Sunday, June 12, 2011

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  • pani_6
    07-03 12:06 PM
    OK if I go the convert to Eb2 route..when do Ihave to shift to the new employer..after the new PERM is approved or after the I-14o is approved??.

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  • hellomms
    05-27 03:29 PM
    Guys, I have added information in the original thread, please refer to the link below and add your questions, concerns or comments there.

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  • go_guy123
    07-14 10:16 AM
    I have my I 140 approved and No I 485 has been filled yet. My brother became US citizen so I would like to file for I 130.

    As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?

    Check out the visa bulletin. There also the backlog is 12+ years for F4 - India category. So if you apply will get in 2021 !!!

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  • dasmilan
    07-17 07:27 PM


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  • rb_248
    08-19 03:30 PM
    I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
    a. medical records with child and both parents name
    b. hospital records with child and both parents name
    c. census records with child and both parents name
    d. school records with child and both parents name
    e. religious records with child and both parents name for naming ceremony.

    I do not have any of them, at the most the school record is 10th grade with only fathers name.
    Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.

    EB2- India/
    PD: June 2004
    RD; July 1 2007

    rajarao - I have this suggestion. My employers did something similar for my LC audit, which is different from I 485. But, the point is to look for an equivalent substitute.

    Do you have any sustitutes for the above ? Such as LIC policies with beneficiaries, ration card, voters registration, driver's license anything ? If you do, then call USCIS and explain what you are sending and the significance of these documents and find out if acceptable.

    It looks like they are looking for an authentic document showing son's and parent's names.

    Gurus, what do you all think ?

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  • rique71
    05-17 02:43 PM
    i have a friend from mexico that got here cause she married a us citizen, well long story short her green card expires on the 21st of august she has an appointment on that day for what i think is to get her permanent residency. well her problem is that she just caught her husband cheating on her and doesnt want to be with him anymore. but she thinks if she leaves him , she will destroy her chances of getting her permanent residency. how does that work? is she forced to stay with him even though he mistreats her and cheats on her to be able to get her residency? any responses would be appreciated . thanks in advance.


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  • Almond
    11-11 11:26 AM
    So close and yet so damn far.

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  • nomorelogins
    11-27 12:56 PM
    I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

    My question is how do people intend to leverage on having an EAD for a higher salary?


    i guess the real benifit in terms of salary is for persons working for (desi) contracting/consulting firms who gobble up most of the profit.


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  • kaisersose
    07-27 12:57 PM
    There was a joke on something similar. I hope no one finds it offensive. It is just plain funny.

    This guy walks into a sex doctor's clinic and begins with "My friend has a problem..."

    Doctor: Ok..Take off your pants and let us have a look at your friend.

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  • bp333
    10-29 04:31 PM
    Thanks for your info..and I wish you good luck. By any chance are you aware whether i need to send new fees or old fees? As a precaution I am going to sending the diff amount in a separate check.

    They should be OK with the old fee, however to be safe I would send an extra check to make up the difference for new fee. Explain it in the cover letter and let them decide.


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  • totalvisa
    04-25 08:39 PM
    Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

    After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was basically, by the time I received the notice in the mail, I was already out of status.

    If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?

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  • sukhyani
    01-27 10:51 AM
    Birth Certificate didnt have my name and my stupid lawyer had not submitted the employment letter. We then submitted my parents' affidavit, school records and employment letter.

    Later on my case was transferred to National Benefits Center and now this interview.


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  • rsayed
    04-30 03:09 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

    ...Now, THAT was quite a scare! Thx. for the clarification.

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  • lostinbeta
    10-05 04:08 AM
    That sucks about the comp not being able to take it. I know what that is like all too well.

    I have been using Photoshop since April 2001. I started with Photoshop 6 and now I have 7. It sometimes lags on me when I create large 1024x768 wallpaper images and such.


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  • Shivani
    02-23 11:36 AM

    Thanks for the response.

    One quick clarification:

    a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?

    b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?

    c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?

    Again thanks guys! Have a great day...


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  • virtual55
    04-26 06:55 PM

    I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.

    As I said in the main thread ( it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.

    Thank you to them and every member who does his or her part in big and small ways.


    Berkeleybee : I take your acknowledgement, but still think I am contributing very less when compared to what core team is contributing.

    I am working for Freedom to legal immigrants in US.


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  • eastwest
    04-16 04:08 PM
    You dont have to answer that question. They have all your records, just provide your A# and they will find out.

    I chose to answer the questions with * only which are required fields.


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  • gc_chahiye
    08-15 05:32 AM

    I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:

    1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?

    yes. Remember again: GC is for future job.

    2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?

    yes, provided you stayed with this company for atleast 180 days and have another employer here with whom you are using AC21 (ie. he will provide a future employment letter to USCIS in case you get an RFE.

    3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?

    you typically need to visit every 6 months, pay all taxes here and if possible maintain residence here. YOu will also typically apply for a re-entry permit when you leave like this for short-term to India. I believe REPs are granted for upto 2 years at a time. What you are trying here (stay outside the US for long periods after getting GC) is potentially risky for your GC.

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  • apnair2002
    09-08 02:12 PM
    Great Work Shilpa

    08-05 11:51 AM
    Hi, I wouldn't bank on what officer says as it is not binding. You need valid AP to enter US and there should be no confusion about it.

    You should take Employment verification letter and latest stubs although it is not 'required'. I believe your July 20th pay stub should be sufficient but if you have access to your latest electronic pay stubs(ADP website) it is not a bad idea to print them out. Otherwise don 't bother.


    I read in one the post here at

    a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
    But I am not sure whether it is true or not alway check with Attorny for the same.

    On other post, is it required to have paystubs while travelling?

    I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?


    12-18 05:02 PM
    I'd like to share an experience, because it made me laugh.

    I got a notice to appear at Superior Court in January to perform Jury Service.

    PD - 25 Nov 2002 SWA - California RIR EB3
    45-day letter - 11 Feb 2005
    Labour Certified - 30 Aug 2006
    i-140, RD 16 Oct 2006: ND 20 Oct 2006: AD 24 Oct 2006

    waiting for EB3 visas to move beyond Aug 02 so I can file i-485

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