Tuesday, June 14, 2011

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  • kak1978
    10-26 02:58 PM
    I gave you green .. be happy .. and keep helping others

    Well, thank you. I am returning the favour.





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  • kevinkris
    02-18 02:42 PM
    Is it something like appeal for a denial?





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  • LOL123
    02-13 03:41 PM
    Folks,

    Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

    Thanks





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  • desi3933
    03-04 11:58 AM
    >> Do you have a Green Card?
    This is not a legal question. If question is posted on web-site, that can be reported.


    The questions should be
    1. Do you have the legal right (i.e. appropriate documentation/work permit) to work in this job position?
    2. Can you (the applicant), within 3 business days of employment, submit verification of both your identity and your authorization to work in the U.S. pursuant to the U.S. Immigration Reform and Control Act of 1986?



    ________________________
    Not a legal advice.
    US citizen of Indian origin



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  • mwin
    08-17 02:14 PM
    I485 will be accepted, if all other things are good.
    Don't worry about EAD and AP, if it gets rejected you can always re-apply. You can apply for these any time during 485 stage. Aug 17 does not apply here. Of course you have to pay the new fees.





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  • deba
    12-10 12:40 PM
    I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP. I-140 approved long time back in '06. So, I will be meeting the 180 day rule and I-140 approved criteria in jan/08.
    My H1 expires in 12/08. In case I transfer my H1 to a new co. sometime next year, will I have to restart my GC process again? or will AC-21 kick in and the process will continue as is with me just waiting for GC and PD becoming current etc. Thanks



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  • dingox100
    11-19 02:18 PM
    My friend tried to get his brother. his brother is working in some IT company in india. The visa officer asked only one question

    Visa officer: Whats your Age?
    my friends brother: 26
    Visa officer: sorry , visa cant be issued.. rejected.

    No more questions and no more answers





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  • justAnotherFile
    07-12 11:00 AM
    .. I think this is an excellent way to carry forward the Gandhigiri campaign.
    We should start a campaign, pick a few congressmen (may be from immigration subcomitee, judiciary comittee etc) and every member of IV should print out this pamphlet and hand sign, data, address and send it to these congressmen.

    We should also send a sample of the letter to news outlets.

    This will help keep this issue in the limelight. Any takers??



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  • hary536
    05-20 03:51 PM
    Hi, Thanks for the reply.
    In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
    So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.

    Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
    file an amendment? If yes, which H1B or LCA or both?

    Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?

    1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

    2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

    3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

    Have a good day!

    ________________________
    Not a legal advice
    US citizen of Indian origin





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  • andy garcia
    02-06 03:47 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?

    If you read the back of the approval of the I-140. It says:

    APPROVAL OF AN IMMIGRANT PETITION

    Approval of an immigrant petition does not convey any right or status. The approval petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status.



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  • plassey
    07-24 09:58 AM
    These are some good options but don't agree fully with F-1 strategy. For F-1 u have to show non immigrant intent. So u can delay ur marriage registeration. I think it is better if he applies for F-1 without disclosing that he is married.

    People, First of all, if you don�t have answers please dont post junk!

    Options:

    1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.

    2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.

    3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***

    4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.

    5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***

    Hope these help.





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  • PavanV
    09-06 02:28 PM
    Boss,
    Even in India some of the southern states dont like speaking in Hindi. In India, it is all about showing off, if your kid is here in US (as a slave on H1 B), Badi garv ki bat hai in India, dollar mein paisa banara hai na, isliye. The trend is more in AP (by the way i am from AP), where almost every family has one or more living and earning in phorein currency. As long as the native country cannot produce jobs for all (without reservations) and a decent standard of living, people will steal, lie, deceive, kill to come here to the US, and i guess they don't mind waiting for 20 yrs living as bounded slave, after all it is better here than the slum's isn't it ?
    (Satire included :))

    Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.



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  • hanu0913
    10-08 11:03 AM
    You'd have to wait for PD to become current to add spouse.

    Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.

    can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval





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  • shimul99
    09-25 03:37 PM
    My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......



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  • eyeswe
    09-04 02:25 PM
    While I may not subscribe to the theory of no work at CIS, if most cases are pre-adj and so the dates have to move forward, I do believe that the 485 is now essentially a two step process
    Step 1: Accepting 485, EAD, AP apps.. with the EAD and AP being optional
    You need the PD date to apply to this step 1.

    Then comes the prep work for Step 2 ---a spate of FP, Medical, background checks, RFE's and a ton of those beore they can say your case is waiting for Visa number...
    And then ..
    Step 2 : Your case is now adjudicated . When the visa number becomes available you get the magic card...

    If the work for Step 2 for most of the applicants has been done .. then there is no harm in moving the PD to accept more of Step 1 apps... at least that is how my pea sized brain thinks...
    They can always control Step 2 through a combo of PD, RD, ND and what not... so while several of 2006,2007 may be current again in 2010, they will only grant GC to one's who fit in their scheme of RD, ND's etc...

    Just prophesizing....for 2010





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  • indio0617
    12-31 07:52 AM
    Guys ,
    Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?


    YES. I believe that will certainly be re-introduced as one of the measures in 2006



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  • Prashanthi
    02-11 04:14 PM
    Note: A receipt for an application for an initial or renewal USCIS
    Employment Authorization Document (EAD) filed on a Form I-765,
    Application for Employment Authorization, is not acceptable for Form
    I-9 verification purposes.

    Also for immigration purposes you cannot start working until you have the approval in-hand.





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  • singhsa3
    11-15 10:01 AM
    We are in agony and pain. Let us scream so loud that even deafs may lend their ears.





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  • Green.Tech
    08-03 05:13 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.

    What was the reason of denial please?





    manand24
    08-15 12:44 PM
    I thought this will give some hope to you.

    Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.

    Hope yours on the way too...

    Good for you, I am July 2nd filer, no receipts, no checks cashed.





    reddy77
    08-09 08:10 AM
    Even I did the same thing, MY PD was current in July Bulletin, So I applied (Premium processing) for 3 years extension based on approved 140 in Jun 2nd week and got the approval in Jun 3rd week for 3 years ...