Tuesday, June 7, 2011

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  • senk1s
    05-08 01:40 AM
    In our case (also Jul 2007) the Dr gave sealed envelopes ... and we gave it to our attorney.

    What did yor attorney say about this RFE?





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  • lostinbeta
    10-16 01:00 PM
    It is a default shape in Photoshop 7. You can view my attachment to see what it looks like.

    They might have it in Photoshop 6, not sure.





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  • sundarraj61
    11-04 10:39 PM
    I too missed the chance ( formy wife and son) and waiting for the next chance and not sure when it is going to happen.

    -sundar

    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?





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  • ajju
    08-30 02:06 AM
    RedHat,

    You were out of status for first 8 months.. It may reset once you went out of country and reenter... But still you need to take advice from a very good attorney... And you know it way down in your heart... don't you??



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  • kshitijnt
    06-16 03:20 PM
    If the I-94 is attached to the new approval notice, you need not go for stamping to home country. If it is not, I advise that you go to home country for getting a new stamp.

    The above applies if you do not plan to travel outside USA.

    If you plan to travel outside USA, you can get stamp in any nearest USA consulate. Again neighbouring country or home country offers best choice.





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  • morchu
    05-12 05:47 PM
    Thanks for clarifying this.
    OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.



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  • HumJumboHathuJumbo
    10-31 11:02 AM
    what address should i mail my I-131?. I did not file with my I485 application.there is a chicago address on form I131.should i mail it there?.
    thanks





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  • glus
    12-18 01:05 PM
    Hi guys,
    I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?

    My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....

    I wonder what is happening....



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  • babloo_73
    06-30 02:33 PM
    Guys and Gals,

    It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

    I'am staying positive..... Want y'all to do it too....

    All the best....





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  • calaway42
    10-03 11:34 PM
    This is the tute i was talking about..
    http://robouk.mchost.com/tuts/tutorial.php?tutorial=pxbevals



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  • kdprasad
    07-08 07:19 PM
    Any Drive in Minneapolis???





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  • shanti
    02-24 10:35 AM
    Thank you guys for your replies.

    NolaIndian32: I have a question, has your lawyer used the experience previous to filing for Labor as a justification to becoming a supervisor or whatever promotion you got? or did he include the experience post labor application?

    Becks/Nolaindian32
    Another question, I know that for changing the employer keeping the same labor before the I-485 stage that you need to prove same or similar, if that were the case and this is my info:
    I came to US in December 2000 H-1B having 5 ys of previous experience, worked for employer A in U.S. from December 2000 until November 2003, joined employer B in December 2003 (another H-1B) where I am still working, then Employer B applied for my Labor in Feb 2005. IF that was the case for the I-140 stage of same or similar, how many years of experience can I use as gained in US? The three years with my first employer or those 3 plus the year that my current employer took to apply for labor in this case it would be four?


    Thank you so much in advance.



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  • kshitijnt
    07-29 03:09 PM
    I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.

    Any advice highly appreciated. thanks!

    While I am not a lawyer, I would have a few questions:

    1) Is your I140 approved?
    2) How many years do you have on H1?

    If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.

    2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.

    The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.

    3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.

    Depends on what is more important for you? GC or better opportunity? Only you can decide.





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  • milind70
    07-24 08:37 PM
    Hello,

    I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??

    Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??


    Thanks
    It would be better to get affidavits from your parents ,if u submit without affidavits u might get a RFE and this might delaying your process.



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  • shreekhand
    10-04 11:33 PM
    :p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)





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  • camarasa
    07-23 11:26 PM
    Take alternative opnion from good Attorney and take a chance.

    "Taking a chance" would obviously depend on the alternative opinion - surely. If the independant lawyer says no way you must start again, it wouldn't be taking a chance, it would just be stupid.



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  • BharatPremi
    12-05 10:55 AM
    Eyes already on citizenship!. appreciate your optimism.:D

    I am already a citizen ..:) Just want to know more about PR in US.





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  • jonty_11
    07-31 01:54 PM
    u have to file 140 for ur old labor..once that get approved....u can interfile the approved 140 onto ur pending 485..(filed with PERM labor/140) and request USCIS to use the PD of the old Labor/140...

    Confirm with lawyer...





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  • help43
    09-12 05:09 PM
    Can any body tell me

    How much is the fee for H1-B Amendment + Premium Processing?


    EXTENSION OF OPT TIME THROUGH 10/1 FOR INDIVIDUALS WITH PENDING H1B APPLICATIONS


    Under prior law, the CIS already had authorization to extend the status of F1/OPT holders until the October 1st H1b start date (although notably they have chosen not to exercise this power in the last few years!). The extension available upon exercise of this power by the CIS, however, only extended status but did not extend work authorization. The extension that is now available under the new regulation just published, extends not only status but also work authorization through 10/1. This extension is automatic and no separate application is required.



    This regulation will work as anticipated by the CIS in subsequent years, however, there is a fatal flaw in the drafting as it pertains to this year’s H1b filings. As drafted, to be eligible for the automatic extension, the H1b application has to have been filed as an H1b change of status case. When filing an H1b petition, the form allows you to choose whether you want consular processing or a change of status with the USCIS. A change of status with the USCIS requires that you submit evidence that you have lawful status through the requested start date of 10/1/08. Most applicants who filed H1b applications under the 2009FY quota whose OPT grace period ends prior to 10/1/08, did not file their H1b applications with a change of status request because they were not eligible. Consequently, they are not eligible now for the new automatic extension. Currently, the only way to rectify this situation is through an amendment (and, the H1b cannot be amended until it is approved). Thus, the only people who will benefit from this extension are those whose OPT grace period already reached through 10/1 and now their work authorization has been extended to match, and those who filed their H1b applications incorrectly as a change of status application when they were not eligible. This issue has been raised with the USCIS by the American Immigration Lawyers Association and the USCIS is looking into the matter and has promised to address it. We will provide any updates on the situation as soon as it is available.

    Related link:http://www.infinitilaw.com/h1bnews.html

    Please explain me what is this about? I am totally Confused..... Is it something related to my case....

    My OPT is going to expire on DEC 29TH 2008.





    martinvisalaw
    07-16 05:59 PM
    I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).

    I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.

    Any help is appreciated.

    Thanks
    R

    It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.

    As regards whether a reimbursement agreement is enforceable - it depends on state law.





    MYGCBY2010
    07-27 02:41 PM
    You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.

    You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.

    What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.



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