Sunday, June 12, 2011

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  • bkn96
    11-24 01:20 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

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  • veni001
    06-18 01:53 PM
    Remember I-140 is Employer's not yours, only safety net for PD is I-485 +180 days (AC21 rule).

    I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
    There might be a little problem if the 140 is revoked. But you can certainly try.

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  • arc
    10-25 03:57 PM

    Did anyone go to San Jose ASC at Charcot drive for their Biometrics?

    I would appriciate if you can share your experience, in trems of, what time of the day did you go, was it crowded, how long did you wait, are the kids allowed inside, ease of the bio metrics process, have you been there before your actual appointment date, if yes what time of the day did you go and how soon were you done.

    Also if your LUD changed after the appointment and did you call the FBI number to verify whether the prints were right?


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  • makemygc
    07-26 09:21 AM
    Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

    What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

    Gurus any answers on this is deeply appreciated.

    Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.


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  • nirupama.reddy90
    01-21 05:11 PM
    Your post is confusing. If you got laid off, how come you are on job as yet?

    Have you found a new job? Are you working on new H1 or EAD?

    Please clarify before I can answer wisely.
    Hi All, Thanks for comments and suggestions.
    I am sorry while i was writing my initial post i missed adding NOT,

    "As I am NOT on job at present, I can not produce any client letter at consulate in case if they ask. "

    Let me add more on my scenario, I don't know how correct to use the word "laid off", my contract was ended in DEC-08 with client, but still my H1B holding company is paying me and said that they will support sending me all needed documents for H1B extension Stamping, asked me to take a vacation for a month or so (as any way i am going back to India for extension).

    As "LostInGCProcess" said as long as my company is paying me, Will i have chances to get my extension stamping? or Shall I have to be on the job with Client and have to carry a letter of proof showing which client i work for?

    Sorry for getting u all confused with my first post.
    Thank you

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  • javadeveloper
    11-24 02:03 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.


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  • sandy_anand
    10-09 04:25 PM
    yup, no movement at all! Gotta wait till Jan for some movement. :mad:

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  • bond65
    08-16 12:57 PM
    Don't worry. Most likely your application will be transferred to TSC.


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  • bbenhill
    10-06 05:39 PM
    Hi, I just got the H1 extension receipt, did you gave expired I94 when you travel ?


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  • mdipi
    11-18 03:18 PM
    the 15, j/k.


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  • smaram1
    08-12 04:19 PM

    Posted by willcrack (74) 1 hour 51 minutes ago guys, strictly speaking the memo does not say anything about "conditional" legal speak. Just that they could revoke it if the person is considered inadmissable after the Name Check results come back. "Conditional GC" per se has the support of the actual statute only for Married to citizen, EB5 investment GC's etc.

    And now for those who feel that USCIS is not approving cases whose NC's are pending, I know 2 of my friends and I whose NC's were pending when the file was with the officer (and approved in a week) and in my case NC was pending even at 6:30pm eastern (when I called the second level IIO at the NCSC) the day before I got the CPO e-mail (next day at 9am).

    I have also seen several cases where people have called/went to Infopass after they got the GC to find out whether the NC was cleared....and it was pending !

    so this should throw away all apprehensions about the 180+ rule not being implemented out of the window...

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  • redgreen
    04-23 07:35 PM
    You can and for that matter anybody can ask any question and hopefully anybody can answer as well! However if anybody can be of any help, that person should know the problem at least partially. Your query was so incomplete so that anybody can give any helpful answer or make any useful remark, other than saying please calm yourslef, wait for the RFE and we will help you take care of it!!.
    (However if you just wanted to get the number of people who came across a situation where their 3 year old got an RFE (?) after their GC got approved, you question is making sense but for most normal people this is too little information to help you, in any way!)

    Who said anything about a 10 year old boy? Correct me if im wrong but this is a public forum and I can ask whatever question I want to ask. Its up to you if you want to answer it. All i asked was if anyone had come across this situation, if you haven't and you don't have a constructive opinion id rather you kept your snide remarks to yourself.


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  • forever
    07-23 04:08 PM
    There was no mention of travellers going out of the country without receipt notice.

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  • gc_on_demand
    03-19 11:52 AM
    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.

    if you want help update profile first


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  • gimme Green!!
    07-25 05:13 PM
    I donate blood with the American Red Cross once every 2 months.
    The limit that you cannot donate if you visit India is 1 year, per them due to India being infested by (clearing my throat) 'MALARIA'.
    You are Ok if you just visitied the Himalayas and got back, though. The virus or whatever that causes it cannot live on high altitudes.

    this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.

    so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.

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  • vicks_don
    10-17 02:25 PM
    Can we find out the status of namecheck from USCIS or from any FBI website during retrogresssion. I applied 485 an year ago. Can i find out if atleast the name check is cleared even though my PD is not current.


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  • immiindi09
    01-12 05:38 PM
    thank you "div_bell_2003". e-file and paper renewal, does it take the same
    processing time?

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  • keepwalking
    05-14 08:06 AM
    I am sorry for the confusion. My wife is already in US in H-4 status. My question is once I add her to my green card process (on June 1st 2011), how long will it take for her to get her green card.

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  • martinvisalaw
    07-22 06:01 PM
    My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:

    1- Original 485 Receipt Notice
    2- Original AP filing Receipt Notice
    3- Copy of AP approved screen from uscic. gov
    4- Original previous AP
    5- AP was issued by MSC

    Any advice?

    Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.

    05-07 11:21 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.


    i am thinking that this is a liar's post... i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...

    04-18 04:15 PM
    the main grey area for n2b is --

    when he used ac21, if he had done h1 trnasfer and started work after getting h1 receipt, then there is NO qn at all that he is OK. he can work at new plc, his GC keeps going fine.

    but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.

    im not sure but i think u shud be OK.

    - in one of rajiv khannas free conf call. one person had used ead/ac21 and had received "intent to deny 485". he was asking rajiv what shall i do if it gets denied?.
    rajiv said, u can fight ur denial for sure, but immediately ask ur company to tranfer ur h1 based on reason that u have an approved 140. and once u get recept u can continue to work and stay here and fight the denial if it happens.

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