Tuesday, June 14, 2011

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  • tnite
    06-18 12:10 PM
    thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status

    But the problem is that you have to send in a copy of your H1B visa for I485.
    The visa will mention the fact that it was issued in May 2007

    USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
    That means that you were at a US port of entry recently.

    I think putting your canadian date is the best option.(My opinion)
    You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007





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  • Laasya05
    01-22 05:10 PM
    No you don't need to be on payroll before filing the PERM. That is what I did. GC can be applied for future employment.

    so can we file LC perm with an employer while on H4 and move to H1 little bit later?

    ----------------------------
    Contribute $320
    signed up for monthly contribution $20

    PD:-August 2003 (EB3)
    LC approved
    I-140 approved
    I-485 did not file

    Spouse on H4.





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  • digital2k
    08-06 12:35 PM
    *





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  • Bpositive
    02-22 05:17 PM
    Talk to a good lawyer...you should be able to sort it out..Congrats on getting into the Phd program at MIT. No mean task...



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  • tinkugadu
    07-04 10:06 PM
    If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.

    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.





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  • yabadaba
    11-19 05:08 PM
    Looks like this is the system that USCIS has been saying they are working on to identify pending cases.

    Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?
    maybe u should write to the ombudsman and let them know that its not fair for people who dont have aila attorneys.



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  • naidu
    04-04 12:43 PM
    Looks like some got email whose PD is after Feb 2008. Good for people like me.





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  • samswas
    05-05 09:09 AM
    Thank you Krishna!



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  • smiledentist
    10-26 11:33 AM
    keeping this question alive, please advice





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  • kriskris
    08-22 03:12 PM
    Let me try this at Dallas DMV. Any Gurus to help me about my other questions?



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  • GooblyWoobly
    08-08 04:23 PM
    http://www.uscis.gov/files/pressrelease/FAQ3.pdf

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
    Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
    A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
    Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
    A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
    1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
    Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
    A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
    Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
    A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
    Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
    A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
    TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.





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  • apb
    09-11 02:47 PM
    I also know one more with PD dec/03 and waiting



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  • tammman
    10-09 03:08 AM
    So does CA....





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  • vicsthedude
    04-28 09:15 AM
    I travelled back from India on 04/26/09 via Detroit. All I was carrying was PP, AP and EAD.

    There were absolutely no issues, wasn't asked a single question on entry.... looks like all
    the stories of trouble at POE are baseless.



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  • diptam
    02-18 02:38 PM
    Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :

    a) Timesheet signed.
    b) benefits confirmation ,
    c) email correspondence to indirectly prove that you were working in H1 status and getting paid

    Hope this helps


    Is paystub needed When a person is on H1B and is out of project when AOS on 485.





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  • new2perm
    05-28 03:28 PM
    Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.



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  • fromnaija
    01-13 10:58 AM
    Are you jocking Chandrakanth ? ;);););):eek::eek::cool::cool:

    Apart from the 'parsing email and assigning case to officer' it is true. Also it is for Texas Service Center only. I have the AILA document that shows how to do this. It is AILA InfoNet Doc No. 08103067. Ask your lawyers of that!





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  • newlife2
    09-19 10:15 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.





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  • kirupa
    01-24 04:07 PM
    Added those notes sage and iamthejuggler :)





    wandmaker
    12-09 12:53 PM
    We all know what IV did for us during July bulletin fiasco. If not IV, we all will still be watching visa bulletins. At this juncture, we are talking about EAD and AP renewals. Contribute, and raise the bar.





    kumar1305
    01-22 07:27 PM
    I hate the word Donate but somehow I donated blood which will be sent to Haiti. I did some in monies. Life is life no matter who it is.



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