Wednesday, June 8, 2011

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  • zoooom
    07-17 07:18 PM
    my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers
    Just a reminder...the deadline is Aug 17 and not july 30





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  • roseball
    10-26 04:42 AM
    Shouldnt be any problem..But I suggest to file for withdrawal asap if your wife is not planning to leave the country immediately...Because, she is legally out of status if she has not started working since Oct 1st (Though one can argue on this as she has a AOS pending too)...If she leaves the country immediately, she doesnt even have to file a withdrawal...She can leave the country and either enter on AP and use EAD to work or get a H4 Visa stamped, enter on H4 and use EAD to work....Either way, I dont see any issues here....





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  • jscris
    July 18th, 2004, 12:10 PM
    ... :p
    I think I already have for birds. ;)





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  • pcs
    01-05 04:55 PM
    also please put a message on the message board of www.miIndia.com in TELGU & all other Indian Foregn languages

    This helps to unite the cause

    Today being the weekend is the best day



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  • pbojja
    06-25 02:14 PM
    I was in the same situation and visited canada and requested new I94 and got it , I m on H1B and this is in March 2008
    AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

    AVR is used, when travel is less than 30 days, Visa is invalid and I94 is valid.

    As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

    Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


    You have valid Visa.

    #1. You go to India and when you come back, you get new I94.

    #2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

    #3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?





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  • fide_champ
    02-15 01:22 PM
    Thanks to everyone who replied.



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  • yestogc
    07-07 10:04 PM
    How can we know the status of 485, I mean is it pre-adjudicated or not ??

    Also what is this POJ method, can you please enlighten.





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  • kirupa
    04-25 10:04 PM
    No I haven't - it'll be a few days before I get the time to add the stamps up :P



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  • virginia_desi
    02-13 03:28 PM
    PD: October 2, 2002
    Country: India
    First Labor: EB3 (approved in May 2006)
    First I-140 approved: July 2006
    Second Labor: EB2 (filed in June 2007 and approved in December 07)
    Second I-140: Filed in January 2008 requesting retention of priority date
    I-485: Filed in April 2008
    Second I-140 approved in August 2008 with incorrect priority date
    Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
    USCIS email on February 9.





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  • snathan
    02-15 11:55 AM
    Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?

    I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.


    Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)

    The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.

    DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.

    In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.

    Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.



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  • ak_2006
    07-08 04:38 PM
    If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.





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  • gandalf1234
    02-10 03:58 PM
    Sharma ji -

    I heard 6 mths but there is no written rule .

    Please do not hijack my thread .....

    This thread is about H1-Extension pending after 485 approval



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  • sheela
    10-12 02:45 PM
    please, poll your PD here





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  • inthehole
    08-24 01:15 PM
    "You need information or other services"

    I used this option. I tried in the afternoon around 1.00PM
    Hope this helps!

    Hi aps1,
    Thanks for your response. I selected the option you mentioned and I am able to get the appointment.

    The reason for my infopass is its been more than 90 days since I filed for EAD. There is one option specifically for this scenario. When I selected this option I am getting "No appointments available" message for the past one month.

    May I know what is the reason for your infopass?. Is your infopass is due to the delay in EAD renewal process?



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  • anilsal
    11-16 10:43 PM
    I think healthy trade/economic relationship with economic potential powerhouse INDIA is important for the US in the long term. That is why the deal was a done deal long long ago IMHO.





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  • Adam
    08-20 01:03 PM
    That is awesome and hilarious. Instantly my fav smily (bumping :trout: )
    looks like we have a winner!! Temp, I say you take a shot at the Ya' RLY one as well - you might surprise yourself!



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  • northstar
    01-21 04:06 PM
    Your Emp A may say anything, but if he revokes your I-140 before you file AC-21, then you will be in trouble. It is always safe to file CA-21

    I-140 cannot be revoked now, he is already past 180 days limit





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  • immiusa
    06-17 12:04 PM
    Do not worry. Your mail will be delivered eventually. You probably need to wait for couple of days before the system gets updated with good message "delivered".

    In my case, I had to wait for 4 days. I was expecting a return packet at my door. Four days later, I realized the packet was actually delivered to USCIS.





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  • bajjuri77
    03-27 10:39 AM
    To answer your questions:

    1. Transfer from H4 to F1 is very straight forward and you can do it yourself. I did the same for my wife.
    2. You need to show 1 yr expenses in your account.
    3. One year should be fine.
    4. If your parents want to fund her study, then you have list them as one of the sponsor and then show the money in the bank.





    purgan
    04-26 02:52 PM
    vikki76 may have gone a little overboard with the salary statement, but the rest is true....there is simply more information stored in govt databases for a foreign national, hence more rigorous screening is possible





    kaarmaa
    10-12 05:09 PM
    I saw this article about eliminating the diversity visa program and using those numbers for EB categories.

    Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)

    Will this do us any good?

    Thanks



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