Tuesday, June 28, 2011

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  • panky72
    07-14 05:55 PM
    Hi
    I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
    My queries are as follows:
    1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
    2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
    I will really appreciate if somebody can provide some insight regarding the same.
    regards
    Saket Kapur

    Hi Saket
    you can file for her I-485 only after she is done with 3 yr J-1 waiver requirement. As far as your second question I don't know the answer.
    Good luck.




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  • reachinus
    03-14 06:56 PM
    No it cannot be used as its already expired. You will need a new employer for filing a new h1.




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  • Ann Ruben
    08-08 11:46 AM
    It is possible to "interfile" in this situation, (See AFM Sec. 23.2(l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another).

    However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).




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  • Beta_mle
    04-15 08:42 AM
    One of my minor dependents appears to have been out of status due to non renewal of their H4 visa. We thought that like the original application, dependents were covered by my renewal, found out too late that this is incorrect. Since then we have obtained renewals and the dependent in question now has an approved H-4 status, plus pending 485 and advanced parole.

    I have been told though that time out of status is not counted against minors. Is this true?
    Is there any risk in travelling out of the country to get visa stamped and returning? I understand this resets the clock. Can the embassy look into the history, find out that previous issue and deny the H-4 stamping because of it?

    I am very discouraged by this long drawn out process. Any information would be appreciated.

    PS: The minor in question just turned 14 years old. Could this be the reason?



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  • jewelhaque
    10-26 07:48 AM
    She could join from the day when the papers for transfer was mailed, this is as per AC21 law. She does not need to wait to receive the receipt from USCIS.

    my wife is moving to another employer. they filed her h1b transfer 2 weeks back. does anyone have an estimate on when she should get here receipt???




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  • tonyHK12
    05-19 01:05 PM
    Don't you know this baby will stop Skynet in 2035 and save mankind ?

    Especially along the border, helping to create a large numer of manual, non-robotic, labor jobs that will help to pass CIR.



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  • kaisersose
    04-16 04:42 PM
    Recently, one of my co-worker who was on L1A, requested an extension of his Visa. His employer filed for an L1B instead and did not inform him until after filing it. Now USCIS has sent an RFE. Does anyone know if this can be grounds for rejection of his Visa? Is the employer legally correct in filing a changed Visa category at will without informing the holder? His wife is unable to obtain a driver's license since the Visa approval is pending. Does anyone know if this can be addressed? If so, how?

    What is the RFE?

    The employer and/or the attorney may have determined the applicant did not qualify for L-1A.




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  • paskal
    09-04 11:41 PM
    i know you are coming - that's why i was reminding you :D

    by updating the profile you will get lobby day announcements etc

    btw i sent you a pm....



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  • belmontboy
    05-11 07:13 PM
    Hi, I am on L1B since Dec'10. My visa is expiring in Apr'11. Due to project requirement, my company has plan for my visa extension. Is there any way to get the GC? If part-time study can help to process my GC faster, I am ready for that too.

    Looking forward for your professional guidance.

    Thanks & Regards... Daulat

    Do you have 500,000 $?
    If yes, then that will help you.




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  • Waitng4GC
    03-24 08:47 PM
    Recently my employer has decreased the hourly rate given for many years in the pay stub but providing the difference as bonus. Will it affect my EB2 Classification and I-485 approval.



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  • bindas74
    05-20 10:18 PM
    I have a question about the Aytes memo - it says that if the name check has been pending for more than 180 days, then the 485 will be adjudicated. My question is when does the 180 day clock start? Is it on the day that the 485 application was received by the service center (going by the receipt date on the 485 notice)? Or is it the day when your PD and processing dates both become current?

    Thanks,
    Kunal


    Neither I think( i might be wrong though ). I think the 180 days is from the day USCIS submits your case to name check.




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  • GCBy3000
    11-09 11:59 AM
    You message is not clear. Are you saying he cannot work without getting a new H1. If he needs to get a new H1, then he needs to go out of the country for more than a year and come back later with a new H1.

    I beleive, he can do H1 transfer. By the way, the new company should also start your labor and I140. Still you can port your PD if you have already 140 approved.

    There is nothing tricky, it is plain and simple: you want to switch jobs?
    You have to apply for a new H1. You absolutely cannot use your current H1 to work any other job.



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  • waiting2007
    07-16 05:14 PM
    Hi IV,

    I think you guys are aware of unfair treatment of the Labor filer at the Atlanta Center. It is taking more than 100 days to approve labor while Chicago normal approval rate is less than 15 days. Core group..Do you have any feedback on this? Any plan to address this issue?




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  • fromnaija
    01-30 11:43 AM
    Thank you for the info! Should I give my lawyer a heads up or not worry about changing address on the application (if they still can do that)?

    Changing your address using AR-11 does not affect any existing petition. To change your address on any outstanding application you need to call the USCIS customer service number. So relax, this has no effect on your application.



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  • thomachan72
    11-01 02:29 PM
    A chart from Reason Magazine that says it all:

    More... (http://blogs.ilw.com/gregsiskind/2010/10/immigration-humor-what-part-of-legal-immigration-dont-you-understand.html)

    Pretty depressing but very true indeed:o:o:o




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  • msyedy
    04-06 09:26 AM
    Friends,
    Using the following Google Customized search Engine

    Immigration Search Engine (http://www.google.com/coop/cse?cx=012620551926076505117%3A4ha20owcsow)

    you can search against 5 different Immigration forums(you can add more here) with single query
    Please try and add more useful immigration related forums sites

    I salute you

    Thanks,



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  • sh1974
    05-04 10:31 PM
    I will be happy to share the reason, if it was known to me.
    But my company & their attorney are not sharing any details..
    Left with no choice.. but to wait with hope..




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  • gc_on_demand
    12-17 04:35 PM
    They might have moved all non - preadjuicated files to NSC. TSC has nothing to process so may be close to current in processing time.

    NSC will be overloaded though..




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  • girishvar
    08-10 02:57 PM
    My Suggestions:

    1. No. However you need a employment confirmation letter with the offered salary number .

    2. Yes

    3. Yes. Renew immediately. you might need six months validity.


    My CP interview at Montreal in September 2008 (EB2 � India), I have few questions before interview.

    1. Do I have to get Affidavit of support or income come Tax Return from my sponsor company?
    2. Do I have to file Affidavit of support for spouse and children
    3. As my passport is going to expired I need to get new, Do I have to inform NVC/ consulate before Interview?

    Thanks and appreciate answer.

    Parth




    STAmisha
    08-01 05:22 PM
    Thanks for the information.

    say for eg, there is a $1000 fee for my 485, does this include spouse's 485 also?
    Or I have to pay seperate $1000 for spouse's 485?




    panky72
    06-19 12:30 AM
    I live in GA. My 485 was filed at NSC and was receipted at CSC and transferred back to NSC.

    As per the filing instructions, I will have to file EAD at Texas Service Center.
    But some folks told me to file at the location where I-485 is pending.

    I have the following questions

    a> Where should I file my EAD renewal
    b> Is it true, paper based EAD renewal does not require finger printing

    Yes you don't need finger printing for paper based EAD renewal.



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