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  • meridiani.planum
    10-19 08:46 PM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    if you go back to your home country without a job, and you get an RFE for an employment verification letter, how are you going to respond to that?
    Also note that earlier most RFEs had a response time of 12 weeks, starting from a few months ago the IO has the discretion to choose the response time. So for something like an EVL (which he would assume you can provide within a few days) you might only have a response time of 4 weeks... Also, its not necesasry that you get the RFE only when your PD is current, USCIS is continuing to process cases, and you can get an RFE even if your date is not current...

    As some posters have mentioned, travel on AP has also troublesome for some people. No one that I know of has been denied entry, but IOs at some port-of-entries have insisted that travel on AP should be only for emergencies. Again, its just harassment due to unclear policies, no one that I know of has been denied entry.





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  • IVLageRaho
    09-23 04:40 PM
    Hello,
    We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.

    The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.

    I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.

    Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?

    Thanks for your help.

    I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.

    on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.

    on the same day I type a covering letter in think blue color paper - mentioning .

    ATTN: CRU Supervisor - Case Improperly Rejected for Fees.

    And I explained in the covering letter the amount of the fees paid and the date the case was received.

    When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.

    I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.

    Best of luck

    See the question number three answer by murthy -
    http://www.murthy.com/news/n_faqrec.html





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  • TeddyKoochu
    01-26 12:54 PM
    I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should NOT go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humongous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!

    Amazingly well said, great.





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  • jsb
    10-29 11:36 AM
    Friends,

    I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?

    1) Is there any precautions that i should take while re-filing?

    2) Will USCIS accept the app or should they make me wait for my PD?

    Thanks,

    What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.

    If it is your lawyer's fault, you can take appropriate action with him.



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  • vagish
    04-20 11:08 AM
    Guys, we keep seeing lots of messages of introduction of several bills in house/senate, but do we know what is their voting schedule in the congress, if they have any..

    Thanks for help

    expect the CIR , all other are waste bills, they will never be voted, only hope is CIR.

    thanks





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  • karthikgk
    10-19 02:11 PM
    Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

    My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

    Best,



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  • gcnirvana
    04-23 01:00 PM
    johnifanx98,
    Please update the link. It doesn't work.

    Thanks!

    http://www.immigrateusa.us/index.php?option=com_content&task=view&id=866&Itemid=63





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  • rajenk
    09-20 07:10 PM
    I am holding MCA with 10+ years experience. My degree got evaluated to be equivalent to MS in US.

    Just to let you know switching from EB3 to EB2 is not as simple as one would think. I assume you are aware of it.

    To switch you need to start from Labor and be careful with the job requirements. And then your educational qualification and work experience.

    Here are the EB2 minimum requirement.

    JOB should require minimum of Bachelors degree with 5 years experience or Masters with or without experience.

    Good luck.:)



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  • fromnaija
    07-28 02:25 PM
    If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

    Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

    If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

    If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.





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  • gparr
    July 14th, 2006, 07:00 AM
    I have reported the promotional post to Steve and I'm sure he'll remove it when he gets a chance.

    Thanks Josh. I'd forgotten about this thread. It's about time for spider plants to bloom again. I'll have to find some and see if I can get some better images.
    Gary



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  • eb3retro
    08-21 05:46 PM
    This is great - thank you!

    I'll be traveling to/from SFO. Have the new AP Receipt Notice.

    jazz


    all the best jazz..





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  • another_wei
    05-01 02:07 PM
    Hi all;

    Questions if anyone has ever seen an RFE like this one.
    My first RFE was asking for all documents related to work authorized by USCIS.
    I think I responded properly and provided all documents requested.
    Then another RFE just came in end of April mail asking for the following.

    Please provide all school transcripts during your F1 student status.

    Now I am dummy because up until about few days ago I just realized I made big mistake!
    I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
    I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.

    Any good lawyers in San Jose area think I can pass with a letter of explanation?



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  • superdude
    07-19 01:18 AM
    My lawyer sent me the fedex tracking sheet for the I-485 package sent to:

    USCIS
    Nebraska Service Center
    850 S Street
    Lincoln, NE 68508

    I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??

    Is it a big deal?? Will my application be accepted.

    Please help

    It is avery common address. Track the shipment via SedEx, It will be delivered.





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  • pa_arora
    04-21 04:26 PM
    Someone told me recently, if ur on EAD and 485 gets rejected, ur H1 can be reinstated. This H1 will not be from the cap and you will only be getting the left over time from 6 yrs.

    Is it true, if yes, can someone thow some light on this.



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  • jkays94
    03-22 09:51 PM
    Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.


    You're welcome, great! keep us updated, I believe most of the Senators are unaware of the impact and plight of high skilled employment based GC applicants. The eventual fate in the house of the immigration provisions in S1932 has indeed created the false impression in the senate that these issues were addressed in the bill. Keep up the good work, its important that we get the message urgently to the different senate offices given that Senator Frist indeeds to have one of the Comprehensive Immigration bills debated on the senate floor starting this coming Monday (March 27th)





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  • nath.exists
    11-02 03:11 PM
    Hi,
    My fiance's country of birth is a country which has visa numbers. I am from India. I want to make use of cross chargeability . I have some doubts in the process. Can guys who have gone/going through this process help me.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
    2.)Would she need to be physically here in USA for filing i 485.
    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.



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  • crystal
    07-06 11:03 AM
    Your id reminded me of old cult movie "clockwork orange".

    Please dont open new threads bro ..





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  • zdash
    10-28 08:32 AM
    As far as I know, your only options to get GC are:

    -- DREAM ACT (which is not something you can control)
    -- Marry a US Citizen (which obviously is something you can consider)

    In the meantime, whatever you do, do not go out of the country.


    Roseball,

    I really appreciate your input and I think I know my situation pretty clear at this point. :)





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  • northstar1
    07-26 12:05 PM
    Over 150000 employees. It's a fortune 20





    krishna_brc
    06-20 01:21 PM
    yes, Even if you used your AP to travel back to US, you can come back and file an H1 extension.

    Thank you very much.





    learning01
    05-22 12:09 PM
    Keep checking every day or if possible atleast 4 times a day. They will release dates suddenly ( I don't know the rhyme or reason). One appointment for a family. You can add additional members right away. But once you pick a date, you CANNOT prepone or postpone. When you select the date of appointment, it will NOT ASK for CONFIRMATION; so please be sure of the date BEFORE HAND. Then you will proceed to type the 3 forms for each person going to the interview. For each person it takes atleast 20 min to fill the forms.
    To take another date you have to cancel your appointment. Your typed forms are lost. When you take another appointment, you have to type all over again. You have to cancel 48 hours before your appointment time in IST, otherwise you cannot cancel.
    Also check two more things:
    1) Emergency appointments can be booked for non-medical reasons , that is for visa extension. But please check this.
    2) You can prepone your date any number of times, but can postpone ONLY once. Check this if this is correct.
    If you need more info, please PM me. I am from South but took an appointment in New Delhi, but had to cancel it.
    I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website,
    Thanks.



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