Sunday, June 12, 2011

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  • snathan
    12-19 10:32 AM
    History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.

    Makes me wonder if there is enough awareness about our cause.

    Contact the History channel and ask the same question.

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  • yagw
    12-07 08:06 AM
    My wife's EAD expires later this month. She doesn't intend to work; so does she need to renew her EAD? She doesn't have another status like h1 or h4. Will she be out of status when the EAD expires?

    The bigger question is that I got my GC a few months ago; but she hasn't got hers. We had an interview at the local office; the officer said he's recommended approval of the 485 and we should get it soon. This happened 2 months ago and still we don't see the 485 approval. The officer also mentioned we could go to the local office any time and get a GC stamp in the passport. Is this true? Can we just take an infopass and get the stamp right away? Do they do that? I called the call center but they just say it's pending and they won't give me any information.

    really appreciate your advice...


    For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.

    For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.

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  • LC2002
    09-23 09:58 PM
    I am July 23rd concurent Filer (Texas service Center), day before yesterday received FP notice but no other reciepts. wrote email to Lawyer to update.

    Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now. D

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  • Misha79
    04-01 10:05 AM
    Hi all
    Thanks for your suggestions.

    First thing ,i should get visa dates then get my flight booked accordingly.I know both things are difficult to get synchronized thats why i am trying to gather all details ahead.

    Lockers is a great idea ,i dinnt know about it.

    Because of all the distances from delhi to native places and time shortage i have to do this.

    So taking taxi from Delhi , i am pretty scared as i heard bad experiences. My couple friend got their certificates stripped of in delhi while they were going for visa.


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  • WillIBLucky
    06-14 11:22 AM
    Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.
    I thought once your EAD gets approved then you H1 Visa is not longer valid.

    You could keep EAD and H1 together active?? Any experts, could you please throw some light?

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  • ampudhukode
    03-24 07:01 PM

    This was his first job after graduation and has remained there since, so there is only one co to show experience from.

    I guess I will ask him to get something addressed for some other purpose like Tom suggested.


    Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.

    The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.


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    05-11 01:43 PM

    I talked to the FAO and they seem to understand my situation. I just want to see if my wife qulifies as 'Qualified Non-Citizen' because she has not used her EAD as of yet and neither I have used my EAD or AP.

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  • paskal
    06-20 12:52 AM
    my knowledge is also limited...
    but from my J1 days this is what i understood:

    J1 is NOT a dual intent visa.
    All J1 have some requirements to fulfill before applying for GC
    For physicians it is a 2 yr Home requirement OR underserved area practice
    For researchers etc a No objection is needed from the home country for a waiver
    Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
    Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.

    hope that's helpful.


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  • krithi
    02-18 05:05 PM
    I recently returned from India, had a valid H1B visa, but the immigration officer insisted on using AP, my attorney suggests i need to change back on to H1B, any thoughts on this?


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  • ivar
    07-12 06:30 PM
    Is it legal to file two I-485's ? If anyone can point to exact legal document or clause number.


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  • rkumar18
    10-26 02:39 PM
    I had my FP done at San Jose ASC and It took us around 15 min for the entire process of filling the forms,waiting to be called for FP and doing the actual FP.

    The lady asked me to sign on an electronic pad(some people reported that they were asked to write their full name and sign at the bottom) which I did and she gave us some feedback forms to fill out and drop in the suggestion box.

    It was easy for me to locate the ASC because i used to commute by Charcot drive to take 87 on my way back home from my old office :)

    A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!

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  • helpful_leo
    02-03 06:42 PM

    I am trying to draft a letter that specifically addresses the above 2 concerns in the PACE bill. Not including current PhD graduates in it will delay any potential benefits from this part of the bill on retrogression by 5-8 years, which is when new PhD graduates joining on F4 will graduate (the current PhD candidates will otherwise use up EB1 and EB2 numbers through their employers.)

    Excluding life sciences again would reduce the benefit on retrogression by ~60% than otherwise, bcos > 60% international PhD students (may be closer to 80%) are in the biological sciences (most students in other fields try to do a Masters and then look for a job.)

    I would welcome if IV could publicize this aspect of the PACE bill and the need to amend it.


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  • sunny1000
    10-10 01:32 AM
    the reason is faulty data uscis and dos has been publishing.
    And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)

    rofl :):):)

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  • anai
    09-22 08:51 AM
    just FYI, came back via SFO and had no reentry issues.

    Great. Good that you went and good to know that there were no issues.


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  • hersheygaile
    09-10 12:13 AM
    I am already in premium processing.They send my papers to USCIS last sept 1 and until now i haven't received anything from them

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  • greencardvow
    07-18 06:12 PM
    Did you change your address. Sometimes they send denial at the old address. Also you need a lawyer now with the print out of the page where it lists pending. This forum cant help with this situation as an appeal is needed in your case.

    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.


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  • coopheal
    12-28 07:34 AM
    Currently EB3 is on May 01
    What are the chances of EB3 also getting stuck around Jan 03.
    Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??

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  • indianabacklog
    06-25 11:35 AM
    Had to pay all fees myself. Filed myself so no lawyer fees.

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  • supers789
    07-18 04:10 PM
    I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.

    Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.


    06-18 01:05 PM
    Ask for the copies and doctor will give copies of all reports.

    Will the doctor share the results of the Tests with us ?Can we assume if we get the sealed envelope ,every thing is fine ?

    06-25 05:07 PM
    sure, pls verify with lawyer to be safe

    common consensus seems to be -->

    if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
    But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
    After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
    After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
    Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)

    hope this helps...

    I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.

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