Monday, June 13, 2011

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  • dollar500
    04-10 11:39 AM
    AFAIK it's not published yet. Also it's two years extension which is under review not three years.

    Good luck





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  • kothuri
    06-09 11:35 AM
    Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.

    -Sri





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  • coopheal
    12-07 08:56 AM
    My lawyer mentioned that we have to be in same or similar position at the time filing I-1485 and when its being adjudicated. After filing and before adjudicating we can be in any other position.

    Is this correct?





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  • akhilmahajan
    02-04 11:06 AM
    Yes i did. It was the same way for my dad when i was on H-1B.
    I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.

    He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.

    I hope this helps.

    GO IV GO. TOGETHER WE CAN.



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  • abhay
    01-19 09:40 PM
    Hi All

    Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
    "On May 18, 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 case with your new address or call our customer service center at 1-800-375-5283."

    My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+

    "Status of this service request is:

    The TSC has not received your response as of to date.

    XM271"

    I panicked and wrote an email to my lawyer and he said that
    They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."

    I am going to contact my employer and express my concerns and see what they can do.

    My questions are
    Does the online status never get updated sometimes?
    Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
    Any suggestion for me how to proceed with this?
    How do I get the online status changed?

    Thanks for all your help.

    Regards
    Abhay





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  • m306m
    04-15 02:23 PM
    My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?

    This happened to me as well. The efile will fail because of the switch from ITIN to SSN. I then did not efile my taxes instead mailed it to the IRS. Next year you should be able to efile since the record is straight with the IRS.



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  • thomachan72
    12-16 03:51 PM
    it was Ok long time back when unemployment rate was not high. Now you might certainly be questioned on the year without work. When you are hired on H1 it is asumed that you would be continuously employed for the period specified on the H1. If the company had to send you off, they actually should have cancelled your H1b and then rehired you when work is available. That is the essense of H1b. I understand your situation but personally feel it is incorrect legally to go about this way. Finding a good explanation for one whole year without work would be pretty difficult. If this were possible why would the so called contractors not resort to bringing in people whenever need arises and sending them back once the project is done?? If you could stay without work outside the country for so long.





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  • dxldad
    05-18 12:45 PM
    I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:

    An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.



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  • pthoko
    08-03 10:02 AM
    Hi,
    I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.

    There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.

    Is it a given that USCIS will find this issue?

    I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
    I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.

    I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
    Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.

    Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??

    Greatly Appreciate any reply.

    Thanks!





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  • my2cents
    02-26 08:02 PM
    Best part will be

    - Convert into F1 just before 6 month or 1 year before she completes her study. U must pay for international fees ( if approval comes after semesteir start then for that semester u will pay in-state fee)

    - It will enable her to pursue opt and make a way for converting to H1B

    For OPT
    - at the time of filing she must be in F1
    - She should have full time student for 1 year ( not necessarily F1 for 1 year)

    I did the same thing for my wife.
    Thanks,



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  • Legal_In_A_Limbo
    01-14 09:37 PM
    please share ur experiences





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  • rbharol
    01-20 02:48 PM
    This was expected.



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  • kittu1991
    07-17 07:18 PM
    We travelled last year from Kochi to SFO with no issue. Yes you have to go secondary room. Based on the number of people ahead of you, your wait can vary. But once its your turn it should take only less than 5 mins.





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  • supers789
    10-09 05:36 PM
    Can IV core put some light on -

    Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?

    If NO, any way to add that in?

    Thank!



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  • sandy_anand
    10-04 01:30 PM
    It was not supposed to be shown to Indians on IV

    Did you not read on the page
    [������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
    BTW: Please do not let Indian know it :-)

    Traitor.

    I hope you were just kidding about the "traitor" comment :-)





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  • karthiknv143
    02-27 11:09 AM
    CSPAN does not have it on their schedule yet.



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  • StuckInTheMuck
    04-29 05:39 PM
    Following up on my original post, NRIs flying in to India from swine flu-affected countries are not only being screened at the airports, teams of doctors are even going to their homes (http://timesofindia.indiatimes.com/Swine-flu-reaches-India/articleshow/4465683.cms) to do additional check-ups. Now, that is impressive!





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  • NYImmigrant
    12-06 01:00 PM
    Receipt numbers are worthless in my case. My application is pending in the local service center and i see the status message from Aug 2004. After that I was scheduled an interview, I did FP, I attended an interview, got stuck in the stupid name check, took 2-3 INFOPASS appointments.

    So what's up with the case status online ?





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  • psaxena
    09-01 10:42 AM
    was it EB2 or EB3





    gcgcgcgc
    10-26 05:44 PM
    I was surprised to see my AP in hand
    It seems it was approved on Oct 9 and my attorney received it on 22 oct
    I received it today to be very surprised as the online message still says case received and pending
    What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved

    Good luck to all

    Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.





    waitin_toolong
    10-26 12:49 PM
    her I-485 was filed befoer Oct 1st and she plans to use EAD. She need not have worked a single day or earned a single paycheck. She can enter using AP or H4.
    Withdrawing H1 is a good gesture thats all.



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