Sunday, June 12, 2011

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  • Dhundhun
    06-26 01:02 PM
    If you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485

    No. FP for EAD is catagory 2, FP for I485 is catagory 3. I have not seen any LUD on I485 for getting FP for EAD.

    As suggested by "mittal_a" it should be due to AC21 or some other routine stuff.




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  • Michael chertoff
    11-21 11:01 AM
    In EAD Renewel
    Q. 14 : Manner of last entry(hib, student etc.)

    If i used my AP to enter US, then what should be the answer. i have H1B status.




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  • pitha
    03-20 03:48 PM
    predicting cir future has become semilar to the "visa bulletin prediction" nobody knows anything about it. For every article which says cir might happen there is an alternative article which points out why cir will not happen. There seems to be universal concensus that if cir is to become a reality it has to be passed by august september time frame after that it is political season and it will be lights out for CIR




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  • songlan
    12-05 08:16 AM
    That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney



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  • a_yaja
    10-12 08:44 PM
    Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.

    please advice ...

    Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.

    Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.




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  • gcnotfiledyet
    02-24 03:37 PM
    I recently heard that during WWII US gave citizenship to soldiers from Phillipines to fight against Japan. Once the war was over it stripped citizenship of those soldiers (250,000 soldiers). US did not even compensate those soldiers with money. These soldiers recently got compensation from stimulus package to the amount of 15k/person for the work they did in 1940s.

    So beware to sign up for this program. Especially with military, they can chose what is confidential/matter of national security etc and not let you go in court, while you are outside fighting in Pakistan.



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  • Anil_s
    07-01 02:19 PM
    Hi Ari,

    Generally the L1 is approved for 3 years.Why it was 1 year in my case?

    Anil




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  • learning01
    05-15 09:38 AM
    Bloomberg story at International Herald Tribune: U.S. firms press Congress to open door to technology workers (Link (http://www.iht.com/articles/2006/05/14/bloomberg/bximmigrate.php))

    Credit goes to Learning01 for initiating contact with Bloomberg and helping us with this

    http://www.bloomberg.com/apps/news?pid=10000103&sid=aZM1MDJr4Bio&refer=us



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  • sankar_203
    09-25 02:40 PM
    In my case, H1B already expired. I have used it for 7 years. Now I am on EAD after 7 years of H1B.

    In that case you are going to file H1-B based on your 140 approval..Since you are in 7th year..you may get 2 years of H1-B.. it would be good back up for your 485..you know these days employers are doing crazy things and USCIS is making mistakes and i have also noticed your PD , may 2007 so we have a long way to go on this ship..




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  • number30
    04-09 01:57 PM
    Here is my situation:

    I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??

    Please advise. Thank you in advance.

    Since you did not transfer your H1 you need an advance parole. You could have entered with old stamping if you had H1 transferred to the new employer. So you need a AP for travelling



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  • gc28262
    09-24 10:51 AM
    FB part of this bill is what makes many democrats to support this bill.

    Anti-immigrants will oppose any kind of immigration ( EB as well as FB)




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  • morchu
    05-12 07:17 PM
    Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.

    Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).

    Obviously you need to show about your strong ties in home country and why you might want to come back.

    But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.

    Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?

    In other words, I can never step back into the US?



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  • narendra_modi
    07-07 01:15 PM
    Why can't your friend post this himself?

    You are such a good friend that you care about his immigration needs. ;)

    Is there any problem with my posting ? He sent me an email with the details, so I thought let me put it here, so I did. Thanks, next time I will tell my friends to become member of this forum, which sucks because of people like you.




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  • pappu
    07-13 02:38 PM
    The Conrad 30 J-1 physician waiver program is good news.

    IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.

    Paskal may have to update the group on the provisions that went into the final amendment.



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  • english_august
    07-09 10:55 PM
    Hardly anyone has volunteered to go to USCIS with nixstor. That's sad. We are getting a megaphone to talk about our problems and yet in the entire DC area with a huge IV membership, we have just one person willing to go to USCIS.

    I am kinda rubbing my eyes in disbelive right now!




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  • saisiv
    07-23 03:54 PM
    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf



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  • gc28262
    03-09 11:51 AM
    Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?

    She could have filed I9 form on the last day or penultimate day of work. Straightforward thing to do is employer giving her a termination letter or her submitting a resignation letter on the last day of employment.




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  • PDOCT05
    10-29 03:08 PM
    [QUOTE=PDOCT05;189726]It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)
    QUOTE]

    Wish you all the best. It is too late to learn that one should not leave everything to the lawyers. Accuracy of info, signatures, etc. need to be thoroughly checked by us, the filers. Lawyer is doing this work for several people, and they want to spend least time on each. We, understanding the impact, are prepared to spend little extra time for checking thoroughly.

    What tactical explanation is he going to give? May be he should say that it was signed but USCIS guy did not see it. Or, ink was bad, and evaporated, etc. "Fogot" will be difficult to make them accept.

    No Idea how is he going deal..I will try my best to avoid...any further issues.




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  • amundres
    01-11 02:28 AM
    My I-485 was filed on Dec 1, 2006. I called USCIS and had info pass and they told me that my name check is not clear. I talked to one lawyer and he is going to charge me 3500 for WOM. He has pretty good success rate. I am reading forum where they say it is better to wait minimum 2 years. Has anyone heared any case where wom is filed after one year and it was successful. My priority date is current.




    pmamp
    02-27 07:29 PM
    I have I-140 filed and waiting for visa numbers to be current my PD is March 05 and Her name is given in I-140.
    Since she will exhaust all her H1B years by end of this sept, he needs to be on either h4 or F1.

    I have long wait for filing I-485, can she be on F1 in the meantime and then convert on H4 right before I could file for AOS?

    Thanks




    humdesi
    12-21 08:30 PM
    If you were born in India, EB-2 or EB-3 doesn't matter.
    Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.

    Good luck!



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