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  • newuser2011
    05-16 04:15 PM
    My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.

    How long does it take to get the AP and EAD? Can she leave the country without the AP.





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  • seekingadvice
    12-07 03:10 PM
    Hi Everyone,

    We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.

    The thing is my husbnad is on H1 & me on H4.
    His H1 was getting expired in Jan07 & has been extended till May08.
    His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).

    We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.

    Questions:-

    1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?

    If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.

    2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?

    3) Will appointment be available in Feb or we r too late ?

    We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.

    Thanx in advance.:)





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  • anand2007
    07-18 08:34 PM
    if your wife has chosen Consular processing when filing I-140, it is possible to go ahead with concurrent applications

    Hi Friends,
    I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
    The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
    Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
    Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
    My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..





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  • pbuckeye
    09-14 08:27 AM
    I think he was just trying to make a point about being pressed by all parties involved (repubs/dems/liberals/conservatives in our case)

    At least the Jews had more solidarity among their community, perhaps it should be a lesson for all EB immigrants to be and stay united.



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  • baskarans
    10-08 02:15 PM
    PIO card is valid for 15 years and no need to apply for visa every time you go. You just present it with the passport when entering/departing in India. it takes about 20 days to get it they say 15 working days which is about 3 weeks. if you do in person they will check all documents and let you know if there is some thing wrong so you can correct it and submit it and no issues when issuing. they give you date to pick up or even you can ask them to mail back for 15$. i would say get poi if you have time and also if you are local do pio if you are not getting it by the time of travel you can always go and get visa the same day. http://www.cgisf.org/ is the sfo counslate website can get all the infor and download application there. even you can email them they are very prompt in replying you will get a reply the next day if you have any questions





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  • Ramba
    05-19 02:31 PM
    I 140 : approved last month
    I 485 : July 07 filer passed 180 days
    GC Process : Substition Labor / Future employment

    The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

    I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?

    Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.

    Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.



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  • lazycis
    12-29 09:36 AM
    It's OK to stay while change of status (COS) is pending if COS was filed before I-94 expiration (your case). Even though your wife will be technically out of status after 1/3/09, she is not going to accumulate unlawful presence because her stay is authorized by US Attorney General. Out of status is not a big deal. A person who came on H1 and filed for AOS does not have any status if H1 expires, but that person is lawfully present in US.
    So wait for a decision on COS and if it is denied, your wife has 180 days to get a lawful status or to pack and leave without any adverse consequences.





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  • chanduv23
    06-12 04:30 PM
    This is my first post, so bear with me.

    I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.

    Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).

    It is called "two birds in one shot". Pre-adjudication and pre-rejection.

    And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.

    Preadjudication follows these guidlines
    (1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
    or
    (2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
    or
    Preadjudicate it and keep it ready for visa allocation.



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  • darslee
    07-11 01:36 AM
    Anything I can do to help?





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  • sanjay02
    05-22 08:12 PM
    Hi
    I had filed my I-485 in Jun 2007 my PD is Nov 2005 and was called for an interview at the local USCIS office in Feb 2009. My I-485 was pre-approved, now I am about to apply for AP renewal.

    The question I have is which service center do I mail in my AP renewal docs? My original application was filed in Nebraska. So do I file it there or send it to service center in Missouri? Can any one who has similar experience post the answer to this?


    Thnks
    Sanjay

    Bump!



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





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  • dvb123
    02-28 05:52 PM
    Bump



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  • LookingForGC
    01-25 06:35 PM
    Oh man, i was really interested to see the post after looking the title, but :)

    Take your time...





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  • rvr_jcop
    02-17 10:57 PM
    I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

    Please share your thoughts...

    Thanks

    You are in H-1 status now as you applied for COS from H4 to H-1. So I am not sure if going for H4 stamping is still an option for you. I will let others weighin on this one.

    Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1



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  • srikondoji
    12-17 02:08 AM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4406.html (January 2009)

    Eb2 advanced by one month and EB3 by 15 days.

    Enjoy the new year





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  • boom
    10-01 07:16 PM
    Would appreciate if some one can guide me in this situation.

    Filed 485 on 11th aug but as fedex packet was not traceable I had to file again on 16th of August.

    Now I received the receipts for the one which was filed first time.
    How do I stop the 2nd application.What will happen If I do a stop payment on the 2nd one.
    Will it affect my GC processing fot the application filed first time.
    What is the best option I have without getting into some issue.



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  • anil
    08-18 08:37 PM
    I moved to another zip code within same state. LUD changed on June 26, and did not get any RFE. I think it is safe.





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  • FredG
    February 26th, 2004, 10:27 PM
    Gotta admit I've not been very diligent about that. 5 a week sure sounds like a small committment. You sure that will be enough?
    Fred





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  • zico123
    05-17 01:53 PM
    According to BBC:
    Link: http://news.bbc.co.uk/2/hi/americas/6667257.stm

    The White House and the US Senate have reached a deal on an immigration bill that could give legal status to many of the 12m illegal immigrants in the US.

    Democratic Senator Edward Kennedy confirmed the agreement that would also establish a merit-based system for future migrants.

    US President George W Bush is expected to endorse the bill, which strengthens border controls, Mr Kennedy said.

    The proposal comes after months of bitterly fought debate over the issue.

    Points system

    After first paying visa fees and a $5,000 (�2,530) fine - and returning to their home country - illegal immigrants in the US would be eligible for the planned "Z visa".

    Holders of this proposed visa would have to wait between eight and 13 years for a decision on their permanent residency application.

    Another key component of the deal was the establishment of a "points system" that would emphasise new immigrants' education, language and job skills over family connections in awarding green cards.

    New limits would also apply to US citizens bringing foreign-born parents into the country.

    The bill also establishes a two-year temporary guest worker visa.

    Holders of this visa would be allowed to renew their papers twice, but would have to return home for a year between each stint, and would have virtually no chance of gaining permanent residency or citizenship under this program.

    The bill is expected to cause passionate debate in the Senate next week.

    Immigration reform has been one of Mr Bush's top priorities in government, after the so-called "war on terror".





    fatjoe
    08-25 07:49 PM
    How do we know if our case is pre-adjudicated or nor, is it only a guess based on PD, that a case may pre-adjudicated.
    Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.

    PD - July 2004-EB2
    I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
    Attended interview at the local uscis on June 25th, 2009
    Spouse alone second FP on July 5th , 2009
    I





    xlxoel
    05-20 09:16 PM
    Hi everybody!

    I applied to renew my travel permit on May 20th 2009, I just got the following email from immigration:

    Receipt Number: XXXXXXXXXX

    Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

    On May 20, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

    I applied ONLINE this time.
    My last year parole expired on May 3rd 2009.

    What type of evidence can they ask for a travel permit?
    Someone on the same boat?

    I also got an email about my I-140 five days before saying:

    Receipt Number: XXXXXXXXX

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Document mailed to applicant.

    On May 15, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    I haven't received any of the letters!



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