Monday, June 13, 2011

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  • wellwishergc
    07-11 12:52 PM
    ^^^^^^^^^




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  • bebar
    05-20 02:03 PM
    Guys

    Is there a similar streamline process for Nebraska Service Center. My case which was pending for nearly two years at TSC just recently got transferred to NSC and my PD will not be current starting next mont. Is there any thing that I can do in the next 10 days or so?

    Thanks!




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  • genscn
    08-08 09:47 AM
    When did you file I-140 at TX? RFE could be for documents about ability to pay.

    Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
    can you guys tell usually what kind of information is requested in EB3 cases.




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  • pcjandyala
    08-09 01:20 AM
    am also in the same boat



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  • bp333
    09-25 01:12 PM
    "july 12 2007" will be the important date. It will be there as an USCIS stamp in the App. You can re-submit this app in Oct 2007 even if there is no visa available for your PD in Oct, 2007. It will be treated as if it was received on "july 12 2007".

    Thanks a lot.




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  • bp333
    09-25 12:32 PM
    My attorney filed my 485 AOS on July 11 and USCIS received it on July 12 (Texas Service Center).

    Per my attorney all of the July applicants received their receipts except mine. I asked her to see if the check has been cashed and she is unable to confirm that. They think that they might have forgot to include a check (nost sure though). If thats the case, assuming my application gets rejected. Will I be able to refile with my PD not being correct.

    What are my options. Please help. Thanks.
    :mad:



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  • gc_mania_03
    08-28 02:32 PM
    Gurus,

    When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.

    Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.

    Or is it OK to send the photographs and mention the Alien A# .

    Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.

    Your help is much appreciated.


    Actually, I posted a similar question on another thread. Can you give me an update on what you did about the photos?




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  • willgetgc2005
    04-25 10:07 AM
    dilbert,

    I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?

    __________________________________________________ _________


    WillGetGC2005 - here is my understanding of your case :-

    You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.

    If the above is correct, you do not need to do PD transfer or start any new labor process either.

    What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.

    The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.

    This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.



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  • getta05
    03-27 04:20 PM
    So what do I do.
    I am looking to buy a SUBWAY franchise outright costing 200 K




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  • sekasi
    08-18 08:55 PM
    In that case, kinda have to make the ya rly counterpart ;)



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  • gcman2005
    10-08 11:04 AM
    Hello,

    I have following situation and need some help on making my travel decision:

    1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.

    2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.

    3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.

    4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.

    5. My pay stubs are still issued with name of Campany A.

    6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us consulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?


    7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?

    8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?

    9. What are the risks in this travel ?




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  • mdipi
    11-17 04:16 PM
    dont close it...i gotta round up 6 votes...



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  • texasguy
    06-15 08:58 AM
    Hi All,

    Will we run into any problems for GC replacement since we do not have a photocopy of our GCs? We have photocopies of the approval notices. We know our alien number and SRC numbers since they are the same as listed when we apply for 485. We are hoping to get our passport stamped after we get our passports.

    We are hoping to show our tax records as additional proof.



    Thanks for all your help.




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  • gbof
    06-03 06:35 PM
    Sorry... I thought he was a genuine person who turned to IV for help. Anyways, I didnt tell him anything illegal.

    For how long AOS primary applicant can be job-less?



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  • Pallavi79
    01-11 11:54 AM
    <Quote>Pick your poison!</Quote>
    Good one.




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  • coopheal
    02-19 05:24 PM
    To people who know about options after returning on AP,

    Please summarize it on the wiki.
    http://immigrationvoice.org/wiki/index.php?title=Return_On_AP&action=edit

    Thanks,
    Coopheal



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  • GC_1000Watt
    01-05 04:40 PM
    Below mentioned points are from the NAFSA Adviser's Manual (2006 release)

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.



    Please let me now if these points are in place currently.
    And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
    I will appreciate your thoughts on this.




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  • raysaikat
    07-25 10:34 AM
    Hi,

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?

    Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).

    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?

    Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).



    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?

    That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.



    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?

    She cannot work while she is in H-4. There is no such thing as "2-month gap"!



    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.

    Thanks,

    A. Singh

    No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.




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  • va_dude
    10-19 12:25 PM
    You better get a second opinion before taking any such meds.




    sheela
    10-04 02:45 PM
    Receipt date Jul 2

    Transferred from NSC>CSC

    Receipt Notice Aug 23

    Got EAD/AP

    485 Transferred from CSC>NSC

    Waiting for FP notice

    This transfer is delaying fp. We had fp done on 9/19 but my daughter's 485 filed at NSC was transferred to CSC ( i got r n with wac....) saw 2-luds last one on 10/3 said your case transferred from CSC to TSC. Now hopefully fp will be generated from TSC. Hopefully in next week or so. What a mess NSC>CSC>TSC




    stones
    06-30 07:25 PM
    Why has the second H-1 petition been pending so long? Was there an RFE? What does the USCIS on line system show?

    What does RFE means? It shows they sent it to another processing center for processing.



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