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  • 53885
    05-14 07:53 PM
    They dont want to loose visa numbers for this year. 2 years movement guarantees that those eligible can file 485 & EAD. If next month USCIS receives 50,000 applications the dates could move back.

    It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..




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  • CRAZYMONK
    07-26 09:34 AM
    I don't think the 2 question is valid as the GC is for future employment.

    Hello,

    If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...

    1. Was I in non-pay status while working for VSG?
    2. Is my job and location same as in my H-1B labor certification?
    3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?

    If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.




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  • permfiling
    02-09 09:13 AM
    I don't think saying "moving back to india" is a good option especially in a small world




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  • hopefulgc
    05-12 04:35 PM
    while that i true... imagine where we would have been if MLk had decided to sit back..
    or talk about another great soul from your motherland
    ...If Sherpa Tenzing had decided that he is happy climbing a knoll than conquer the heights of everest.... would he be distinguished.

    As someone said, We will have to be the change, we wish to see in this world.



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  • ssnd03
    07-12 04:32 PM
    Every guy thinks that his/her problem is always the biggest bottleneck

    Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.

    It will not solve retrogression which is a bigger problem, but requires congressional action for number increases




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  • doceb2
    04-13 06:20 PM
    i also need the answet to this question , how should one respond if somebody gets rfe with different job



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  • pappu
    10-01 12:21 PM
    I suggest reading the documents uploaded here.
    http://immigrationvoice.org/forum/showthread.php?t=5049
    I will be uploading some more documents related to I485 processing later today




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  • EkAurAaya
    06-01 01:49 PM
    unfortunately anything that says/reads no cap on h1 will be shot down as soon as it takes off...



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  • augustus
    10-08 07:42 PM
    Interesting question! Logically, as soon as a H4 holder starts using EAD the H4 becomes invalid. As long as the primary is in valid H1B status, the dependent should be able get back to H4 status even if the 485 is denied.

    However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?

    I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!

    Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?




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  • waitin_toolong
    07-18 06:56 PM
    read the last paragraph of the link you posted

    Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.

    As for status information, if your wife does not want to work after she gets back it might be in her interest to enter using H4. Because if she stops working she will not be out of status but AOS pending, hence legal, but there will be no safety net in case od denial, and you will save money on AP's



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  • rc10580
    06-14 11:21 AM
    Wow, so you were able to file I-140 and I-485 at the same time? My PD is 11/01 but due to retrogression we are waiting for the visa numbers to become current to file :mad:




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  • snathan
    02-10 11:50 AM
    Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?

    It will come only for I-140. You will get the approval in Perm.



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  • sameer2730
    11-15 12:52 PM
    You can travel back to USA from CANADA or MEXICO if you have a expired I-94 and a h1B which is valid while you are travelling (Its called Automatic Revalidation) if you are returning within 30 days and have not left the above mentioned countries during that period . I did it. Please do not give over your I-94 at the border or airport if asked. Let them you are returning in 30 days. However make sure you have copies of all your previous H1b and spouses H4b if any. My wife had converted from H4 to H1 3 years ago but has changed a job since. The customs officer at the border wanted to see her previous H1b.

    Also you can take an appointment in BAHAMAS. I know a lot of people who got stamps from there. I think but am not sure , you do not need a visitor VISA to bahamas if you are a candian permanant resident.

    About the Automatic Visa revalidation mentioned in the first paragragh its very clear and well known law. So 99.99% nothing will go wrong. Just try to travel by road (I have heard airport customs officers are not that familiar). Also travel along a busy border like Rainbow bridge . They know the law more in such places.




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  • mbartosik
    11-09 05:42 PM
    http://news.bbc.co.uk/1/hi/health/7087846.stm

    Actually there were two issues.

    1) UK gov changed qualifying period for "indefinite leave to stay" from 4 years to 5 years. Without a grand father clause. UK gov won this.

    2) NHS (state heath system) discriminated against those with UK work visa without "indefinite leave to say". That is called a Highly Skilled Migrant Programme.

    For comparison with US system

    indefinite leave to say == green card. Much easier to get in UK, wait time fixed at 5 years (up from 4).

    Highly Skilled Migrant Programme == H1B H4 and L1 L2 but I think like having an EAD also.

    I wonder given this ruling if those affected can now sue the NHS (National Health Service) over this for compensatory damages.



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  • rheoretro
    11-09 11:39 AM
    Now that the restrictionists blew the election for the Republicans, they're desperately trying to rally their remaining troops and keep up their morale using immigration scare tactics....

    If the Dems could vote against HR 4437 and for S 2611 in an election year and still win the majority, whose going to care for this piece of S#*t?

    Another interesting observation: Its back to being called a Bush-McCain-Kennedy Amnesty....not the Reid-Kennedy Amnesty...



    �* Mark Krikorian is executive director of the Center for Immigration Studies and an NRO contributor.

    Nice work, purgan. Center for Immigration studies has long been opposed to legal immigration (in that it wants to decrease numbers). I personally can't stand Steve Camarota's sick/twisted views...

    Interestingly enough, this article appeared in NR, founded by none other than Bill Buckley, himself, the arch conservative. Somehow these guys don't get it...




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  • jonty_11
    01-15 10:46 AM
    Furthur the letter states: If you fail to provide results of Lang test , an assessment will be done based on information you have provided and that may result is fewer points being awarded for language abilit, influencing overall eligibility.

    I am thinking of not taking this test. Anyone else with similar letter from canada Buffalo office?



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  • chanduv23
    09-30 04:43 PM
    i just called USCIS to find out when i would be recieving the mail...a very nice lady told me that it is taking 30 days for us to get the mail. Even though they say they have mailed.

    She said one more thing which I am not sure how far I would beileve....she said:
    "It does not matter what the visa bulletein dates show as you have already filed the applications..so all you need to look at is Processing dates."

    i asked her then even if the visa bulletein dates are not current for my case then do we have any chance of getting the gc...she said yes...if yours come under the processing dates.

    I am not sure what to make of this.....


    She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe




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  • pritibshah
    06-24 11:50 PM
    My priority date is Aug 2007. And I have to submit my RFE by 7/19.

    Thanks




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  • GC_SUCK
    11-02 02:37 PM
    I will appreciate your comments on my situation. I also have approved I-140 from TX and my company may ask me to move to NY/NJ for another project.

    I also have one LC from MN pending in DBEC. Can I move to NY or do I have to go thru the PERM again?

    Help?




    needhelp!
    05-21 07:52 PM
    Very good post and the answer is in the last part:

    "the USCIS holds that the person may not renew their I-485 unless they have maintained their lawful �nonimmigrant� status while their application for adjustment of status is pending."

    I am not sure what what "renew 485" means though.




    pappu
    03-01 08:02 PM
    Its been a long time since a conf call is organized. Could you all pls. organize the call and start action items. Thanks



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