Sunday, June 12, 2011

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  • nk2006
    07-05 11:59 AM
    Its a very good point. Immigration related issues are highly political and rouse emotions on either side. Our opponents used those same emotions to get their desirable results - in the form failure to any immigration related bill. Now I think we have a good opportunity to use this fiasco to our benefit.

    The lawsuit - whatever its outcome maybe can run its own course. AILF is taking care of that. We as 485 filers and potential filers can simultaneously work on educating lawmakers. To the immigrant friendly lawmakers we can magnify the arrogance of DOS/USCIS in disregarding thousands of immigrants aspirations and revising a bulleting literally at the last "second". We can also project the miscommunication/clashes between the two orgnizations (without that element its impossilbe they would come to the conclusion in mid-june that there will be plenty of visas unavailable to make every one current; and suddenly after two weeks realize that there are none to anyone).

    We can even reach out to extreme right (like sof Tancredo) and expose how
    USCIS approved cases in haste at last minute just to avoid the rush from July 2nd. Who knows how many cases they approved are not supposed to be approved in the normal circumstances.

    Is IV taking advice from lobbists on this matter or they just deal with senate/house bills.





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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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  • another_wei
    05-05 06:07 PM
    Yes, I called many many lawyers I think found one said he seen this forgot OPT before.
    He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
    10 years I been here still no nothing very sad.





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  • sripk
    07-18 08:52 PM
    Below is a draft statement i prepared and appreciate if you can review it and suggest any changes reqd if this is not convincing.

    I travelled to Tijuana, Mexico from San Diego. I entered the US Port of Entry at San Ysidro. My previous I-94 white entry card had been taken and I requested a new I-94 but since I already had a valid I-94 on my H-1B approval notice, the office would not issue a new I-94 white entry card.
    I have a copy of my previous I-94 entry card from <prev_entry_date>


    Few questions that may arise based on above statement:
    1. Why was your I94 from H1B notice still with you and not submiited at POE when you left the country?
    -Since i travelled by land the US POE is in Tijuana and so i submitted my expired I94 to them and also the valid I94 from H1B notice and asked for new white I94 card. Unfortunately the officer just stapled the valid H1B I94 to passport and told i am good to go. There is no stamp on it either and hence i am concerned.

    Any other possible questions you can think of that needs to be addressed in my statement?



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  • lazycis
    04-16 10:00 AM
    When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.

    Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.





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  • LookingForGC
    12-16 12:18 PM
    As long as your employer didnt revoke your H1, and you are in same employer from the beginning, you are fine to re-renter to US.

    Friend of mine had the same experience, and he entered with no issue in 2005. Not sure if anything changed after that.



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  • gettinthere
    01-08 10:50 AM
    Hi

    I have copies of my Labor certification and I-140 approval notices

    If I change job under AC21 portability, do I need to have originals to be on the safer side, or copies are equally fine?

    Thanks





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  • mpsamant
    07-24 06:32 PM
    Dear IV:
    As per the USCIS FAQ memo there is some confusion on Q.12:

    Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
    A12. 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. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.

    Case:
    Category EB-2 (NIW) or EB-1 (OR) from California

    1) Will apply for I-140 electronically before July 31, 2007?
    DO we have option to choose Texas or Nebraska in e-filling

    2) DO we need to send I-485, EAD, Travel documents before August 17 or is it before July 31?

    3) Is this statement correct ? Supporting documents can be mailed within 30 or 35 days after e-filling. It can be sent as a different packet (i.e. need not be sent along with I-485, EAD, and travel document)

    Thanks for the help,
    regards
    Manoj



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  • lost
    01-27 02:01 PM
    congratulations!





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  • GCOP
    04-01 03:32 PM
    I would be appreciated, if people returning at NJ Airports can post their experiences of Successful re-entry . That would definitely be helpful to all other people, who will have to travel, in case of Emergency.



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  • sanjay
    04-07 10:20 AM
    Is this something common?. I did not get any emails after that. Following is the relevant part of the email....

    "Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."

    What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.

    Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.





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  • regacct
    10-20 09:51 AM
    I would donate 500$ if I get the GC before 2012. If not I would reduce it by 50$ a year there after.

    I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.

    Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.



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  • bajjuri77
    03-27 11:35 AM
    When you get the statement from an India bank, ask them to include the USD amount as of that date. That way you have both USD and INR amount in the statement.





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  • dealsnet
    04-19 02:36 PM
    H1B and Employment based GC is for people in speciality fields and for the shortage of US workers for the jobs.
    It is not possible for any jobs on commission basis. PERIOD.
    You can work on OPT.

    Hello,

    I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
    in which class real estate agent falls into, EB1, EB2, EB3 or EB4???

    Thank You for your time.



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  • tb2904
    03-26 04:05 PM
    Who are the guys making more than 250K? Why are they stuck in retrogression?

    I am assuming that if you are salaried employee and making more than 250K, you should be at executive level qualified for EB1 visa - which is current for all countries.





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  • indianabacklog
    06-25 11:35 AM
    Had to pay all fees myself. Filed myself so no lawyer fees.



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  • priderock
    05-15 02:13 PM
    Thank you, priderock!!!
    You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.

    But you need a valid visa stamp to re-enter.
    1) What is the validity of your current visa stamp ?
    2) When you applied for visa extension , what is going to be the validity of that visa ?





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  • martinvisalaw
    09-10 12:13 PM
    As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen. The lawyers on this forum can advise you better.

    OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.

    OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.





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  • coopheal
    12-28 07:34 AM
    Currently EB3 is on May 01
    What are the chances of EB3 also getting stuck around Jan 03.
    Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??





    jungalee43
    10-06 04:11 PM
    Ombudsman helps in certain limited circumstances, particularly when an adverse decision by USCIS puts you in emergency situation. Following link should help determine when to contact them:-

    DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)





    somegchuh
    11-13 05:38 PM
    So just to have the last word you somehow went in deleted all the following posts after your post? Good going!



    Some people are really highly sprung and get mad very quickly!
    If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
    Saying that, you are right: attorneys do screw up. It happened to me...
    But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.



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