Monday, June 20, 2011

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  • matreen
    10-13 04:16 PM
    My case reached USCIS on July, 12th and still waiting; nothing have been received yet...

    I have called my lawyer she is also frustraited and said we have to wait as CIS is making some changes.

    I understand it's really frustrating as people started receiving who filed in August....it seems to me CIS is not following proper channel and everything is messed up.

    Lets hope for the best....

    M





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  • maharshijb
    05-04 12:06 PM
    I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..


    Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?





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  • Milind123
    07-27 12:31 PM
    Instead of starting a new thread. I would appreciate if someone answers a few questions regarding Check details that we send out to USCIS.

    Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.

    Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.





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  • Iamthejuggler
    01-22 04:36 AM
    Any chance of getting a descriptive sentence next to the entries? I don't think people will realise that they can use the mouse to rotate the camera in mine without one unless they luck into it.



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  • krishmunn
    01-04 11:18 AM
    . H4 dependents under certain circumstances are eligible for instate tuition.

    Only in some state. Most states do not allow in-state tuition to H1/H4/L1/L2 holders.





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  • gcformeornot
    02-11 11:38 AM
    applied for H1, was it COS? Did you get new I-94 when your H1 was approved. If yes then you are in H1 status after H1 is approved. Obvisously they denied L1B.
    Also if above is true and you are not working for H1 employer then you are probably out of status......



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  • reverendflash
    10-21 02:18 AM
    real quick...

    Grateful Dead... :sleep: :sleep: :sleep:

    another thread maybe...:cool:

    Rev:elderly:





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  • gc_chahiye
    08-22 02:27 PM
    Friends Need Advise Please!

    My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
    My questions here is,
    1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
    2) Would a new I-94 jeopardize my 485.
    3) Is there any relation between H1B extension and 485 receipting.

    Any answers would be greatly appreciated.

    there are no issues: your H1 and 485 are independent (until the 485 is approved, at which point your H1 is invalid). Until then, even if you have filed your 485, whether you have receipts or not you can keep filing extensions and getting new I-94s. You can also transfer your H1 around (better to do after 180 days and invoke AC21) whether you have a 485 receipt or not.

    dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.



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  • saiimmi
    02-16 11:01 PM
    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.





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  • chanduv23
    05-13 12:44 PM
    Online case status and infopass are useful for things like address change, namecheck status, finger printing issues , and other issues being dealt where no processing or less processing is required like GC not received, approval not received , letters lost etc...

    When it comes to such complicated issues, you have to get real help.

    Basically - you have to somehow cut through beurocracy and get your issues resolved.

    Good luck, I am sure, things will get under control soon.



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  • vbkris77
    04-13 11:06 PM
    Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4


    (b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-


    (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;


    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.





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  • ftbakhru
    06-18 03:30 PM
    Yes you can pick the passport at end of day manually



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  • X-Wing
    05-16 11:28 AM
    Bindas,

    I believe one can send all applications in one packet, but be sure to include separate copies of supporting documents for each application with each sub-packet (per app). If paying by check, send separate checks (although I seem to recall you saying you'd paid by credit card).

    Keep us posted on your renewal experience!

    Thanks,





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  • newbee7
    07-05 01:00 AM
    Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS’ data. Through these discussions, the Ombudsman learned that accounting and processing methods differ at the Nebraska and Texas Service Centers (where USCIS processes employment-based petitions).



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  • chanduv23
    05-04 04:49 PM
    Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif

    I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.

    We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.

    Depends on what is in the denial letter. Usually such things need an experienced Attorney to handle MTR.

    MTR has few choices and Attorneys pick the choice based what they want to do to open up ur case. Remember, if u check the wrong box, your MTR may go to appeals office.

    The first step however is to get the denial letter in hand, and then talk to an experienced Attorney to handle ur case.





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  • nave_kum
    07-19 09:26 PM
    [QUOTE=srsrsr]Hello everyone!

    I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!

    Thanks,
    Raj[/QUOTE

    If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.



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  • MeraNaamJoker
    09-15 01:30 PM
    First thank GOD for pulling you out of this mess.
    Instead of blowing the money in strip bar or any place like that, send it to India and ask them feed any orphans. You will be blessed more......





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  • rampabbaraju
    02-09 07:47 PM
    When I was entering into US with a passport valid for next 9 months, I showed my new H1B(I797) document to the immigration officer in the airport. I got I-94 based on the date in my H1B document not by the passport expiration date.

    I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.

    I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.





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  • paskal
    03-15 12:28 AM
    In 1996 I joined a residency on J-1
    1999-2001 i did a fellowship
    2001-2003 another fellowship- needed special permission from ECFMG

    2003 started a waiver job and I'm still in the same job in my 4th year.
    Good job in a very nice metropolitan area.

    Home residency requirement is 2 years
    The new Conrad law is certainly better and should make things somewhat easier.





    askreddy
    08-16 05:03 PM
    Hi

    What is your Received and Notice dates for 485.Just checking is this related topre adjuducation process.

    Thanks





    immi_enthu
    08-28 10:14 AM
    what do u mean by approved labor not signed??

    Labour approval is approved by DOL .
    It needs to be attached to 140 application.
    140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
    485 is to signed by you or by attrnoney in case a G 28 is signed by you

    That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.

    please see the above quote by kaiserose



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