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  • gc_chahiye
    07-22 11:47 AM
    Generally just filing an H1 extension is orthogonal to filng I-485. However in your case it looks like your I-94 has expired, so to prove your status your lawyer needs to include a copy of your H1 extension receipt





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  • ItIsNotFunny
    04-04 09:29 AM
    DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.

    DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.


    Ha ha ha.





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  • gceb3holder
    02-27 06:32 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.





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  • vin13
    01-15 12:42 PM
    We had an emergency and got our AP approved and collected it at the USCIS office. We left US the very next day. We had no issues returning back. So i think you should be OK.

    Lets assume that USCIS mailed it the same day and you got it in a couple of days. :rolleyes:

    I personally think you should be OK based on your approval dates.



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  • santosh_3000
    07-18 12:11 PM
    Hi,
    I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..

    Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.

    I need your valuable suggestions to make my decision, my questions are:

    1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???


    2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?

    3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???

    5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?

    Many Thanks in Advance!!





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  • 485Question
    09-17 04:02 PM
    :)



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  • anilsal
    12-10 12:46 PM
    Ok, people in Minnesota. Do attend the first concall for IL State Chapter - there may be an update from IV core.
    http://immigrationvoice.org/forum/showthread.php?t=2520





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  • eb3_nepa
    05-28 12:25 AM
    Hi Guys,

    For those who applied for the EAD and it has already arrived (or those who have done the ead renewal b4), when does the new EAD/AP start from?

    Say my EAD is expiring on Oct 1 and I apply on June 1 (lets assume every month is exactly 30 days for calculation convenience). Now say my EAD arrives on say Sep 1, then does it start from Sep 1 or does it start on the original Oct 1? I guess my question is, do we lose a few weeks each time we renew the EAD/AP?



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  • Dhundhun
    06-21 03:49 PM
    I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).

    I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.

    I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008

    Thanks

    For I-485 Applicant, it is not of much significance.
    At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.

    So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.

    Please post your experience afterwards.





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  • amitjoey
    07-20 01:43 PM
    We're in a unique situation. My wife and I married in India and didn't register our marriage; we're now citizens of country X. To get our marriage (and birth) certificate, we went to the local Indian consulate, which provides these services. But we were told that, since we're no longer Indian citizens, we should go to X's consulate. Is there a way we can get the certificates? How about registering our marriage in the US?

    For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through . Is there a quicker solution?

    Just register your marriage here in the USA.



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  • gcseeker2002
    08-27 04:56 PM
    I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I'm the primary applicant and in EB3 category. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

    this is very important.
    Sad to see this friend. I dont think it affects principal candidate's processing but dependant's processing may be in trouble.





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  • nefrateedi
    08-09 11:46 AM
    Have you put a last date for cashing, on your check?? I just want to know how to do it?
    Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
    Thanks for your wisdom and help to the IV community.

    I believe August 17th was mentioned in his/her post because that is the last day USCIS will accept employment based applications as per the revised July visa bulletin. It does not have anything to do with a date on the check.



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  • ruchigup
    10-02 02:08 PM
    If the attorney submitted G-28 for that particular petition (which got the RFE), then only the attorney gets the RFE. But I believe any one can respond to the RFE (yourself or another attorney) along with a new G-28 to change the representation.

    DISCLAIMER: I am not an Attorney and this is not a legal advice.
    Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?

    I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21

    Please guide.





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  • eb3retro
    09-11 11:48 PM
    Folks,

    We need to understand that we have chosen a tough but worthy effort in the form of this forum. As such it may be depressing to see the slow movement in DC.

    We should not be setting ourselves some timelines like the ones stated in this email thread, and then feel depressed about seeing no positive results within that timeline...there are too many factors outside our control to do anything like that...

    I think we are better off than we where we were last year, when the awareness was nil, and that backlog legislation only favored the RNs and the PTs, while we saw ourselves powerless...

    Lets help the core team..and not get depressed over short timelines...I see light at the end of our efforts...may not be phenomenal..but I am sure it will make a difference...for each of us...

    gc_mania_03

    well said gcmania, I like your attitude.



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  • tselva
    07-05 08:15 PM
    I have just thought of something (don't know that anyone discussed this in our forum), what if USCIS do not reject the cases filed for July and keep the packages back for few months or years, just saying...

    a) Need to record each application that they have received
    b) Need to make sure that there are no concurrent I-140 filings
    c) Need to differentiate the packages received in June and July
    d) Etc
    e) Etc

    What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?

    What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....

    What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?

    Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?





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  • chanduv23
    07-06 08:16 AM
    These can be done through state chapters. In tri state chapter, we have always been having meet and greets. A lot of pics have been uploaded to http://immigrationvoice.blogspot.com

    During the first few months of IV - when there was a meeting, we had around 3 to 5 people, but in a recent IV meeting in New Jersey we had around 60 people.

    Anyone can take an initiative and do this.

    Conference calls, meet and greet, publicity campaigns etc... can all be done effectively via state chapters



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  • go_guy123
    05-31 05:39 PM
    If I remember my Uncle's word correctly, it was Ted Kennedy who was instrumental in relaxing (changing) the rules for future immigrants in 60 or 70's. Only then, we saw a huge increase in immigrants from India especially doctor's and engineers in 60's & 70's.

    Yes you are correct. Before 1965, there were immigration quotas based on the population mix of the existing US. Therefore western European countries like Germany, UK, Ireland etc
    had higher immigration quota compared to say eastern Europe, Asia, Latin America etc.

    So that 1965 in some way equalized the quotas. In order to the satisfy the "anti"s in those times they kept the 7% rule and hence the speech referred above by Ted Kennedy. So late 60s onwards people from India (including my Uncle) started coming to US.


    In fact in the past there have been periods of very restricted immigration to US
    http://www.lotsofessays.com/viewpaper/1690197.html


    By the way here is the case...
    http://en.wikipedia.org/wiki/United_States_v._Wong_Kim_Ark
    where the 14th amendment (birthright citizenship) for children of illegal alien parent was tested in US supreme court.
    Therefore all these rules that you see tabled in congress to deny citizenship to some US born children are pure media publicity stunts.





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  • psvk
    08-07 11:58 AM
    Thanks for the laugh though





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  • abhi_jais
    12-03 11:35 PM
    I don't think consulate ask details of all employees if size is 5k or more. Further more you can tell officer that it is impossible to get wage details of all employee. I hear some time some desi companies gives w2 of all employees etc.. would consular officer show his/her w2 ? but since our desi companies feeding what they need , they ask what ever...

    In this case they did ask for the details of all the employees of the company, probably they want to make sure that the employer has hired some US citizens as well. The company size is about 500-1000 employees. Since they have asked for the employee detail the employer has to provide that information otherwise the employee would not be able to get the visa stamped.

    Let's see hoping for the best.





    Leo07
    10-07 01:21 PM
    I was wondering about the second part of the question/answer. Thanks rockstart!





    abhi_jais
    12-03 02:59 PM
    A friend of mine has got 221G from the New Delhi consulate. He works directly for the company there is no client involved here. The consulate has requested the details of every single employee of the company along with their immigration status. My friend is trying to get that information from the employer.

    Any suggestion at this point????



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