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  • wandmaker
    12-17 11:04 AM
    The letter does not say anything. It just says that your I-485 is denied. It does not give nay reason. It does not even say to appeal.. Thanks

    USCIS will not deny 485 with out issuing the NOID (Notice of Intend to Deny) Letter. Your attorney must have received it, usually you will be given 30-45 days to respond to RFE.

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  • martinvisalaw
    06-03 06:15 PM
    CIS should not have asked for an Affidavit of Support, but the other documents are normal. It is not unheard of for employment-based I-485 applicants to be interviewed, but usually they are not called if the priority date is not current. CIS might have confused your case with a family matter. However, you should attend the interview, and send all documents they request except the I-864. You can explain that an Aff. of Support should not be required in an EB case.

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  • mnq1979
    10-22 03:50 PM

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  • vegasbaby
    02-23 12:52 AM

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.


    Well, yes you can certainly abandon H-1 process & come back on EAD/AP. However, I would try some other consulate first like Hyderabad or Delhi. I believe since you have gone for H-1 extension, you can go to pretty much any consulate in India.

    My friend was issued a yellow form 221g or something @ Toronto Consulate. He went to Delhi & got his visa stamped. No questions asked.

    But you should wait to check if its PIMS delay. PIMS delays are generally resolved in 2 -3weeks.


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  • psaxena
    06-30 01:13 PM
    When I asked my attorney she said no you cannot.. thats what I quoted here.

    Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)

    On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?

    This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.

    I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

    Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

    Mr Saxena

    Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.

    Now on to the OP :-

    YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
    It would be a seperate case.

    It should not have any effect on your current H1 or 140.

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  • pasagc
    07-31 07:35 PM
    Sorry for my previous unfinished post....:)

    I am going to file my EAD by myself. My lawyer filed my I-485/AP on 11th July. She also gave me the Ups delivery document. Now I have the following q. regard to that.

    1. What will be the filling fee for applying EAD now?
    2. Since I am filling with the delivery document and not wait till I get the receipt notice for I-485. Is there any negative side with it?

    Please put some expert light on this urgent matter.

    One time contribution to IV: $100


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  • ajcates
    10-13 10:33 AM

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  • comstar8199
    08-25 06:45 PM
    I think someone should make a Pwnd smilie...

    and by the way Templarian Kalamazoo isn't too far away, I live there.


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  • cleopatra
    06-08 01:39 PM
    I could not attend this event. I am sending in my contribution:
    Transaction ID: 3DD07255HX188021C

    Thanks for all the effort.

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  • coolmanasip
    07-19 09:58 AM
    By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863


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  • optimystic
    04-23 03:46 PM
    What about EB1s? Were they also Unavailable in the interim July 2- July 17 blackout period?

    I believe so. As per the archived bulletins, (and also per my memory) , everything was 'U' in Employment based category.

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  • SunnySurya
    08-21 02:31 PM
    Just frustation my dear freind, just frustation, got any ideas about the Indian Job market?
    Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�


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  • kawosa
    08-19 01:11 PM
    I hear you, I've been in this country for last almost 10 years now. Came here to do my MBA too. The journey that began on Aug 2, 1999 is still continuing as of Aug 19, 2008... Anyways, best of luck to both of us.

    and again... congrats for passing today...
    go party and hope you have a great time :)

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  • gc_kaavaali
    12-09 10:53 AM

    Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..


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  • pd_recapturing
    08-24 02:49 PM
    I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
    First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.

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  • lghtslpr
    02-13 04:40 PM
    Personalised emails will add lot off value, sending mass faxes would create more business for Fellowes in selling more shredder. I woud request u to think again before you guys spam the offices

    I've been told by senators' aids that letters, faxes and email all have an impact. Politicians do not read them all, of course, but their aids summarize volume and content for them. I was told specifically that written letters carry more weight than emails, because they represent greater effort by the sender.



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  • milind70
    04-07 05:38 PM
    I went back to my home country in 02 in an emergency situation and didn't submit my I-94 as well. No questions asked when I got back. Moreover, no issues/questions when I went back again in 05 and came back to the US. I didn't send anything to the USCIS. Not sure whether it affects naturalization or not but so far so good on my 485.


    PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.

    Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
    Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.

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  • gccovet
    08-20 03:40 PM
    @acecupid: Thanks for the response. For me it is Chicago consulate it will take 10-15 days.
    which comes pretty close to my travel date. As you mentioned i do hope it will not be a problem.

    Also today I talked to the Indian consulate in Chicago they told me I can travel without any problem. As long as the passport is valid even it is the last day of the validity I should be fine with the travel. There shouldn't be a problem with the immigration officers during travel based on that.

    @kanakabyraju: Thanks for the advise. I might try that.

    For a valid visa stamp you need a passport with six month validity. But I have not seen any where for traveling you need a six month validity. If you personally experienced any problem while traveling with less than six valid passport. please post your experience it will help me and others.


    One note, at PoE, IO might grant I-94 only upto your passport validity date, Once you have new passport after coming back, you will have to contact your local CBP office to extend your I-94.

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  • aviko21
    09-29 06:36 PM
    its all normal...........

    they are not processing it as efficiently as you would like but its getting done...
    like for me i got my ead cards and a transfer notice within 2 days of check cashing but still no receipt notice..
    give it some time, they are under a lot of stress with the number of applications.

    07-17 03:12 AM
    Wow, I feel you. I've been in such situation. How big your company is? Whose lawyer is taking care of your case - yours or employer's? Try to contact the lawyer directly. Do you know if any violation regarding working conditions your employer has? If they are on shaky ground, you can be more aggressive with them. You can have several ways of pushing them.

    Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.

    When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.

    03-01 05:31 PM
    Thanks for the reply,

    because of this my H1 transfer will be denied any one face this situation.

    pls let me know

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