Saturday, June 11, 2011

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  • fromnaija
    07-18 06:11 PM
    Photographs are not big-deal. USCIS will RFE for them.

    Hi,
    I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
    Even i am worrying what would happen with my application.

    LK





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  • frostrated
    08-18 12:56 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..
    The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.





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  • gc_check
    06-26 04:20 PM
    Please take the above poll.

    In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.

    Depends on the employed company's policy and the agreement given to you initially with this regards. My company policy is they will cover all expenses/fees related to Green Card, except for I-131 for employee. This has to be taken care by employee themselves. For dependents they will NOT cover any expenses/fees and we have to pay, but they will do the paper work and will file for you. We have to just pay the appropriate fees. Also we do not have external law firm doing the paper work, the company has its own legal department with immigration attorney's who does the paper work.





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  • nogc_noproblem
    07-19 12:01 AM
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  • gc_seeker_2001
    02-04 12:39 AM
    I did a bit more reasearch and found out that, I won't loose the EB3 priority date after the EB2 I-140 approval. I will have both options (EB3 & EB2) open. I will be able to use either of them depending upon what is current at that time.





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  • teachamerica07
    08-14 01:14 PM
    Thanks for posting updated information . Are these Received dates or Notice dates?



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  • larmani
    10-26 01:50 PM
    I am not sure about 1 week prior to appt they will allow or not. If you have real valid reason you may try talk to the officer(not the guard) and explain the situation. Kids are allowed. Our daughter is citizen and we took her with us.





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  • GCBy3000
    02-06 05:25 PM
    Make sure your wife gets new H4 with valid i94. Entering with old H1 stamping does not hurt as long as it is not expired. But you should be careful not to continue with it without thinking about H4.

    You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.



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  • rjgleason
    July 18th, 2004, 07:10 PM
    I doubt very much that one could find any worthwhile criticism of the works of Janet, Gary & Anders............(and a lot of others here)

    And if one tires of birds, flowers, etc. then someone should offer to share a branch with this guy:

    http://www.dphoto.us/forumphotos/data/574/6HW7M7993_cc-med.jpg





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  • rickys_in
    06-02 01:08 PM
    We have couple of threads covering it.
    1. Copy of I485
    2. Copy of both side of EAD (and for faster processing, upper part of mailer, in which EAD came)
    3. Copy of Passport Photo page and last Visa Page (Serves as federal id)
    4. Copy of DL (other id)
    5. EAD filing receipt copy

    In one or two business days, you may be able to see on line status and LUDs. Soon you should be receiving paper receipt followed by FP notice.

    In case of E-Filing the EAD ,
    1) I didnot understand why we have to send copy of DL and Passport photo page. The confirmation reciept clearly says "DO NOT mail photos or copies of identification unless requested to do so by USCIS."
    Do you guys think, we have to send these two copies? I am confused now. Could you guys please advise.

    2) Also when E-filing for myself and spouse, Is it ok, If I send both of our supporting documents in one package ? or is it better to send them separately.



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  • Dhundhun
    06-26 04:13 AM
    ...The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

    I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.

    But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
    -- When a person is having vaild H-1B or H4 visa
    -- When a person is already having AP and is returning within the validity existing AP.





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  • rameshvaid
    03-25 08:32 PM
    Thanks guys for advise and kind words. Unfortunately, I did not apply for AP assuming I will get it stamped as was the case in 2005 when I had no problems.

    Any possibilty of applying for AP now?

    Pls. advise.

    RV



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  • Prashant
    05-22 11:04 AM
    Hello..
    I guess the apointment dates are not yet open for nov 06 .. I had the same issue with chennai consulate I was trying to book one in nov 06 .. all these days it said no appointments for nov .. they just opened them (nov dates) up today for chennai consulate .. so I picked one..

    Delhi .. I am not sure wat dates are current .. if it shows JUne/July currently u may need have to check every now and then until nov dates open up

    I have taken mine and my wifes appointment for the same day.. In the process of your application on VFS it asks wether u want to add another passport .. u need to provide the second HDFC recipt #

    You have to have ur petition no.. (SRC #) ..





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  • sam_hoosier
    12-17 01:35 PM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced

    Yours is a pretty tricky situation, and I doubt that there are many members who have been in similar situations or would have an accurate answer for you. Probably best to talk to an attorney.



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  • chanduv23
    07-11 12:42 PM
    Ah Snap. I'm From Sri Lanka and would be willing to go, but i work till 5, then have other arrangements till 7pm. Let me call her in a bit and see if anything can be worked out.

    Cool - keep us posted. I am calling her too though I am Indian :)





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  • gc_on_demand
    05-19 10:18 AM
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  • akhilmahajan
    04-13 12:41 PM
    Diptam, at this moment the best thing will be to get your wife an independent status.

    She can get on to F-1 visa or file an H-1B visa. If your H-1B is being canceled for sure, then you need to move her on to an independent visa status.

    Please talk to an attorney and evaluate all the options. I will say you need to act as fast as possible.

    GO I/WE GO. TOGETHER WE CAN.





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  • greencardvow
    07-18 06:12 PM
    Did you change your address. Sometimes they send denial at the old address. Also you need a lawyer now with the print out of the page where it lists pending. This forum cant help with this situation as an appeal is needed in your case.

    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.





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  • morchu
    04-27 03:01 PM
    "approvable" is the right term.
    I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?





    beautifulMind
    11-27 04:21 PM
    USCIS just went through the laborous task of processing more than 1 million applications for 485, ead, ap combined and also sending out FP notices and guess what, come Feb-march most of us will be ready to reapply for EAD and AP and USCIS has to go through the same process and this is likely to continue for next 4-5 years atleast..All USCIS wil be doing is processing EADs and AP..

    Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
    Options

    1) Give 3 yr ead and AP

    2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)





    jumanji4u
    05-01 12:01 AM
    I am on the same boat

    Here's my scenario

    I Was on H1B that Sponspored my GC with Comapny A, got my I140 Approved, passed more than 180 days after 485 and even got my EAD. Currently moved to a different company B that transfered H1B.I have my EAD that is not been used till now. Can I use my EAD to work on a part-time job. If I use are there any issues with H1B with my current employer or any issues while travellling. As I no longer work with the company that sponspored GC would working on a part-time EAD with another company create any problem with the GC process.

    Thanks,;)
    Jumanji



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