Friday, June 10, 2011

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  • BharatPremi
    12-21 07:59 PM
    Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.

    Thanks for your help...

    Truth:
    ------

    USCIS has decided to keep EB2/3-IN,China,Mexico,Philipines applicants in virtual jail for an average 7 to 10 years. So in reality it does not matter what you choose. Whatever you select you will be at mercy of USCIS. Only one thing you should do, in my opinion, not to become monkey if your real goal is to achieve GC in short span of 4 to 5 years. As you hop trees add more number of years per hop. By the way this is the first month you see EB2 retrogressed.
    EB3 was in hell for last 4 years. So I am seeing at least 2 years for EB3 moving fast. Your category will be in real effect after at least 4 years of your filing and you can not predict what will happen after 4 years. Only one action is in your control and that is not to hop seeing short term gain."Exploitation from employer" OR "Temporarily seeing particular catgory moving fast or slow" are not good reasons for hoping in the path what USCIS has defined. SO if you try to cross that then you will be in this hell for more years. Whatever you select stick to it till the day you get your GC.




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  • p_kumar
    10-26 01:51 PM
    how does AP look like?. is it like EAD or just a piece of paper.thanks:)




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  • martinvisalaw
    07-22 06:01 PM
    Hello,
    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.




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  • vjmjaan
    08-29 12:29 AM
    Guys,

    http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    As per the Direct filing update on 21st June you can file your 485 at any center regardless of your place of employment or residence or 140 approval.

    So dont worry, your case will be appropriately transferred to the correct service center.

    Let us concentrate more on the DC rally.



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  • hoolahoous
    07-14 09:30 PM
    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?




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  • diptam
    04-13 01:15 PM
    Thanks all - I understand an independent status for my wife is the solution. But saying that and working that out in real life is the difference.

    a) When peoples like me who are working here for 9+ yrs is having a hard time finding a new Job on H1 ( not just consulting employer a real employer) because major companies are scared of hiring a new H1 until the dust settles - It will be way difficult for my wife to create a new H1 position.

    b) Regd. F1 it has to be a fulltime course and we have a 2 yr old Kid. Sending him to daycare , finding a Fulltime course for a new F1 and funding both operations by a single Job may be another challenge.

    I was wondering if the respected lawyers here at IV could first show me some direction and i'll follow that.



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  • mbawa2574
    07-17 06:36 PM
    This is supposed to be authentic




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  • shirish
    01-02 12:05 PM
    Thank you very much.

    I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.

    Pls clarify.

    Thanks

    Where did you see $15 only charge only for delivery. I am in a similer situation, passport expirig in oct 2007. Can you point me to the web page?



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  • minimalist
    10-22 04:55 PM
    Admin2 - thank u much for your motivation. I do understand IV is doing great work but if you can shed some light on whats going on behind the scenes, it you really help me decide on many things. One of the thing, my lawyer is recommending is to initiate porting to EB-2 which I understand may take anywhere around 18 mnths if all goes well...
    If they can be shared with everyone, I am sure they would. But, if I were you and have an option to port to EB2, I 'd probably do that.
    If porting going to cost you,you may want to wait till Jan , which is only 3 months away.




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  • questions
    06-09 11:15 AM
    That's a lot of$ for me :)
    Thank you for the advise.



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  • gunabcd
    06-21 02:55 PM
    For my canada GC i calibrated my camera, took pictures of 3 of us with my 3 mega-pixel camera, and printed at walmart on 4x6 then cut 27 X 27mm, and it worked, i have canada GC. just make sure front face, white b/g, enough brightness. i would not risk it for my US GC though.




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  • dcrtrv27
    10-09 01:16 PM
    This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.

    The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.

    This is really frustrating.

    When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
    Dont know what to do just believe her or try to do something else?

    Need help ! any one out there in same situation???



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  • crazyghoda
    10-29 02:54 PM
    There is no TDS for any funds held in NRE savings or CD accounts.




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  • sanju
    11-27 11:36 PM
    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001

    If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.

    If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.



    .



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  • mss007
    05-07 09:14 PM
    I am in same boat.. No LUDs on mine and my wife's I 485 . Filed in July 2007....
    Don't know what happened!!!!!!!!!!!!!!!!:confused:




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  • cr125rider
    04-16 01:59 AM
    LOL, XBOX Stamp, that was mine, LOL! Its okay, you actually helped with one of mine :D



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  • vamsi_poondla
    12-20 08:07 AM
    I called USCIS and created a new service request. Hope they will do it right this time.

    My worry is if this is NOT FP notice, and something else, will it effect my application in anyway since I could not respond in a timely manner due to address change.




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  • uma001
    05-07 10:35 AM
    There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.

    Buddy, You won't get legal notice . Don't worry too much. Company A is just threatening you.




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  • saps
    03-16 06:44 PM
    On a second thought, since your spouse is filing through ROW, he/she will get his/her greencard faster than you so yeah, you can use your's spouse's I-140 approval and PD to file as a dependent on that application. So please ignore my previous post. I am not aware how I-140 interfiling is done for husband and wife so won't be able to help much on that.
    Sorry for the confusion.




    VivekAhuja
    02-18 06:53 PM
    Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
    You will lose H1B status if and ONLY IF, you use EAD.

    AP is only a re-entry permit and has no effect on your immigration status.




    rockstart
    05-05 09:09 AM
    As long as you are working in the same position you should be fine. Also since you are making more than what is specified in your labor there is no reason to be worried. At I485 stage all they want to validate is that the employer still has the position open and you are still employed. So there is no real need to worry about the greater income.

    Your second question perhaps needs more documentation. Add your rental papers, bank statements, insurance statements (if you are paying for spouse) etc along with marriage pictures and if you have kids their BC.



    Gurus / Attorney,

    Please suggest..

    I got RFE for my employment verification and bona fide marital status..I have following questions..

    I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.

    I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.

    I would highly appreciate your any advice in this regard.

    Thanks,

    EB2 - India / PD 04/06, I485 receipt date 09/07



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