please reply




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  • amaze
    10-31 09:54 AM
    what do u know about? :P



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  • texcan
    10-10 11:25 PM
    Thanks Raju Ram...




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  • thomachan72
    03-18 08:58 AM
    What are the rules for getting a new 3 X 2 year H1.
    Person leaves US while on the 5th year in November 07.
    applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
    However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
    Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?



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  • somegchuh
    07-11 06:09 PM
    Hi Bose,

    so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!

    Ah the wonders of govt work...




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  • antihero
    03-27 04:12 PM
    I don't know about legal risks but health-wise that sounds quite risky.

    I can't believe to what extent some people will go to earn money!

    Boss, don't make yourself a guinea pig. No amount of money is worth it.



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  • ramaonline
    07-29 12:21 PM
    You can post the request on
    Indian Blood Donors (http://www.indianblooddonors.com/)

    Also contact their volunteers:
    Other Blood Helplines (http://www.indianblooddonors.com/Friends.asp)




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  • Becks
    03-29 05:30 PM
    They would have verified PIMS while giving your wife the H4. But they will again verify with PIMS as one of the steps to issue the H1 visa. I dont think they will bypass it.



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  • learning01
    01-29 02:20 PM
    We can't mount fire-fighting operation on each and every front. Let's ignore them.

    We have a purpose to tell, educate, highlight the issues we all legal immigrants face. This has happened under this Republican Regime. Various reasons - mainly lack of funds, lack of green card numbers, lack of staff etc.

    We can continue writing small specific personal letters to lawmakers. Then as a group we address employers asking them their effort to help them best employees.

    I was browsing the jobs forum on craigslist and i was shocked to see some user urging people to call Senator Cornyn to not push H1 and Eb visa increases.




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  • Student with no hopes
    11-02 09:06 AM
    I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration lawfirm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..




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  • Administrator2
    05-21 01:08 PM
    Here is an example of a massive success of coordinated grass roots effort.

    Banks have spent over 100 million dollars to lobby the Congress to stop Financial regulation reform. But targeted and timely 3000 calls from grassroots to Sen. Scott Brown's office has changed the course of this entire debate.

    Because of those 3000 calls, Sen. Brown decided to be the 60th vote for the cloture, ultimately resulting in financial reform.

    Source: Scott Brown, under pressure from left, votes for regulatory bill | The Daily Caller - Breaking News, Opinion, Research, and Entertainment (http://dailycaller.com/2010/05/20/scott-brown-under-pressure-from-left-votes-for-regulatory-bill/)


    So why did Brown buckle, after voting to uphold the filibuster on Wednesday?

    For starters, he received 3,000 phone calls to his office over the last week, all of them by supporters of Organizing for America




    Brown received around 900 calls on Thursday alone, a DNC source said.


    This is what only handful of us can also help achieve when it matters the most. It needs coordination and timely action from the grassroots and all IV members.




    unbreakable
    06-03 01:32 AM
    Sorry, I didn't know the bill was dead. Thanks for correcting.




    insbaby
    08-24 12:34 PM
    I believe they would process the application within 15 days. It doesnt necessarily have to be an approval or denial, they can even send a RFE.

    Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.

    TRUE.

    It is 15 days (not business) including week ends.

    Here are some hidden facts:

    * 15 days window DOES NOT start from the day USCIS receives application.
    * 15 days window DOES NOT start from the day USCIS sends a NOTIFICATION (Yes !!!)
    * 15 days window starts ONLY when you see an LUD change with a description "Request for Premimum Processing" updated in USCIS system.
    * When there is an RFE, the 15 days window clock STOPS.

    while( case != approved && case != denied )
    {
    * RFE is issued
    ***** 15 days clock now is reset to 0 *****
    * 15 days window DOES NOT start from the day USCIS receives RFE Response.
    * 15 days window DOES NOT start from the day case status says "RFE Response received".
    * 15 days window starts ONLY when you see an LUD change with a description "Case Resumed" updated in USCIS system.
    }



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  • alterego
    11-14 08:49 AM
    If your 485 is denied, all derivative benefits like EAD/AP are also lost. You therefore can't use EAD for another job even if 6 months have elapsed.




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  • psaxena
    06-03 05:57 PM
    should I get a white cat or black cat
    I want to avoid me being racist on cats.

    No wait, it can be better..
    My friend wants to buy a cat which one should he get black or white.

    any ideas about 1-2day /night cruise from Houston/Galveston ? I want to avoid Immigration checks.
    Thanks in advance.




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  • h1bjava
    03-13 05:11 PM
    Thank you hpandey for the clarification. If I apply H1B extension in premium processing in apr itself, I will know soon if it will go through or not. My plan is to apply H1B transfer immediately to a new employer in case of H1B extension denial from the current employer, as I will still have valid H1B for few more months till Sep 09.

    One more doubt I have is whether it will raise a red flag for USCIS, if I apply premium processing in apr 09 for extension from oct 1st 09 or will it be fine. Please let me know.




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  • upuaut
    10-21 12:53 AM
    very sweet sir.



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  • GC Struggle
    04-21 10:44 AM
    As long as you are matching the wage on teh LC you should be ok




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  • bobyal
    03-04 01:41 PM
    In recent times we are not able to see cases in online system and only way to get that into online system is by doing an address change. Unless the case comes into online system we can NOT add that to our protfolio for tracking.



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  • sri@180
    02-19 04:59 AM
    Hi,
    I am Indian citizen residence in USA.
    In my appointment letter I saw State of Residence:Tamil Nadu.
    I didnt select this option.How this information came to my appointment letter.:confused:
    I selected the option before taking appointment.... Indian Citizen Residence in USA.
    Is there any chance to change that.My appointment date is with in one week.
    Do i have to call anybody regarding this.
    Pls tell to me any other options regarding this.




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  • rajuram
    03-13 11:40 PM
    Please remember to fill out the change of address form before you die, so that uscis can mail your GC to you without any further delays. They do provide expedited delivery of GC to those based in "hell". So please take care not to chose heaven (if it is an option).



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  • chanduv23
    09-20 11:33 AM
    If you have the valid H1b stamped while your 485 is pending and got RN,FP done,you should not have any issues in POE.So are you done with your FP?? Its always safe you wait for FP and finish it and then decide your travel plans.

    HTH,

    I travelled after 485, got h1b stamping , came baack and recently my checks also got cashed and am looking for the Reciept Notice also.

    I did not have any issues anywhere.

    For FP - you just have to make sure someone is checking ur mailbox so that you will know when FP date comes, and you can postphone FP to a later date when you return




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  • delhirocks
    06-23 12:22 PM
    If dates stay current (expected for maybe July), I-485 processing is FIFO based on receipt date of I-485.
    If dates retrogress, I-485 processing is FIFO based on PD.



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  • baburob2
    02-14 02:02 PM
    hi dilipcpa, raj2007
    i have responded. could you plz respond back ASAP?




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  • ahiyer
    11-24 02:30 PM
    Thanks for the reply.

    I forgot to mention this is for new H1B filing, does it matter in that case?



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  • loudobbs
    08-28 12:56 PM
    sure...attend the Immigration Rally!!

    what to do after attending the rally?:D




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  • gcharry
    11-11 08:35 PM
    Thank you for the reply. What if my 485 gets approved before the 485 date current again and I could apply for her?
    Thanks



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  • GotGC??
    02-25 08:30 PM
    Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.

    Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485




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  • mjdup
    10-19 10:49 AM
    Just in case someone might find this useful --

    I had appeared for my visa stamping (9th year extension). It went fine. I'd used these forums to collect all the needed info so thanks to everyone ! I was little nervous but had no choice because my company had sent me for a business trip. At the consulate, security was very good. They even had places to leave your belongings. I saw people come in with cellphones, keys etc and they were check them in the security. Once through the security initial check ups took place where they put the needed documents in a file.
    - At this point the person checking my docs marked red on the section where I had marked that my sibling was permanent resident.
    - went to the first window where the officer checked for PIMS and wrote "no PIMS" (again in red) on my ds156 form. He asked couple of questions about where I work and then the finger print formality.
    - waited for a while and finally I was called for the interview. The VO asked about my job, degree and what my role was at the company. I work for very large fortune 500 company and our division in Germany is well known.
    - She left couple of times to check my PIMS records and finally told me that your visa will be approved and sent in 3-5 business days. That's how they do it consulates in Germany. You are not allowed to come and collect the passports.
    - But, then she again checked my degree (EE) and mentioned that they may have to do some additional processing and will get back to me.
    - But, she kept the passport and other docs so I was confident that it is only for PIMS verification. After 3 days I got back my passport with stamping. I provided all the answers with confidence and very legibly.

    We just have to do what we have to do and leave the rest to whatever happens. I'd prepared everything before my trip in case I've go to India and get stamped (I'm getting tired of these long and stressful procedures, I was the only one with some many docs whereas others walked in with few sheets, go figure !).

    Anyway, everything went well! Please let me know if any of you have questions and good luck to all. Hope none of us have to get stuck in the PIMS mess. Also, the PIMS process seems to have been cleaned up. Because of large amount of complaints looks like they are clearing it faster and providing the decision back to consulates much faster.

    Adios.



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  • lazycis
    01-10 08:52 AM
    Your status is Parolee for 1,2 and 3

    Agree on 1 and 2. But it is (c) (9) FILED I-485 for #3. I applied recently with no problem. Include a copy I-485 receipt.




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  • neeidd
    08-05 12:14 PM
    Hi Guys,

    Based on other threads on this forum, I see a lot of I-485 approvals(EB2 I) at TSC for receipt numbers starting SRC# and whose PD is current . Just wondering if any one got I-485 approved whose application is a transferred from Vermont(EAC) to TSC?

    Please shed some light on this!

    Btw, my receipt date is 07/07 (EAC). PD current. Case transferred to TSC with a receipt date of 09/11.

    Thanks




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  • crystal
    07-12 11:56 PM
    Don not open multiple threads for the same post.Please




    jthomas
    03-30 02:38 PM
    My I-485/I-140 were filed on Jul 2, 2008 (I-140 approved in 9/2007). I possess an EAD valid till Sep 2010 and AP valid till Aug 2009. I lost my job (H1B) in late January. I have a family emergency compelling me to travel to India for a week (starting Saturday next week 04/04/2009). Will there be any problem in terms of using my AP to re-enter the U.S? An early reply would be appreciated. Thank You very much in advance.

    P.S: I do not have a job yet.

    If you list your skillset maybe someone would be able to help you as soon as you return. By the way, most of the members knows a tons of rectruiters and websites.Maybe in the worst case you can tell that you are going to be interviewed by some firms

    JThomas




    ras
    01-31 07:27 PM
    I am no expert but based on my understanding on this.

    1. Your friend can associate with one of the companies in USA and have an agreement so that the money gets paid to the US Company and then transferred to Indian company/individual. The US company pays tax for the payments received.

    2. You can direct the online payments to your bank account via paypal or other methods and then transfer the money to your friend. No need of merchant account. However, you need to report this as an additional income on your W2 or similar and then pay taxes.

    3. You can register a small business and then associate with your friend in India. All the payments will be made to your US company and then paid as services / product fee to your friend in India. (Info about starting the Business in USA can be found at Immigration Voice Starting a Business wiki (http://immigrationvoice.org/wiki/index.php/Starting_a_Business))

    I am not sure there could be other ways, but these are some of the obvious ones.