Tuesday, June 7, 2011

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  • desi3933
    06-24 12:13 PM
    ..........

    My questions are:
    1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
    2. Will her EAD still be valid if I leave my job ?
    2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?

    Thanks a lot for your time and attention,

    1. No Impact. Since you have been working for GC employer for a while, you can use green card to work for any employer, study, or not to work at all.
    2. Her EAD is based on her I-485 application. Her EAD will be valid.
    3. See #2.

    Good Luck.


    __________________
    Not a legal advice.




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  • shana04
    05-15 10:51 PM
    For my Spouse
    2. Evidence that you maintained non immigrant status


    For my spouse,

    We have applied for I 485 after our visit to India.

    1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94

    How and where can I get a copy (I never made a copy of that).

    Note: Spouse passport has stamping but the requirement is copy of I 94

    any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.




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  • paskal
    08-14 04:02 PM
    July 2nd 8.46 AM received by PITCHER[Aug,14 16:59 ET]
    July 2 - Fedex - 7.55 AM - Recd: R Williams[Aug,14 16:58 ET]
    NSC July2, 1025AM J.BARRETT[Aug,14 16:58 ET]


    is this not going a bit far????

    c'mon iv'ers, check out iv-merchandise, volunteer, contribute, call friends, ditribute flyers...so much to do!




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  • dask
    12-09 03:42 PM
    Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.


    Sent u a private mail



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  • zilmax007
    12-02 03:53 PM
    Same here.
    Mine & my wife's 485s were wrongfully denied last year.
    We gave USCIS a chance to fix their mistake on the file. They fixed it.
    If they shouldn't have fixed it , I would be a mini millionaire by now :)
    But, my online status still shows as denied. Last month we got our
    EADs and APs renewed without any issues. So, I don't care about the
    online status.




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  • hojo
    09-07 11:48 AM
    yes, i am definatly lost in beta.

    sorry, i have to say again, you're sig is really cool lost.



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  • ups
    03-27 02:42 PM
    Could you please link the relevant information.It would be nice to know about it.

    thx


    http://murthy.com/news/UDh1iii.html

    If you go outside of US for more than one year than only you will be count against quota.If you were on H1 and stopped working for more than one year and still in US than also you are not counted in quota.




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  • Singer
    10-21 11:06 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer



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  • gc_lover
    06-25 09:33 PM
    I am not sure about what went wrong with H1/H4 situation. But if you are worried about filing your 485 then you can go ahead with it and later you can add your spouse to your 485 application. Try to get your spouse back ASAP.

    Please check with a lawyer before doing anything.




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  • virald
    08-05 02:44 PM
    Filed 485 in vermont service center

    --------------------------------------------------------------------------------

    I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.

    anyone else in the same boat?

    Here you go --
    1
    Q6: What happens if an application is filed at the wrong Service Center?
    A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.

    From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    You should be okay.



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  • Steven-T
    February 20th, 2004, 11:13 AM
    Oooops, too late. All got before lunch break. Next will be better and cheaper.

    Steven




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  • roseball
    10-16 04:33 PM
    Hi,

    My friend is in a unique situation and needs help. Please guide him with his queries.

    **************************************************
    I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

    My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

    My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

    We didn't specify about GC labor on H1B/I-94 extension petition.

    My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

    Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
    ************************************************** *********

    Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.



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  • abhay
    01-03 11:13 AM
    Yea, Dont let those european countries charge you for few hours of airport stay, They are taking advantage of people in the name of 9/11. I travelled via Middle east from DC, travel is shorter by 2 hours




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  • stylepoet
    10-29 01:02 PM
    I can't find any reference on this forum to E2 investors. We are the skilled, motivated entrepreneurs who come here, invest heavily, employ citizens and have no path to permanent residence. Our children must return to their country of origin at age 21, regardless of how long they have lived here. We ourselves must renew our visas regularly and live in fear of denial.

    E2 investors need support in our quest for reform. Is there any room in your organization for us? We will go anywhere and do anything to raise awareness of the injustice of the current immigration laws. The DREAM Act was (thankfully) defeated yet again and should continue to be defeated until it includes all immigrant children, not just illegals.

    Those of us who come here legally should be at the top of the list when it comes to reform. Can we band together to make our voice even louder?



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  • wandmaker
    04-28 08:50 AM
    what if they are both used in the same sentence for the same case like they did for OP ? :)

    My best guess is :D

    pre-adjudicated under review = it is not over yet :)




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  • setpit_gc
    06-03 01:56 PM
    TSC received my RFE response on 05/27/2009.

    I got 1st LUD on 05/31/2009 with message change.
    I got 2 soft lud on 06/02/2009 and 06/03/2009.



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  • SL%%
    03-02 01:00 AM
    I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).

    My six year visa expires in Sep 07, 2009

    a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
    b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
    c) Can we include the dates for some one is physically not present in US
    d) What supporting documents are needed to prove that some one was not present in US?


    Thanks
    Senthil


    a.) true, like me
    b.) as far as I know, it doesn't matter. what is important is you should get your extension filed before Sep 07, 2009 (should be with USCIS on hand). so basically by now Mar. 09, you can start filing for your extension.
    c & d.) I don't understand this, are you out of US?



    Hi, my H1-B expired on Feb 6th, 2009, I have EAD based on I-140 approval and 485 pending (EB3 ROW). Can I apply for extension of my H1-B or do I have to switch to EAD since H1-B expired?


    H1-B extension = yes you can, either your second 3 year extension (total of 6) or the yearly extension after the 6th year until you get your GC.

    IMHO, better to go both H1 extension AND EAD but not necessary UNLESS you want to change employer. if you want to change employer then EAD is a MUST because your H1 is based from your current employer. on the other hand, if you are staying on your current employer and no plans on getting out then H1B-Extension is good enough.

    The reason why it is safer to have both H1-Extension and EAD is that, just in case for some reason your current employer fires you or something goes wrong with the company, you have a safe haven on an EAD because you can work (same occupation of your H1) legally and need not worry of your status.




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  • bho123
    08-11 11:33 PM
    Guys
    I have filed for my renewal EAD on May 29th at NSC. My current EAD expires on Sept 24th. I havent got the renewal EAD yet, where as my wife got it both applications were sent in the same envelope. I am working on EAD and am losing sleep since if my EAD doesnt come in time I will be out of my payroll.

    Has some one gone to the local USCIS office to get the interim EAD recently? I was told that option no longer exists.

    Can some one post the FAX #s to expedite EAD requests?


    yes that is true, Local uscis no longer provides interim EAD. they just place a request for interim EAD from their office only after your application has crossed 90 days from the receipt date (not notice date).




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  • SunnySurya
    08-04 09:35 AM
    I came to know of a case where this gentelman who has PD of Nov 2002 EB2 has his case pending at Nebraska for a really long time. His Name check and other formalities were cleared and no body was sure the reason for the hold up. He had numerous infopass appointments as well as written to various lawmakers etc... After getting tired of doing all that he decided to take 15 days off from work. And do you know where did he go:
    He went to Lincoln, Nebraska.
    The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.

    So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.




    martinvisalaw
    04-02 01:18 PM
    As other posters have said, your wife should file her H-4 extension ASAP, requesting a backdated (nunc pro tunc) approval. I have done a number of similar cases and had them approved, but this is no guarantee that your wife's would be approved. She does need to explain the delay in filing, and be prepared to leave the US if there is no decision on her extension by about mid-July.




    krishnam70
    07-17 05:58 PM
    Hi,
    This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).

    My request to all IV members is to give me some advice that I can pass on to him.

    Please help !

    I think we are looking at severe backlogs (sic) once 485 is filed, so your friend can happily marry(quickly) and file I485 and bring her here too. Its probably going to take a long time to reach the current status anyway after this bulletin. But I suggest marry in his current status - H1 , then she can come in as H4 and file for 485 along with him

    cheers



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