Saturday, June 11, 2011

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  • rahul2699
    05-19 11:13 AM
    My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.

    Yes if you live out of US for at least a year after the full H-1B term, you can apply for a new H-1B. If i were you, i'll keep the labor process going while applying for a new H-1 because GC is for future employment and if anything you can retain the priority date...

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  • Jaime
    09-05 05:08 PM
    Retrogression affects ALL countries. ROW EB3 has been retrogressed for some time.

    Please be careful to not spread misconceptions about who is, or is not, affected.

    Well, right now it is all "U" on the visa bulletin, you are right. But I assure you that come October and the following months there will be visas for our Egyptian friend and ROW.

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  • wandmaker
    11-03 05:36 PM
    Thanks what dox did u send ?

    Checkout : (

    Extract for eFiling EAD:

    Covering Letter from the PDF
    Covering letter from self
    Copy of I-485 Receipt
    Copy of approved I-140 (If approved)
    Copy of PP (1st and last Page)
    Copy of Visa Stamping
    Copy of I-94 (Front & Back)
    Copy of DL

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  • flyingninja
    10-30 12:36 AM
    Thanks,for providing feedback, please keep sharing the developments or additional information that you might have. Interestingly I did notice that all the candidates in front of me at the VO counter also seem dejected, so it seems this new practice is much more widespread.
    I am working on obtaining the documents and plan to visit consulate next week sometime. When I spoke with my employer, I was told that there were other cases in different consulate location in India where our employees faced similar problems. One of the case was also with an H4 candidate who was told to produce all these documents, at least one good thing I was told that all the cases were approved after submitting the supporting documents in few days. I am working on obtaining necessary documents at the earliest, make an honest case to the VO when I submit all the documents and will leave rest on god almighty.


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  • sdrblr
    06-29 05:57 PM
    Thank you all for your quick response. It was very helpful.

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  • iman.karta
    04-15 05:33 PM
    Dear Sir/Ma'am,

    I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
    I am applying for an immigrant visa via employment-based; EB2.

    I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
    I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
    And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.

    The question is:
    1. What is the alternative that I have?
    2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
    Do you think these will be sufficient?
    3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.

    Thank for the input.

    Warm regards...


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  • ken
    04-09 12:40 PM
    When I filed my AOS application I was in CA and still I am working in CA, I never worked / lived in MIAMI,FL.

    If they have to transfer my case they would have transfered to some CA local office not to MIAMI,FL local office..

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  • linuxra
    09-24 07:52 AM
    Hi All,
    Thanks in Advance...
    I got an email from USCIS that my and my wife's I-485 got RFE''s
    I files my 485 through lawyer,I recently moved to new location...
    Will the rfe notice come to me or my lawyer...
    I updated the old address on the day i got RFE notice?
    Please advise...


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  • Neo_Clone01
    10-02 02:57 PM
    love your posted imgae
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  • bbct
    02-16 01:53 PM
    If one has not maintained his/her prior legal status, countries other than home country will not give the visa. Instead, they would be asked to back to go home country for getting the visa.

    I am currently on H1-B .My company is doing a lot of layoffs and I can be laid off anytime. So I have decided to go back to H4 but filing I-539 can take upto 3 months. Someone told me that I should go to Canada/Mexico and that process will be faster.
    Can someone plz. tell me what is the procedure and what documents are required for COS from h1 to h4.
    Has anyone any experience with Canada/Mexico.How should I fix an appointment?


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  • cooler
    07-07 04:42 PM
    As we file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my employer(w2 based) withhold more money from my paycheck every month?

    Would this extra payment through this channel suffice for the purposes of estimated payments?

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  • Hey Ram GC
    05-05 04:22 PM
    RD is Jun 1st 07, ND is Jun 7th 07 - TSC


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  • shana04
    12-31 01:48 PM
    L1A visa, validity May 2008
    EB 1 category
    I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
    When and how can I excercise AC 21 portability
    Do I need an EAD for this

    You are good to go after Jan 22 2008 for using AC21 (be on safe side until Jan 23 2008).

    You can apply for EAD by your self and if you need help let me know. I have documentation for this (it is very simple and as other friends suggested, it is in IV website) but still if you need documentation let me know.

    Good Luck and let us know how it went through.

    All the best for you and your family.

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  • sayonara
    08-30 06:19 PM
    1-800-375-5283 (press 1-2-2-6-2-2-1 at the prompts)

    Most likely, you will be asked to just wait for 90 days from the date of filing before someone can look into ur status...but good luck anyways !


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  • senthil1
    06-26 02:30 PM
    My view is immigration intent part will not impact much. Just it is giving more power to consulate. Consulate may reject some candidates who are not having strong job offers. It is similar to F1 visa. But nowadays F1 visa rejections are very less compared to past

    Could you please point out the section where it says dual intent for H1 will be removed ?

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  • setpit_gc
    05-27 07:14 PM
    Got the RFE document.
    Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.


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  • extra_mint
    05-16 01:31 PM
    PD June 12, 2006 NSC
    Waiting for my spouse's GC (dependent)

    I got mine (primary) over the weekend. Any one else in same boat ?
    Me and my spouse didn't applied together, I added her in 2008.

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  • samcam
    05-19 11:15 AM
    Simple reason, you get access to the members only forums.. Very informative.. Also, only way to help yourself is by helping a bigger cause.. come join us and contribute!!

    I have attached a screenshot of the members only forums... Take a look!

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  • lostinbeta
    09-06 03:22 PM
    Hey, thanks Hojo, it took me a while to get that text to work correctly on the board. Darn CSS. I was trying to use span tags when I really needed to use div tags.

    Your footer doesn't show Hojo? I right click and it says Movie Not Loaded.

    07-16 04:58 PM
    I am also in same situation. My lawyer told me that he will file our application seperately without including each other as dependant. This doessn't make sense..... any input from others?

    03-02 06:16 PM

    I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

    Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
    Wife: EB2 PD Feb 2007.

    During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

    In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

    Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

    1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
    2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
    3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

    I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

    On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

    Moral of the story:-

    1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
    2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
    3. Don't do anything illegal :)
    4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

    Best wishes.

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