Wednesday, June 15, 2011

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  • rssm10
    06-01 02:37 PM
    I have got the I-485 denial notice. I am the primary applicant and my wife is dependent application. The denial notice was based on an RFE which was not responded (Basically neither my lawyer nor ourselves received the RFE notice, we directly
    received the denial notice). Before we got the 485 denial notice, our status are as follows:
    Myself : WOrking on H1 B (Primary Applicant)
    Wife : Working on EAD.

    Attorney sent the necessary paper work to USCIS 2 weeks back.2 weeks passed away and there is no update from USCIS. The status online still says that the I485 is denied.

    1)Can my wife continue to work on EAD ?
    2)What is the status of the EAD now ?
    3)Should we have to wait for the case to be reopened before she can join work on EAD ?





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  • traveldoc
    09-11 09:46 AM
    Dosen't matter if you are on H1 or EAD documents to be sent for AP are same. Here is my list. Pls also check other posts to get a second opinion.

    - A letter requesting AP explaining why you want to travel.
    - $305 check
    - Copy of I-140 approval
    - Copy of I-485 receipt notice
    - Copy of EAD
    - 2 photos
    - Any previous H1 approvals if applicable (dosen't hurt to include)





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  • pyrosleepy
    11-09 10:12 AM
    My 6 year on H1-B status had expired on Nov 8. I-129 for extension based on approved I-140 was filed and delivered to USCIS on Nov 1 as per Fedex. However, USCIS has not cashed my employers check or my money order for the H-4 extension. I called them and they don't have any information. They told me to wait for another week. I am very worried that what will happen if the Fedex package has somewhat got lost. What will happen to my and spouse's status and my 3 year extension. My own lawyer seems to be a little perplexed on this matter, not sure of himself.

    Anyone, please give me some guidance on this.
    Thanks very much in advance.





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  • vactorboy29
    02-21 11:06 AM
    My son's PIO card and my renewed passport were arrived in less than two weeks time.
    Applications were put in at Chicago consulate on 24 Jan in person. We had received my renewed passport and PIO card in mail on 06 Feb.

    I would give five star feed back to Chicago consulate people.



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  • smartboy75
    12-04 06:41 PM
    Hi Folks

    As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.

    Following are the guidelines for maintaining Permanent residency on the USCIS website:

    Maintaining Permanent Residence
    Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

    You may be found to have abandoned your permanent resident status if you:



    Move to another country intending to live there permanently.
    Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    Fail to file income tax returns while living outside of the US for any period.
    Declare yourself a �nonimmigrant� on your tax returns.


    Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
    The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??

    Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??

    PS: Please no educated guesses ...

    Appreciate your help.





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  • meridiani.planum
    05-20 04:00 PM
    Its the same story everytime, they will use the AgJobs and effectively kill everything. We, a significantly impacted minority, will end up getting screwed because members were more interested in reading the forums instead of educating the lawmakers.

    Recapture does not increase the number of visas, it simply uses the unallocated visas. If they cannot understand this simple argument then what hope do we have. The anti immigrant forces make it sound like the bill will unleash a wave of immigrants.

    yup. same old mess. Try to get ONE thing for EB immigrants, and first the nurses lobby jumps on the bandwagon.. atleast its all still legal immigration at that point. Suddenly agjobs and DREAM also board the train bringing the 'tainted' illegal immigration angle into this picture and soon its a big fat mess that no one wants to touch. sad state of affairs.



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  • valatharv
    07-16 10:54 AM
    Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.
    Thanks for replying...

    I have already renewed my passport in April 2010 and corrected father name ...

    I am worried for USCIS old forms before RFE for 485, my father name shows as <lastName> then <FirstName>.





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  • krishmunn
    02-11 01:59 PM
    USPS has a guaranteed Express Service which is a tie up with Fedex. It is much cheaper then sending through Fedex directly.
    USPS accept the package and then hand over to Fedex. Because of their tie up, they get the advantage of bulk rate form Fedex and pass some of the saving to Customer.
    On a flip side, it takes one additional day then if you hand over to Fedex directly.

    Check usps.com for details.



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  • njboy
    06-08 09:14 PM
    There is a big difference between first class and economy class travel, and preventing a spouse who has already exhibited intent to immigrate from working for a very long time if they dont pay $1000.00 for premium processing of I-130. This is the reason I quoted the examples. Im not saying this from a "commie" point of view that everyone should own a Lada. While it is true that the employers should pay for premium processing, many people end up paying for it themselves, maybe in the form of reduced bonuses, or something else. Imagine what will happen when BCIS is swamped. We, desperate for a resolution for our problems, will end up cajoling our employers to drop a thousand dollars here for I-130 premium processing, another 1000 dollars for H1B premium processing because it already takes 5-6 months during regular processing. All Im saying is, fix the problem instead of finding band-aids.





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  • nfinity
    07-17 11:08 AM
    I have jumped on this a couple times.



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  • roseball
    08-01 10:45 PM
    The online system shows the date the case was entered into the system and it doesnt reflect the actual physical receipt date.....Receipt date box on the I-797 receipt notice will be the actual receipt date....For majority of cases, the online case status date is the actual notice date and/or the date the case was entered into the system....





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  • antihero
    05-21 08:44 PM
    Let's not laugh it off so completely. When was the LUD on your I-485? It will give us some more clue about what exactly is going on behind the iron curtains.


    Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
    The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:

    PS - Sorry for the Title. But I am just quoting him.



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  • bliss_yyu
    07-20 08:16 AM
    no, i think you are exempt from cap. lucky u!





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  • sara_apk
    04-16 07:14 PM
    Hi Sara,

    Could you please post you case details & PD?

    I don't remember all the details of my case.
    Mine is PD: Oct 2002/EB2
    Labor got approved in Mar 2007
    I-140 premium processing and got approved in May 2007
    I-485 got approved on Apr 01, 2008



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  • suman
    12-17 01:38 PM
    Sorry I was away from my computer for a while.

    Thanks for all your help Guys.
    We are talking to Lawyer, Murthy law today.

    It's an employment based.
    This case of I-485 is 2004.
    We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.

    Hope Lawyer comes out with something.

    THank you all
    Great help and moral support from all of you at Immigration VOice.





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  • bsbawa10
    09-04 07:12 AM
    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

    USCIS is really hopeless. Why even ask anybody with AOS pending. Do they not have the data of the people who have applied for AOS ? It is almost like the joke. It is like: "we have lost the AOS cases, please file again"



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  • Adam
    08-26 11:10 AM
    That one looks perfect gundark.

    agreed, very nice :thumb:

    redelite, I like your angry one :) Reminds me of my wife :D





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  • ajju
    08-30 02:06 AM
    RedHat,

    You were out of status for first 8 months.. It may reset once you went out of country and reenter... But still you need to take advice from a very good attorney... And you know it way down in your heart... don't you??





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  • lostinbeta
    10-21 10:18 PM
    Um, I don't know anything about that. I just heard that he left because he wanted to do other stuff.

    Poofiness..... ummm..... airbrush tool :P





    crazyghoda
    02-23 06:36 PM
    Its really bad out there.... take it from someone who was just laid off. It took me around 2 months to get a new job and that too at a lower salary and in a neighboring city where I am now faced with a 2 hour commute each way. So no, its definitely not as rosy as you think.

    That being said, if you are good at what you do you will find a job. It may take a while but if you are truly good then you will be ok. I completely understand the need to maintain salary levels to ensure career progression. That was the main reason I left my original GC sponsoring employer who while being great with everything else, just wasnt a good enough paymaster and that led folks to believe I wasnt really that good when I would mention the work I was doing. In hindsight, I wouldnt have had to scramble like this if I had stuck it out at my old place. But c'est la vie.

    As some folks mentioned, try and get a feel of the market. Attend as many face to face interviews as you can and refine yourself as you go along. And dont accept anything in haste. A good thing is that a lot of recruiters told me that when the market gets better all the folks who were forced to take paycuts will easily be able to justify the lower salaries they were forced into accepting at that time. So, even if you do have to take a paycut, it wont hurt you for long as long as you change jobs when the market gets better.

    Good luck!





    satishku_2000
    05-03 03:41 PM
    I agree with you that it is a random process but the processing date that is shown indicates that all the cases prior to that date have been "served". So, TSC-Oct 14 means, cases received on Oct 14 and later are currently being served. Hope this helps.


    Does this mean USCIS has touched all the application before the date ?



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