Thursday, June 23, 2011

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  • santa123
    06-07 05:43 PM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.


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  • wandmaker
    10-24 01:00 AM
    One correction in wandmaker above response, if it helps

    B.Sc (3 years) + MCA (3years) = US Masters or Even M.E

    I meant to type M.Sc instead of MCA - Thanks for the correction.

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  • meridiani.planum
    07-18 11:39 PM
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?

    My main concern is on her status, any input will be greatly appreciated.

    Thank you.

    yes you can still file her 485 since you were married before your approval. upto 6 months of out of status is anyway acceptable for 485 filing, so dont worry about the 5 days.
    However get hold of a real good lawyer (Murthy/Rajiv Khanna etc) to file this case now so there is no screw-up again.

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  • jungalee43
    01-11 09:10 AM
    Nice to know that I could be of some help. Thanks for letting me know.
    Wish you good luck in your AC21 as well as GC journey.
    I think all of us would need to add one day in DC as a part of this journey.


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  • wahwah
    01-09 11:44 PM
    i assume you're using cross-chargeability of your husband's country of birth.
    if that is the case, swiss eb2 had current pd, so you should get your gc in 6-9months.EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

    Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.

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  • greenguru
    03-04 06:57 PM
    Hi saratswain,
    Please can you send me the format of the letter. I am in the same boat as ur are in.

    Thanks, g


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  • kernel_flash
    02-14 08:37 AM
    Congratulations to all the winners!
    this was really exciting :)

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  • wandmaker
    10-30 12:19 PM
    I heard walk-in is the best way to advance. ASC can accommodate, if they have low volume for the day

    Is FP Prepone possible

    If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.

    If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.



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  • bigboy007
    01-15 04:49 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.

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    07-15 10:56 AM

    My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,

    Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).

    Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:

    Any advise from Seniors/ Gurus.. :)

    Thanks in Advance


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  • dealsnet
    10-07 12:47 PM
    Your daughter is a citizen ?
    How she filed your I-485 ?

    My daughter is now 22 years old and filed I-485 on behalf of me in the year 2007. That time she was only 19 years.

    Now she is planning to get married before getting a green card. Her bride-groom is H-1 visa and not applied for labor. Will her I- 485 application be cancelled?.

    I am also porting to eb-2 in the next three months. I am hoping to get green card may be after Sept 2011.

    Suppose she gets married before the green card what will happend to her case. Please I need advise.

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  • ItIsNotFunny
    11-06 04:57 PM
    Glad to see your initiatives. But our focus should be different.

    The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.

    In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.

    Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.

    Please keep the spirit alive. Thanks.

    You are right. I guess GC for House concept may fly. Guys, think over it!


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  • snathan
    01-28 02:08 PM
    Post it in a relevant thread or create new one.

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  • Raj_2009
    12-16 06:25 PM
    Dear Yaja,

    Thanks for your detailed response and i see that there is a valid point in yours.

    Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?

    Thanks in anticipation.



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  • edaltsis
    09-29 10:59 AM

    I can give my consultant name and they r very good in salary as well as GC process. If you interested pls let me know.

    What do you mean by 'my consultant'? If you are working for a company, you are the consultant/employee but a company wont be a 'consultant'.

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  • niklshah
    11-11 11:26 AM
    i came back from India last week and officer did not ask me for any documents. I had copies of 485, 140 and labour ceritification and my few pay receipts but he did not ask me for anything, just parole document and it was stamped and i was out in 5 minutes he did not take to me to any room to ask any questions.

    hope this helps

    good luck


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  • desi3933
    02-06 08:12 AM
    Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.

    There is no status during the time I-485 is pending, unless, the person is maintaining other allowed non-immigrant status such as H-1, H-4, L-1, L-2. What commonly referred as "AOS status" is nothing but period of authorized stay.

    The pendancy of an affirmative application for adjustment of status is designated as a period of stay authorized by the Secretary of Homeland Security, during which an applicant does not accrue unlawful presence.

    [From the PDF file]
    b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" to include:

    (5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated) .....


    US citizen of Indian origin
    Not a legal advice.

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  • Prashanthi
    10-20 04:54 PM
    Try to file for a change of status from H-1 to H-4, include the hospital records and letter from the employer that your wife is on maternity leave, see what happens. If that does not work then you can think of leaving for a visa, you will not be barred for 10 years as you have not accrued unlawful presence, this is only accrued if your I-94 expires or the USCIS determines that you are out of status. However, going outside the country is risky as you may not get a visa and may get stuck outside the country. I would try to do the COS first.

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  • rr_immaculate
    08-05 08:20 AM
    The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.

    My attorney mentioned that "Automatic Revalidation" does not apply when you travel to canada for visa renewal stamping given that the original visa has expired.

    02-28 01:33 PM
    Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

    I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.

    WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
    WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

    But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

    Could this gap be a issue, That is why they are asking starting 12th April 2004?

    Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

    Please advice.


    I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...

    Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...

    Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...

    But you must check with lawyer...

    09-29 01:02 PM
    My suggestion is don't ask for a referral for a good consulting company.

    If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.

    They do not have set standards. Even if they have some on papers, I have seen none so far who follows those.

    They say we will give you 90% of your share. They meet you with smiling face and they talk very politely. And when you ask the Work Order to confirm your rate, they very conveniently change the figure and fax it over to you. This is not an assumption, I have seen it happening before my eyes.

    And most of all, they do not feel any remorse or guilt at all.

    So, please look for your own. Be careful. Avoid the ones who smile constantly even while chewing the biggest burger on their plate. :-)

    Find an American company. They know their state laws and are afraid to commit anything against those.

    Good luck, my friend!

    Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand

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