Thursday, June 9, 2011

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  • ras
    02-20 11:00 AM
    I filed I 140 and I485 and 180 days completed. I got an RFE on I 140 for Ability to Pay.

    I have another I140 already approved with earlier PD.

    Can I interfile when there is an RFE on I 140?




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  • samuel5028
    04-05 05:35 AM
    If its illegal, then you have to consult an attrony.




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  • eb3India
    03-09 09:03 PM
    I simply don't get it, first everyone blamed 245i cases and April 2001 deadline, we now passed this stage, I really don't see that many people from India are waiting for GC with PD 2001, so who are consuming these visas, there are only few guys from this year, most of my friends how applied during this year got their greencards

    it just does'nt make sense, yes ofcourse reforms is dire necessity




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  • sunny1000
    01-02 04:59 PM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

    Pria

    Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.

    In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.

    CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).

    Below is the link for Advance Parole:

    USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)



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  • gcpain
    03-29 08:22 AM
    I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.

    Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
    It is more complicated/different and there are forums which knows the issues clearly and are adressing them

    We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.

    DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.




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  • sujan_vatrapu
    10-27 11:28 AM
    Legal immigration problem cannot be solved by these channels. FOX channel is extreme right when it comes to the matter and interests of one of the party Republican party and they are biased for Tea scum bag party. But when it comes to other countries right issue they become middle men and the saviours of democracy. Please see below how they address India's own Nationalist and valid issues.

    Tensions Rise Between Hindu Radicals, Urbanites in Mumbai - FoxNews.com (http://www.foxnews.com/world/2010/10/26/tension-rises-hindu-radicals-urbanites-mumbai/)
    any media in any country for that matter is biased, and mostly controlled by ruling party and their business interest. Never ever believe their analysis and take decisions.

    shiv sena is an extreme outfit and their actions should be condemned, its not a right or left issue,



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  • GreenCard4US
    07-16 07:14 PM
    I don't know where there is thread regarding this but this quite a serious matter, we should up the ante. They are sending millions of faxes to all Senators with this false information and guess who the Senators will believe. Can we sen counter faxes but will get lost in their faxes, maybe need to call them. Lets not forget this issue while waiting for the bulletin.




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  • cris
    08-30 10:00 AM
    for gg_ny

    this is extension of H1B based of aproved I140 .

    if i understood correctly the application for H1 extension will became null and void if i travel outside of US .

    this is very interesting. I was not aware about this .

    Anyway, thank you for your valuable input



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  • dummgelauft
    02-01 12:56 PM
    Unless you are sitting on a pile of cash, this is really a no brainer....

    Like others have suggested :
    (1) Give it to me, i will invest it for you..;-)
    (2) Depends upon your familial situation and resources you have, both here and in your home country.
    (3) If you plan to go back to India ( i am guessing yo are Indian..)

    This really is a personal choice that you have to make, with your spouse. By posting such question on open public forums, you have just opened the floodgates to getting made fun of and ridiculed...believe me, it is very tempting...




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  • eager_immi
    04-05 08:15 AM
    if it is urgent shouldn't you consult a lawyer?



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  • rameshk75
    04-07 10:20 AM
    Ron's answer for "Leavng petitioning employer after the I485 approval?"

    http://immigration-information.com/forums/showthread.php?t=4764




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  • eagerr2i
    10-31 03:50 PM
    The idea here is to for the individual to hold the miles ( atleast the minimum required) to get a free ticket and the individual book the ticket for some one who would use it. Transferring of miles from one account to another has a lot of overhead attached to it and is not cost effective.

    I have complied a list of people who pledged and will contact them when we will need the miles for travel/ticketing.



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  • ttdam
    10-02 04:08 PM
    Hi gchopeful

    Sorry to hear about denial
    Was your case @ NSC/TSC ? EB2 or EB3 ?

    Mine is A2P RFE as well from TSC !

    Thank you




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  • shaikhshehzadali
    12-28 09:14 AM
    I can see it in my browser. Good news for NSC as most of the dates moved significantly. Expecting to get news on my I-140 by May 2008 or earlier.

    Which world are u? These dates are there online for more than 2 weeks now.



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  • krustycat
    03-11 09:12 AM
    Anyone Know How To Start New Thread?
    Use New Thread button
    http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
    But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.


    How does USCIS know about salary ?
    They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.

    485 non-concurrent check list:

    1. copy of all of the pages of the Passport (valid for 6 months or longer);
    2. Copy of recent I-94, Arrival/Departure Record, front and back side;
    3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
    4. Copy of I-20 (s), student visa, if applicable;
    5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
    6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
    7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    9. Medical Examination including immunizations in a sealed envelope;
    10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
    11. Marriage Certificate (original language and translated if language is different than english), if applicable;
    12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
    13. Photographs (4) from each applicant

    IRS also send the w2 information to USCIS? No.

    whats the criteria of judging the salary? Is it w-2 or pay stub ?
    Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
    The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.




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  • aps
    01-07 10:09 AM
    can you please explain little more? what is meant by after invoking, is it AC21?

    If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
    thanks in advance.



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  • qualified_trash
    08-30 11:38 AM
    yes there is. CALL YOUR LAWYER




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  • dollar500
    08-02 11:27 PM
    The American Competitiveness in the Twenty-First Century Act (Title I of Pub. L. 106 - 313 enacted on October 17, 2000) contained several provisions intended to increase the availability of Employment-based numbers. Pub. L. 106-313 recaptured those Employment-based numbers that were available but not used in Fiscal Years 1999 and 2000, creating a �pool� of 130,107 numbers which could be allocated to applicants in the Employment First, Second, and Third preference categories once the annual Employment-based numerical limit has been reached. Approximately 101,000 of these �pool� numbers remain available for use during FY-1005. Pub. L. 106-313 also removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.

    Changes in CIS processing procedures during the past two years created a significant backlog of cases and a consequent reduction in demand for numbers.
    During the time that the Employment-based categories have remained �Current� many tens of thousands of applicants have become eligible to file for adjustment of status. Last summer, CIS notified Congress of its intent to eliminate its current backlogs by the end of FY-2006. As a result of the CIS backlog reduction effort, we are now experiencing very heavy visa demand as CIS has begun to process cases to conclusion. Section 201(a)(2) of the Immigration and Nationality Act states that not more than 27 percent of the Employment-based annual limit may be used in each of the first three quarters of a fiscal year. Based on the current rate of demand, the 27 percent level for the first quarter of FY-2005 will be exceeded by the end of December.

    It has therefore become necessary to impose an Employment-based Third preference cut-off date for January in order to limit number use during the second quarter. Many of the cases have priority dates that are several years old, and the cut-off date represents the first priority date that cannot be accommodated for final processing. The cut-off date will apply only to the following chargeability areas: China-mainland born, India, and Philippines. Cut-off date movement during the remainder of FY-2005 depends on the extent of future visa demand. No specific predictions are possible at this time.




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  • naturopathicpt
    06-26 05:32 PM
    I appreciate your reply but I cannot understand what you mean on your first response Atty. Prashanthi. Some of my questions on my first statement have not been answered.




    vxb2004
    11-26 11:32 AM
    This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.


    Good Luck

    HTH

    kris



    Kris,

    Thank you very much. Appreciate your input.




    atul555
    09-01 03:27 AM
    ..when making the decision to settle down in US along-with the endless wait. Somethings you lose (or gain) by immigrating are intangible and unquantifiable.
    BTW, Mr Singh and Mr Purewals kids are harami no. 1..



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