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  • coolvigo
    07-11 03:43 PM
    I just post a msg saying we can file 485 if 140 is pending. But after reading some other posts, I realize that we can file it only if PD from the labor we are using is current. If we want to use PD from an old employers application, we need to have date ported on new i140 application before 485 can be applied.

    Is that true? In that case, 140 from my new employer is not approved yet.....so i cud not be able to apply for 485 here :-(

    My old PD Aug2005
    New is from 2007 sometime,.





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  • jliechty
    August 14th, 2006, 11:40 AM
    I'm sorry to react so strongly, also... It's important to remember that being there with the right light at the right time is what matters. Even if you've just got a drebel with the 18-55 or a d?0 with the 18-70, using the lenses at their strong points will make nice 11x14's or maybe even 16x20's depending on your taste for putting nose grease on your prints. ;)





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  • amits
    12-18 10:38 PM
    Hi All,

    Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).

    Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?

    THANKS IN ADVANCE!

    - Amit


    My visa:
    - I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.

    - With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?

    My Wife's visa:
    - she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
    Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?





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  • Cherry2006
    06-28 12:25 PM
    Guys...Thanks for the suggestions .

    I am planning to stay back for 1 more month ,i.e till end of July and try for a project. As it is near to impossible to get a H1 Transfer without a project, I would like to hold on for H1 Transfer for now. If l can manage to get a project ..say in 3rd or 4th week of July, can I be able to get a H1 Transfer approved without any issues or RFEs. My last paycheck was issued for the week ending June 28th, 2009. So I can provide a Paystub of only a prior month, if I apply for possible H1 Transfer. Will this be good enough .

    Please advise whether staying for 1 more month after H1 Termination should be fine or not, from the perspective of Job Searching and H1 Transfer.



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  • cableching
    08-14 08:23 PM
    My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.

    It seems like USCIS automatically ported the PD.

    My EB3 PD is April 2003 and working for the sponsored company.

    I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
    As a matter of fact, I completely forgot about this EB2 140 and this company.

    All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.

    I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.

    Please advice.

    USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
    You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
    There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
    Don't worry about contacting a lawyer, just update I-9 form with your employer.
    Enjoy the freedom.





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  • Hermione
    09-25 12:49 PM
    Has your namecheck cleared? Mine took 18 months to clear. I am current, too, but no movement on I-485. I am thinking if there is no news by 10/15, I am going to start calling around.



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  • vin13
    10-26 05:48 PM
    What you think , doesn't matter.
    Cant fly through FRANCE/UK for sure, without a valid US visa stamped.

    People had issues even with Lufthansa, but as per law on the German Consulate , a person should be able to transit through Germany. But i would avoid it.

    Emirates/Direct AI/Continental should be OK from East Coast.

    Alright. I did not realize that this was a case of no valid visa on passport. I cannot attest to that.





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  • kaisersose
    07-17 10:44 PM
    Today is a great day in IV history!

    We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.

    My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?

    Anyone with experience please help.

    Thanks in advance!

    Same as my case. This is not a problem. You can either send in her vaccine reports when she gets them or else USCIS will issue an RFE and you can send the reports as part of the response.



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  • go_getter007
    12-20 12:23 PM
    Given her passport is stamped, she can re-enter the US with her H4. No need for AP. It doesn't matter if her visa expires in early Jan.

    GG_007


    Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.

    Thanks in advance





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  • diptam
    08-14 02:04 PM
    If this Robin Williams google his name he will get too many Hits and will be amazed to see how popular/famous he is among immigrant community just by working as a mail receiver at USCIS.

    Poor fellow - Polls got created in his name :rolleyes:

    i am 7:55 NSC r williams too... no receipt yet :(



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  • Legal_In_A_Limbo
    04-28 10:07 AM
    have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.





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  • arunmohan
    01-10 11:15 PM
    I agree with sri1309. This is very very scary time. We need a special attention right now. Right now no one is sure that he will have his job tomorrow.

    We need to send a letter to Obama, Homeland Security Secretary and Ombudsman. Someone can take a lead to prepare a letter and that letter should be approved by IV.

    It is really important for us to take a decison by IV core because this is really a very bad time.

    Thanks in advance.



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  • shishya
    04-30 11:13 AM
    Hi,
    I am lost trying to find information on this.

    Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.

    However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.

    When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!

    Questions:
    (i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
    (ii) If yes, did someone else face a similar issue?
    (iii) If yes, is there a USCIS document I could send to satisfy their demand?

    I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.

    Please advise :(

    PS: FYI, they went to the Palghar court in Maharashtra, India.





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  • centaur
    02-23 09:42 AM
    There are 2 types of J-1. One is for researchers with no clinical training (practice of medicine), this does not require 2 yrs HRR. The other J-1 is for training in clinical medicien and requires HRR.

    Paskal,
    You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.

    A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).

    Could you please throw some light on the following:
    - Inspite of the visa officer's determination, is she still "a marked man"?
    - If you are subject to the 2 Yr. HRR, is mentioned on your visa?

    By the way, her research:
    - Is not funded by any govt. agency
    - Has nothing to do with medicine

    I will really appreciate your thoughts.

    Thanks.



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  • bbenhill
    03-05 06:28 PM
    Hi,

    My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.

    Any idea how to get insurance for her ?

    Really appreciate your help ..

    Regards.





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  • setpit_gc
    06-08 01:23 PM
    got 1st LUD on 05/31/2009 with message change.

    Soft LUDs so far:
    06/02/2009,
    06/03/2009,
    06/05/2009,
    06/07/2009
    06/08/2009

    Whats going on?. Any idea?.



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  • ishakapoor
    02-16 01:56 PM
    I don't understand ur reply. I haven't asked question of maintaining legal status. I am maintaining legal status. My question is very simple.
    What documents are required for COS from H1 to H4?
    Where is this question of maintaining legal status coming from?





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  • willgetgc2005
    03-22 07:36 PM
    Numbers USA cares about total number of immigrants per year.

    If you move visa numbers from EB1, EB2 and EB3 to EB5 with fancy tactics like hard country quota(What Specter and Frist bills are doing), they dont really care.

    They will be happy if the GRAND TOTAL of all greencards per year is brought down from number X to number Y. The grand total is a total of all Greencards: Family Based, Employment based, Diversity, Refugee etc.

    --Jay.

    IV is going full throttle despite all these depressing Immigration tactics being played out in Washington. IV is the beacon, to me atleast. Thanks guys for being so proactive and professional, not withstanding your regular jobs.


    Pls see the link below. Even BIll Gates is asking for increase in H1 and not in Green cards (Last time he asked for GCs too) Every one wants cheap labor. They know people will wait for GC for 10 years. I guess creating a second class wannabe GCs is good for the industry.
    We work hard in anticipation of GC

    http://www.samachar.com/showurl.htm?rurl=http://www.hindustantimes.com/news/181_1654992,0002.htm?headline=Bill~Gates~for~big~r aise~in~H-1B~visas


    For all the hype about retaining skills here, wonder what is going on. It makes one wonder if this country is worth
    it anymore. Seriously.





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  • Cherry2006
    06-28 12:25 PM
    Guys...Thanks for the suggestions .

    I am planning to stay back for 1 more month ,i.e till end of July and try for a project. As it is near to impossible to get a H1 Transfer without a project, I would like to hold on for H1 Transfer for now. If l can manage to get a project ..say in 3rd or 4th week of July, can I be able to get a H1 Transfer approved without any issues or RFEs. My last paycheck was issued for the week ending June 28th, 2009. So I can provide a Paystub of only a prior month, if I apply for possible H1 Transfer. Will this be good enough .

    Please advise whether staying for 1 more month after H1 Termination should be fine or not, from the perspective of Job Searching and H1 Transfer.





    onemorecame
    06-26 04:30 PM
    IS Bill Passed?





    lonedesi
    01-15 04:54 PM
    This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.

    You happened to be lucky since you had the option of Premium Processing. But now, even if we wanted to, we cannot opt for it. I am sure, almost 90% of the members who have been waiting for months together would opt for PP (for I-140) if it is available now. I wonder why USCIS has not reinstated PP for I-140 now that they are done with the major workload(receipting,AP,EAD) due to the VB fiasco.



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