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  • ushkand
    08-14 11:48 AM
    I have an LUD of 08/05/2007 on my 2006 approved I-140. I was hoping, like so many of us, that it meant CIS was entering my 485 in the system. But looking at the trend, it seems like CIS may only be gathering data on how many approved I-140 are currently in the system and make projections/plans for future work load etc.




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  • vallabhu
    09-10 10:04 AM
    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can’t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?

    To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues

    So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer

    an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.

    if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application




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  • aranya
    01-15 11:32 AM
    Granted the employer may not deduct the attorney fees post filing, does that also necessarily mean the employee should not be required to pay up front?




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  • godspeed
    10-27 01:38 PM
    visit my blog, it has to-do's after GC.
    enjoy
    Hi All,

    After 7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......I feel so relaxed now.

    However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.

    following is the current status in the online status of my 485:


    Post Decision Activity

    On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.



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  • bluekayal
    10-20 06:06 PM
    Quick approval, applied on 10/17 and approved on 10/20 after continous LUDs. The customer service rep at TSC told me when I called this morning. Awaiting the 5 emails.

    But on the I-485 things are bit muddy. TSC told me the fingerprint is stuck at FBI, FBI told me today they returned on the same day..Aug 22, 2006! TSA rep suggested we fax the TSC Director to request updating records. My boss did that. Lets see what happens.

    Its a relief to have an approved I-140!




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  • 485Mbe4001
    10-24 01:08 PM
    Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.

    My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.



    I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.

    Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN

    I have couple of friends who have claimed like this....

    if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....



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  • Singer
    11-22 08:33 AM
    Hello VictimOfGc,

    Thank you for your first reply.
    I gad lost my password and read your previous post only yesterday.

    As you know, the decision of denying my husband's and mine I-485 could not be not appealed. I have also never stated the uscis denial reason, as I did not have it when I posted my question. They have stated that we had traveled abroad without Advance Parole, so they were considering that we have abandoned our GC petition. We came back to the country with my O-1 visa and my husband O-3.
    The first problem raised by a friend of mine lawyer (I did not have a lawyer retained anymore) was that uscis violated my constitutional rights. They SHOULD have sent me an official letter back in August stating that they were reopening or intended to reopen my 485 case! Nothing was sent. Beside my I-140 and my RFE on the I485 I did not receive anything else. So even if legally they were "right" to deny my 485, uscis has comited SO many mistakes on my case that I have been told they could let it slide on this one.
    From that moment on I have decided that I will fight them till the end and that I would not pay them one cent! Because at the end of the day, it is all about money and more money in their "crooks" pocket. I contacted my Congresswoman, my Senator, and a Congressman from another state than mine. I had gathered all the proofs and all documentations for the last 3 years and posted them on a server, so everyone involved could review them. Those three elected officials called them and spoke to uscis congressional liaison. This went on for two weeks.

    Friday the 13th we received our green cards!




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  • sundarraj_us
    05-25 04:04 PM
    Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.

    3 weeks



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  • werc
    03-26 04:31 PM
    Could you please link the relevant information.It would be nice to know about it.

    thx


    If you don't have 1 year gap. otherwise you are subjected to.




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  • god_bless_you
    04-23 10:40 PM
    Finally, My I-485 got approved.
    PD:MARCH2002, EB2, INDIA
    RD: MARCH 2007
    Thank you All!!
    :)



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  • raysaikat
    08-22 02:48 AM
    Thanks for your suggestions - minimalist,prem_goel,gconmymind.


    If she attends for the visa stamping in India,
    1) When can she go to consulate - before October 1 or after October 1.

    Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.

    2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).

    She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.

    3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)


    Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.


    4) Can they ask for more details like client letter,etc - chennai

    Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.

    If she plans to come back on H4
    1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.

    Thanks in advance.

    Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.




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  • abhay
    01-03 11:13 AM
    Yea, Dont let those european countries charge you for few hours of airport stay, They are taking advantage of people in the name of 9/11. I travelled via Middle east from DC, travel is shorter by 2 hours



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  • kanvenk
    12-04 12:56 PM
    I'm from Dallas, TX.




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  • nonimmi
    03-11 12:25 PM
    This is the problem with most of them (attorney). Once they receive full payment, they dont even care to respond or take any interest in our case. More clients they have more misbehavior we face. Anyway if we look for some real good attorney and find details about him/her it can be good for all of us. I dont think location is that important if attorney is good. Lets do a countrywide search and if someone has real good experience with their attorney please let others know.



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  • ajava
    11-29 07:58 PM
    Hey guys,

    My MTR was approved almost 3 months ago and my attorney received the MTR approval notice.

    The decision was that both mine and my wife's I-485's are reopened.

    But its been almost 3 months and online status on USCIS website has not changed yet......

    Does anyone noticed the same situtation with their MTR approval and no online status change?

    - Prince

    Hi Prince,
    Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
    I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
    Thanks,




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  • ajay_hyd
    06-21 02:53 PM
    Congratulations!!!!!

    Would you plz confirm us on the Birth Certificate?

    Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.

    thanks, i used b'certificate when i field in 2004. i got my BC in 2003 on a trip to india. i think the rules might have been different then, i had no RFE's.



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  • gcdreamer05
    02-05 01:06 PM
    You cannot use the experience gained in the current position , so subract that and then do the MS + watever was present before the current position and go for it.

    Also check some thread on IV which talks about EB2 rules changed or something with respect to job codes etc...




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  • SunnySurya
    08-04 10:09 AM
    How about some green dots guys for sharing such a inspirational story...




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  • ryan
    05-28 07:57 PM
    Thanks Ryan for reply but I am bit confused... Do I need to have US Visa for working with Canadian company, even if company don't have anything do with US.

    It's canada based company and will be working remotely.

    Let me get this straight; You're working "remotely" for a Canadian firm whilst living (full time) in the United States?

    You shall require a US work visa or a legal resident status to live & work in the US - because (like I said) your status in Canada is irrelevant whilst living & working full time in the US (for a US or foreign Company) I'm not quite sure why that's confusing?




    hoolahoous
    11-01 11:58 AM
    part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"

    not sure what your point is. the list clearly states

    "Unemployment compensation is also not considered for public charge purposes."




    Bobby Digital
    October 21st, 2005, 11:25 PM
    Has this group of talented people ever got together and met each other in person? I would love to meet all of this talent in person!!! Swap ideas and show off our best. Any ideas??



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