Tuesday, June 14, 2011

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  • acecupid
    07-16 06:24 PM
    They have been talking about this lawsuit for a long time now. I wonder when they will actually file it. Though they claim that they will file it this week, I would trust them only when they actually do file the lawsuit.:D




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  • tinku2009
    06-07 12:35 AM
    Hi,

    I live in CA. I E-file EAD application online. In the instruction pdf file the address is Phoenix,AZ but in the confirmation document it is Lincoln,NE.

    Which is the right address to send the supporting documents? :confused:

    Please help.

    Thanks in Advance.
    Tinku




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  • harrydr
    06-13 04:00 PM
    BimmerFan, my wife is planning to apply for the med school and mostly the hospitals tend to apply for J visa instead of H1-B. Of course my preference is to get H1-B for her to avoid the J1 waiver process and who knows how tough their policy might turn out to be once you apply.

    From your expreince it seems like you have lived this process inside out. Can you please PM me with your phone number so that i can have a more private correspondence with you. I would be greatly thankful to you for assisting me with this.




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  • blacktongue
    01-20 08:00 AM
    Don't EB3 have no example to show?



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  • smartboy75
    09-27 02:39 AM
    well said....it is surprising how US can afford to turn a blind eye to the mounting problems faced by legal immigrants....




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  • lazycis
    12-25 09:12 PM
    Hello lazycis,

    I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.

    Q 2. Is there any limit countrywise, for issuing GC?

    Thanks in advance.

    If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
    http://immigrationportal.com/showpost.php?p=1838094&postcount=14850

    Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
    http://immigrationvoice.org/forum/showthread.php?t=16266



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  • abd
    03-05 10:18 AM
    My I-140 got approved without RFE EB2 on 03/02/07.

    RD 07/27/06
    LUD 08/16/06
    Approval Date 03/02/07.

    Now joining endless wait for 485 filing.




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  • sury
    11-15 02:59 PM
    -------------------
    Current Status: Document mailed to applicant.

    we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
    ------------------

    We recently filed AR-11 for which we also recieved receipts from USCIS to my new Address. What would this mean. Is it that they are trying to send a new copy of I-485 receipts again...



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  • 123456mg
    07-20 02:59 AM
    Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.

    There are various factors to consider here:

    1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do.

    2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.




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  • Bpositive
    01-02 01:59 AM
    Happy New Year!

    My new year begins with another immigration issue..need some urgent advice.

    My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.

    My wife has an Advance Parole document and EAD based on my I-485 application.

    Can you suggest options for her?

    1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?

    2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?

    3. Any other options/advice?



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  • chanduv23
    09-04 04:14 PM
    Remember, the NOID/RFE goes to your Attorney if you have submitted G-28 form. If not, it comes to you.

    Usually they send 2 copies - one to your home address and another to your Attorney. Always make sure your current address is on file with USCIS




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  • jonty_11
    01-18 01:05 PM
    No actually its seems different from the receipt numbers which usually starts with SRC-xxxxxxxxxx

    This one seems different like : PIT-xxxxxxxxxxTSC

    It doesn't seems to work anywhere.
    did u call 18003755283....and given them this receipt number...



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  • morchu
    04-21 01:40 PM
    Wrong.
    H1B has nothing to do with an AOS. AOS has its own requirements, and having an H1B or even being "employed" at the time, is not a requirement for AOS.

    So "brick2006", theoreticaly can file for AOS, even when he is in H4.

    -Morchu

    ....To file AOS once PD is current, it is essential that one be in H1-B status.




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  • arjunpa
    10-07 10:17 PM
    Thanks for the replies martinvisalaw and simple1

    Sorry to bump this thread, but I wanted to provide an update as to where I am right now.

    If it helps, the Notice of Action I received is a I-797B instead of the usual I-797A stating - a petition has been approved for classification requested, it has been determined that the applicant is not eligible for requested extension of stay.

    This is where I am stuck at,


    I have contacted a lawyer (through a friend) and he advised that I should get a new VISA stamped by going to my home country or file I-824 to change the consulate to one I wish to attend.

    My lawyer still says, all I need to do is exit/enter through a POE to obtain the missing I-94


    I also have an appointment with a reputed law firm tomorrow (their advice would also be helpful)

    All I am trying to do in the process is to reach a safest/correct option.

    Any more suggestions? Thanks in advance.



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  • reachinus
    10-31 12:40 PM
    I am not sure what you want to say over here...
    I told you are wrong in saying that they may issue the I-94 till the expiry of the Visa Stamp.

    Well. In non-immigrant visa admissions at POE, ICE officers has their own "power" in determining the period of stay. Even if anyone has 10 year visa stamp, they can admit only for 10 days if they want; no one can argue/challange it at POE. Further truth is; even they can deny admission to GC holder if they want or if they found something fishy. Nothing is guarentee at POE as well as in consulate for getting non-immigrant visa. So, the departure date in latest I-94 is the important date to comply with (to leave US or extend on time).




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  • permfiling
    01-18 01:35 PM
    Thanks for the correction to 4k. As the terms says "applicable under law". I think the agreement is in place to scare the person from leaving early. As she is in CA, i don't think CA laws honor these agreements



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  • vishwak
    08-03 08:46 AM
    My EAD details

    Mailed Date : 5/24/10
    Received Date : 5/26/10
    Notice Date: 06/03/10
    Checks Cashed: Yes
    File Type: Paper/E-filed/Lawyer - Lawyer
    Service Center/Lockbox : TSC
    RFE DATE: N/A
    RFE Description: N/A
    SR Opened: Yes ( 07/26/2010)
    InfoPass: NO
    Current EAD Expiry: 9/03/10
    Approval Date:
    Approval Desc:
    EAD Validity:


    I have opened SR @( 07/26/2010) and got the reply back by mail below
    ----------------------------------------------------------------------------------------------------
    The status of the Service Request is
    Case type:-- I765

    The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.

    Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file

    -----------------------------------------------------------------------------------------------------

    Is this denial of service request or denial of EAD Renewal?
    I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.

    What should I do now? Please let me know.

    Thx
    KPR



    It does looks confusion.
    I believe its...just SR denied not case. Hope for the best.




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  • rongha_2000
    10-02 11:07 AM
    I have briefly searched the forums and could not find a related post hence starting a new thread. If the answer already is on any other post, please point me to it and delete this thread.
    ***********
    Question: I am on H1 and, my wife and daughter are on H4. I have applied for EAD for both me and my wife and AP for all 3 of us. My question is "Do I need to maintain my H1 status so that my daughter can stay in US?" If I (and my wife too) switch to EAD, what status will my daughter be in? As I understand "Pending Adjustment" is not a status so how can my daughter stay in US legally if I switch to EAD.

    Any response is highly appreciated.




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  • H1B-GC
    07-15 04:49 PM
    you can say that.USCIS processes the case Erratically . No Logic . No FIFO. Its just like playing the French Roulette. Sad but True.




    asphaltcowboy
    05-27 10:31 AM
    it's gotta be Soul's... the worst thing is the flippin' page transitions! I'm growing old waiting for them! congrats to everyone with a **** website

    ;)




    Ann Ruben
    01-24 05:18 PM
    Unfortunately, you are now out of status, and you are no longer authorized to work. Your employer can file a new petition for you, but because you are not in legal H1 status, you are not entitled to an extension of H1 status. The same is true if a new employer files an H1 petition for you. In either case, you will have to leave the US, get a new H1 visa stamped in your passport and re-enter the US using that visa in order to regain legal H1 status with authorization to work.

    Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.

    Ann



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