Friday, June 10, 2011

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  • Norristown
    11-07 04:00 PM
    My wife's EAD was also sent back even though we haven't moved. She got all her other receipts. I didn't have her name in the mail box. Wondering if it is the reason but again she got all her receipts, ad parole. We called USCIS they opened a Service Request. It will take a month minimum.





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  • adibhatla
    05-04 03:51 PM
    I recently traveled (2 weeks ago) via Frankfurt to India and back from Dallas. It is more than enough time. Also Lufthansa does a good job of on-time arrivals and departures. I would say it should not be a problem at all.

    Cheers!

    MA





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  • she81
    07-13 01:46 PM
    Add: "None of the above" and "All of the Above" - or have checkboxes instead of radios.





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  • 485Mbe4001
    11-29 03:49 PM
    Get a syllabus booklet from your university. if you attended a 4 year course they will send you 1 booklet for each year which describes the required courses and the course content in detail. Send this with your reply to the RFE, refer to the pages where they mention the course content and graduation requrements. A friend of mine did this 6 years back for his RFE and was approved. The problem was that the transcript mentioned math but USCIS had not idea of the level of math at the university (yours could be similar...just guessing).

    The other option could be to get your transcripts evaluated by a third party.



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  • Dhundhun
    06-12 06:59 PM
    ... pre adjudicated and other than NC everything looks good.

    I think, pre-adjudicated means every thing ready and waiting for Visa Number, so you need not worry - Whether EAD/AP renewal bothering you?

    Within four months of processing time passing the RD, case is pre-adjudicated - I mean, when they were trying to give you GC, DOS did not reply with your Green Card Number (exhausted). I think USCIS is not delaying your case. If I were you, I would wait.

    However many of us recommended to followup aggressively at various levels. It is up to you.





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  • gc28262
    07-15 09:41 PM
    Thank you GC28262,

    I also presume that there is no need to file I-539 either. However, what would be the right approach here..

    File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
    OR
    File for AP - but then she won't have a new I-94 till such time that she reenters US.

    Please advice.

    I am not a legal expert.

    For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.

    The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.

    BTW my I-94 expired more than a year ago when I switched over to EAD.



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  • needhelpASAP
    04-27 04:02 PM
    Thanks so much for all your advice! I feel a little better now.





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  • snarla
    06-29 01:59 PM
    My lawyers asked me to use the OPT number on all my forms where it asked for A# number of FileNumber ... I did not have a A# number on my I140



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  • LostInGCProcess
    11-26 10:43 AM
    Perhaps I am missing something. I thought you could get an extension beyond six years only if:
    1. Your labor was pending for more than 360 days OR
    2. Your I-140 was approved

    I did not know that you could get an extension if:
    Your labor was approved and your I-140 was still pending.

    My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.

    You are right. For approved labor (or pending more then a year, which is rare these days), pending more then a year, and if I-140 is still pending, you get H1 for 1 year. With approved I-140, you get 3 year extension.





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  • JunRN
    08-21 11:30 AM
    Mine is two Receipting up-dates away.....but I am hoping to receive my RNs before that...:D

    Let's have some fun guys.! It's good to be worried and it's just normal. Some are just too stiff to others because the July 19th filer is asking for getting checks cashed and therefore some July 2 filers are pissed off because theirs are not yet cashed....Dude, let's face reality with USCIS...some people are really lucky to overtake others....



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  • shantanup
    01-15 10:48 AM
    My friend's father-in-law, a retired Indian army personnel, was able to obtain a visitor's visa to US and he did come and stayed with him for about 3-4 months. So, in short, retired Indian army personnel can get a visitor's visa and travel to US without any trouble.





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  • mhtanim
    02-12 11:20 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.

    Yes, you are allowed to take lifetime learning credit. It has nothing to do with your visa status.

    It should not have any effects on your greencard process.



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  • meridiani.planum
    02-29 12:09 PM
    If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.

    correct. Ability-to-pay is one of the 2 major causes of I-140 denials (education qualification typically being the other where you have a 3 year degree and your LC said 4).

    If your employer is in good financial state you should be ok, if not, you might get a denial., so start preparing right now. Stay on H1, dont use EAD, just to be on the safe side... If you get a denial appeal immediately, and start another LC from another employer. Hope htat your appeal goes through (many people have successfully appeal ability-to-pay based denials)





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  • kopra
    02-25 12:19 PM
    Yes you can say you didnt join them . Again, of all the cases i have heard , people at POE hasnt created any issue for H4 Re-entry.please take a one time appt with any good immigration att. so that you dont have to worry


    Thanks Kopra for the reply.

    Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.



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  • ashismaity
    07-25 08:58 AM
    This whole quota is the number which USA admits per year into its inner circle i,e, GC. Now once that quota is full, you can't be given access to inner circle(IC) or allowed to fill 485 which is final verification to the IC. Inner circle facilitates you with a EAD/AP for you and your spouce.

    Now question is why 485 is the last stage as its employee verification ? simply because employee fiiling up a job. establish 1st, job is available and no worker from IC is there to do it. Then verify who supervises the job gets done (Employer) and then verify who will do the job (emplyee). Although there are so many jobs to be done, quota stipulates how many of then to done by IC people. Rest will be done contructer or temps like the us.


    Theoritically all these process should have been finished within a year or so to do justice to all... But there are other proprities... Who is more important etc. Then there is politics like IC people want to have good life ...so they slow down the work...making a dely...or the resources are taken from this field to another at the cost of us because we have no say on the process which will elevate us...





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  • sweet_jungle
    12-12 10:51 PM
    Wife's EAD changed to "card production ordered", after a tiresome wait of almost 4 months. This was after 2 expedite faxes and 1 infopass.

    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.



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  • pan123
    11-04 04:14 PM
    Guys,

    Your help/guidance is needed on this strange situation.

    I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.

    Apparantly, this employer is causing some issues in giving me all my supporting documents.

    My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?

    You experience, knowledge will be appreciated.

    Thanks,
    pan123





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  • vnsriv
    07-20 03:32 PM
    Can you not get a letter from your church/temple in India?
    Mnay people in India have only the church/temple marraige registration. THEN THEY REGISTER THEIR MARRAIGE (MAY BE AFTER FEW YEARS) IN THE SU-REGISTRARS OFFICE.

    Such a marriage letter, affidavits and your new US marraige certificate shoudl work fine. If an rfe COMES, YOU MIGHT NEED TO EXPLAIN WHY YOU GOT Married in US agian.

    Excerpt from US Embessay

    Religious Ceremonies
    In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a �no objection letter� from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.

    If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha�i or other religious ceremony, the certificate issued by the religious authority (e.g., the church�s marriage certificate, the mosque�s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.





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  • teachamerica07
    08-01 06:04 PM
    Will it work if the parole stamp on I 94 has expired ?
    Should the stamp be kept valid by travelling out of the country and reentering on AP every year ?
    Thanks for your input .





    ibmguy
    04-07 04:48 PM
    I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.





    Canadian_Dream
    07-25 02:02 PM
    IMO: That's the best option to pursue in this situation. Make sure you clearly mention in both I-140/I-485 applications that you have a pending I-140/I-485 (with Receipt Numbers etc). Also send a small write-up along with all the applications explaining the situation and reason for the second filing.

    I would file a separate I-485 and I-140 for this other LC. Experts, what say?



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