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  • gnrajagopal
    08-18 11:43 PM
    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007





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  • rkdownload
    08-17 12:28 AM
    Marriege Certificate

    We got a rejection notice for my wife's 485 & 765 application. The notice said

    ============
    "Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
    The following documents may be provided:
    Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
    Your original Form I-360 if you are filing concurrently; or
    A copy of your Form I-797 if the petition has already beed filed/approved; or
    Other evidence that an immigration visa petition has been filed/approved on your behalf.
    ==============

    My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
    We have included following documentation in the package

    1) Forms 485 ,765 , G 325 A
    2) passport copy
    3) Birth certificate and affidavits
    4) My 485 receipt notice
    5) My I 140 approval
    6) Letter from the employer saying that i am still employed with them
    7) Pay stubs

    Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.





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  • nixstor
    09-07 12:18 PM
    guys, the OP clearly mentioned that it was off topic but most of us doesnt agree with what he thinks is good for him. Lets not get into the nitty gritty of pretending or being american or what ever. The more you practice accent or try to put accent into your language the more artificial it will appear. Thats what I have seen and felt. Any way, lets stop feeding the thread as this is outrightly irrelevant.





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  • claudio
    01-14 12:38 AM
    Thanks :)



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  • Robert Kumar
    02-25 12:04 PM
    The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.

    And not to affect your long term stay in the country, it is better to leave the country immediately.

    One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
    What does this mean.





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  • desi3933
    09-25 03:22 PM
    Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?


    >> Will USCIS expect I-94 which is not older than 6 months or something like that?
    No. Just submit your latest (expired) I-94 along with copy of current EAD card. This will show that you are in status. Your lawyer should know this.


    *** Not a legal advise ***

    ____________________________________
    Proud Indian-American and Legal Immigrant



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  • Desiguy786
    04-02 03:35 PM
    Gurus/Attorneys,

    My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??

    Any inputs/suggestions are greatly appreciated!!





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  • gc_check
    11-26 05:31 PM
    As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....

    I'm not an expert on this, Remember reading in the forum, you can go to local USCIS office with the approval letter if you have one already and get stamped in passport.
    On other thread, also read you can reenter using AP and the IO in the POE will tell you that your Petition has been already approved and will let you in.

    Please verify this with an attorney.



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  • raysaikat
    03-28 06:53 PM
    Dear All,

    I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.

    My questions are as follows:


    Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?

    Yes.


    Given this is the Month of March/April if I get a job now how may I be able to work for an employer?

    You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.

    If you can get CPT approved by your school, then you can work for the employer during the summer months.


    How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?


    You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).

    If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.

    If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.



    If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).


    Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.

    Thank you very much for your help.





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  • raysaikat
    03-28 06:53 PM
    Dear All,

    I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.

    My questions are as follows:


    Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?

    Yes.


    Given this is the Month of March/April if I get a job now how may I be able to work for an employer?

    You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.

    If you can get CPT approved by your school, then you can work for the employer during the summer months.


    How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?


    You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).

    If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.

    If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.



    If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).


    Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.

    Thank you very much for your help.



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  • brb2
    08-27 07:50 AM
    Yingli
    Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.

    Thanks you all so much for the reply! I really appreciate it!

    How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?

    I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.

    I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?

    YL





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  • coolpal
    04-22 05:40 PM
    I applied for extension last june for my initial h1b which was expiring Sep 30, 2008... technically speaking, the extension is still pending.... but I applied for h1 transfer in Dec and after answering a couple of RFEs and applying for premium in March, I finally got it approved last week.

    The sad part is they approved it without an I-94 (as consular process), as my I-94 was expired when I applied for transfer... the original extension was applied 4 months before I-94 expired, but since it is still pending, they said they can only approve the transfer as consular process. I couldn't get time off from work now, and I really didn't want to rush to india just for stamping, so I decided to stay here and work on EAD. I hope to get it stamped, when I go to india maybe next year.

    pal :)



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  • LostInGCProcess
    08-28 02:41 PM
    Copy of Biographic Page of Passport


    I am curious: What is Biographic page of Passport? Is it just the first page and the last page where you have all the info about you and home address etc...???





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  • H1BLegal95
    01-22 11:48 PM
    Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.

    So of the two tortoises EB3 might move faster than EB2.

    Any comments ?



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  • TomPlate
    07-05 12:47 PM
    Did you guys called... Senior Members please call or search from
    www.switchboard.com





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  • eb3retro
    03-04 05:15 PM
    Is there anything i can do on H4 visa??

    Yes, you can do your household work or volunteer in some local libraries or hospitals.



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  • rbharol
    08-30 12:29 PM
    I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?

    May or may not be.
    That is the reason that PERM labor certification requires employer to provide proof that enough advertizing was done and no US citizen was qualified AND willing to accept the job, before deciding to go for an Alien.





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  • suny_saini
    07-22 06:14 AM
    hello friends
    hope u experienced guys can help me and advise me in my case:

    my dad is a green card holder and a pernanent resident of US

    me my mom and my younger bro were applied by my dad in E3 category.

    abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.

    now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)

    my name was not there for interview.

    on the day of interview i went with my family.
    they took interview of my mom and bro and said everything is ok.
    i was also there in waiting room and only i was allowed to talk and ask the officer at enquire

    consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.

    i asked at lady at enquire that why they returned the passports?
    and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
    so after u present the approval notice they will think and decide if i can be able to get visa or not.

    then we have again submitted and also i submillted my passport with their.

    can anybody help me and tell me wots gonna happen???
    i cant wait of their responce.
    here are some detials if u can check and calculate if i am elegible...

    My current age - 21 yrs and 7 months

    Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days

    Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
    see date of posting at the end of page ie. 11 may

    I-140 Filed: May20, 2003
    Approved: October 8, 2003
    Time taken : 5 monnths and 19 days

    Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
    Approved ON: Nov 7, 2005

    Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.

    and we filled DS-230 and courier to Delhi US embassy.

    Our dates were current near Nov 2005 but again they changed the dates and it became un current.

    now dates are current again.

    plz help me....





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  • venkat1247
    10-29 03:26 PM
    hi i got the some question how to open NRI acc





    vallabhu
    02-01 11:07 AM
    please post a link to this survey





    gc_seeker_2001
    01-30 11:05 AM
    Any feedback on this is appreciated.



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