Sunday, June 12, 2011

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  • kabeer_g
    08-10 12:05 PM
    Hello,

    My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.

    I really really appreciate a response.




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  • I_need_GC
    10-14 08:57 AM
    Renew you AP before Feb 25, 2009. You are usually paroled upto an year from the date of entry.

    Yes you can file for AP your self, its as easy as filling out the form.

    The stamps having nothing to do with the renewal.

    My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?

    When should i have to renew my AP?

    How long does it going to take?

    Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?

    When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?

    Your answer is always appreciated

    Thanks Ahead



    EB3...ROW
    PD May 2006




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  • rsayed
    04-30 03:09 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

    ...Now, THAT was quite a scare! Thx. for the clarification.




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  • visaspirant
    10-22 06:04 PM
    Thanks a ton Elaine! Your help is very much appreciated.



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  • akhilmahajan
    06-22 08:24 AM
    I-485 can be rejected if filed with incomplete initial evidence.

    Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.

    It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

    Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.

    I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............




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  • EkAurAaya
    07-10 09:55 PM
    flush this theory of mine... may be it was just a flook that 9 cases followed a pattern (and i thought i just decoded it LOL)... but this just confirms that applications dont reach Service centers they actually reach a black hole :D



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  • bitzbytz
    07-13 02:17 PM
    wooah...i got the problem solved.
    The problem we had was, we got the pay from jan to may but the employer gave all the pay just for pay period May instead of individual months.

    NY ways, i consulted a attorney and he suggested few things....




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  • julsun
    01-03 11:57 AM
    YOU: If thats a valid visa until 2009 you can travel without AP. Else, you can travel but will need H1 stamped.

    YOUR WIFE: If she needs H4 stamped, she can get that done and re-enter.
    If your travels are not urgent you could wait for AP and save couple hundred bucks!

    But dont you need to wait for AP approval to travel if you are in AdjustmentOfStatus Phase?

    Thanks



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  • shantanup
    06-25 09:43 AM
    On a lighter note, you may not even want to prove your legal status. After CIR you'll be in a better position to get adjusted, faster and easier!




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  • mayhemt
    02-26 01:19 PM
    Yes, it is called Consular Processing. You can apply using I140; Only Caveat being, visa number should be available (Priority date should be current) when attending the consular interview and the visa is employment/family based immigrant visa (unofficially green card) - not non-immigrant visas like H1/B1/L1.



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  • k94
    11-22 02:46 PM
    I presume that you have a lawyer. They should work with you HR group to get the ads set and sent to the BPC.

    Based on the Federal Register, the only labour certifications that cannot be converted are those that already have a job order initiated through the BPC, as part of the supervised recruitment process.




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  • vontlin
    10-03 06:39 PM
    My student advisor asking me to show the I-94 Parole not expired, i didn't renew my AP last year since i was not going to travel.

    Question is, do we need to travel every year to show the I-94 unexpired to get the FAFSA Loan



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  • akkakarla
    09-06 07:04 PM
    Guys, this is another great reason of why to change your mind and ATTEND THE RALLY! Let's force CNN to put us on their screens and laugh in Lou Dobbs' face! We can at least reply to his lies in a forceful yet peaceful and educated way (something he isn't!)

    One thing I don't understand is how come this guy used the words bastard, communist china(all the time),cheap labor for computer programmers and he is so full of himself. Why does he have problem if US borrows flights from russia to transport vehicle?

    Guess this guy needs serious help and be instutionalized for a very long time.




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  • saint_2010
    07-11 04:44 PM
    Yes I did, but did not get a dual card. It says on the card - "Not Valid For Reentry to US" - my guess its not dual.

    Did you say 2007!? and you haven't rcvd EAD cards till now!. Did you check with USCIS?



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  • kanshul
    02-01 07:46 AM
    Please update your profile.

    Did you file I485 (AOS) application?




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  • lavanyamohan
    03-16 11:08 AM
    Thanks for your info ISUK.

    I had my educational credentials evaluated last year and I missed last years quota in lottery. Can I use that for applying this years H1B or DO I need to get educational credentials evaluated again??

    THE ONLY THING that takes time is evaluation part of educational credentials.


    experts please answer



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  • gcgreen
    07-17 03:59 PM
    165/hr is peanuts man. lawyers are EXPENSIVE. period.

    Isn't $165/hour a steep rate?




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  • morchu
    04-23 01:51 AM
    NO. It shouldn't create an issue. The key is to "have the guarantee of a same or similar position available for you on permanent basis" at the time of RFE. How many jobs you changed before that is not of a concern.

    But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.

    Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.

    The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.

    Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
    then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..




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  • aperregatturv
    10-26 04:00 PM
    Can I fill AP directly instead of going thru the lawyer?

    Thanks




    Robert Kumar
    03-17 05:16 PM
    If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.

    In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.

    I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.




    Cranberry160
    12-02 12:20 PM
    Miamikk,

    I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!


    Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?

    I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?

    Thanks!



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