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  • yabayaba
    08-18 09:34 PM
    My Wife got RFE on EAD, asking her to schedule an appointment for biometrics. There is no scuch thing that we could sehedule biometrics. We took an infopass appointment, USCIS officer she understood the issue and aimmediately gave an apponitment for biometrics.

    Inconsistent RFE are issued by USICS these days. Take infopass appointment, go to the field office with all the documents and hope they would help you.





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  • kumar1
    04-16 02:03 PM
    1. Sell all my stuff.
    2. Transfer all my liquid money to home country.
    2. Rent a one way van in New York.
    3. Drive cross country with family and have fun. Meet all my friends on the way.
    4. Return the van in San Francisco, take one way ticket to India.
    5. Start a fresh life in India, free of immigration woes.
    6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).

    If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]





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  • newbie2020
    03-27 11:46 AM
    Generally it is little difficult to sponsor a GC through one's own business. USCIS wants to know if it is a legitimate business, with revenues, employees, contracts etc





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  • anil
    08-18 08:37 PM
    I moved to another zip code within same state. LUD changed on June 26, and did not get any RFE. I think it is safe.



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  • gc_on_demand
    04-22 11:12 AM
    Hello Folks

    I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.

    Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?





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  • manjunathpv
    09-20 08:21 PM
    Raj

    what are your plans for I-485 filing? are you going to interfile your existing EB3 485 application with EB2 I140 or file a new 485 application for EB2? what is your lawyer recommending?



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  • Achi Goro
    11-17 02:54 PM
    Hey Guys

    I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

    Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.

    Looking at the above filing date, can some one brief me on my likely priority date?

    The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

    When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.





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  • amitga
    02-15 09:30 AM
    If she worked in India in past 3 years for at least 1 year for the same organization. She can get a L1 Visa and then get the GC processed on EB1 category. She will get her GC in 7-8 months.

    :confused:

    Gurus,
    Please advise.
    Can a spouse of Green card holder get an H1b visa.
    Spouse is currently studying MBA final sem.
    She has 3 year industry work experience.

    An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.

    The question :
    Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
    What are chances of her obtaining h1b visa ?
    I heard H1B is a dual intent visa.

    Thanks in advance for your time and efforts on this issue.

    USGC07



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  • willigetagc
    08-09 05:51 PM
    then why is'nt NSC approving 2006 cases at the rate at which TSC is?
    Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.

    Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
    All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D





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  • bestin
    06-19 01:46 PM
    I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)

    Hi add78,Yes,d was checked.I thought thats what needs to be checked for EB2.I do have a bachelors degree+ 5 years experience.



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  • guyfromsg
    07-16 11:02 PM
    Please enlighten me. What constitute a proof of immigrant intent?

    Filing of:

    1. LC
    2. I-140
    3. Medicals
    4. I-485

    etc...

    I am confuse. Please explain.

    I-140 is Application for Immigration petition. To apply for 485 you have need to have 140 approved/pending or should be filed concurrently. Medical is required as part of 485.





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  • vallabhu
    08-08 10:15 AM
    When did you file I-140 at TX? RFE could be for documents about ability to pay.


    Feb 8th 2007.



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  • eastindia
    05-03 02:39 PM
    Who asked for a combined AP and EAD?

    What help will it offer really?

    It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?

    What will we really do with a 2 in 1 document????





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  • jambapamba
    08-08 09:39 AM
    I believe signatures on 485/131/765/140... forms are far more important than on G28's.



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  • Robert Kumar
    02-15 08:09 AM
    If I were to file EB2 now,

    1. Can I use ads done for somebody else, to save time.
    2. Should the ad in the paper say "Masters needed, or Bachelors + 5 years".

    Is this point 2 very important in the ad itself.

    Thank you,
    Bobby.





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  • god_bless_you
    07-18 09:17 PM
    You can apply from your Wife's company for that You will be dependent and her's will be primary.
    When submitting you need to enter Alien numbers obtained from the first filing.
    The critical part of applying like this is both the I 485 receipts SHOULD get same A# associated.
    Once one 485 is approved USCIS will cancel the other or you can write th service center where pending I 485 is to cancel with all related details.,

    HAVING MORE OPTIONS IS ALWAYS BETTER!!



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  • Marphad
    02-12 10:51 AM
    I support this fully. Where is all time Gandhigiri supporter "ItIsNotFunny"?





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  • fatjoe
    11-07 12:47 PM
    I got my FP from TSC
    My I-485 got transferred to TSC from VSC.

    Got soft LUD on approved I-140 on 11/04

    Hi ttdam:
    Your 485 was moved from NSC to TSC, and so was mine, and I got FP recently. My EAd/AP was filed in NSC on Aug 10, got receipt notice, but no other news yet. where did you file your EAD/AP, is it in NSC? If so did you get your EAD?





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  • FinalGC
    09-16 11:55 AM
    I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.

    However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....





    dexter
    12-16 01:37 PM
    Hi All,

    My perm application was denied and the resson for denial is -
    "The newspaper used by the employer to advertise the job opportunity per the mandatory recruitment step provisions is not a newspaper of general circulation in the area of intended employment which has a Sunday circulation"

    Once we received the denial, the attorney found out that he made a mistake in the perm application and the news paper mentioned in the perm application was not the news paper in which the advertisement was placed. Now they are filing an appeal to reverse the certifying officers decision. Also the news paper mentioned the perm application is a valid news paper for the area of intended employment. The attorney is submitting evidence to the same.

    As I am in the 6th year of my H1b, what are my options? I was out of the country for 88 days in the last 5 years and can use it for H1B recapture.

    Would it make sense for me to ask my employer to file for a new perm application or should I wait for the appeal's decision.

    Thank you your help.





    GCard_Dream
    07-28 04:37 PM
    --

    Make sure that everyone in the family who has a pendng 485 has the travel document (AP); otherwise 485 will be considered abandoned.

    -- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.

    If you are traveling by road and the trip is < 30 days, just use Automatic visa revalidation and do not surrender I 94 and come back on the old I 94.

    -- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.

    If you are travelling by air or if trip is > 30 days, surrender I 94 and you can enter any way (on H1/H4 or AP does not matter as long as everyone HAS an AP).

    Good Luck with your trip.



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