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images nature backgrounds and nature wallpaper summer_08. Summer #39;08 Image
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  • andy garcia
    07-30 02:54 PM
    but we do get the original FP notice , right?

    That is correct. I meant Lawyers get copies. we get the originals.





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  • clif
    07-29 08:10 AM
    Two other issues could be:

    1. You will not be able to travel on student visa. If you enter US on student visa, it is considered as abandonment of I-485 application.

    2. You need recent salary statements for EAD renewal every year.





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  • freddy22
    07-20 07:24 AM
    my son was charged with criminal mischeif 4th and a petty larceny charge - as a YOUTHFUL OFFENDER and under NY Law and US Law this is NOT a deportable reason for the INS to start proceedings - in othert words crimes charged under YOUTHFUL OFFENDER are not grounds for deportation or INS charges so is my research - am I right?





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  • rp0lol
    03-30 08:40 PM
    Congratulations!!!



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  • poreddyp
    11-13 10:56 PM
    I have a question about VISA stamping.
    I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
    My question is
    1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?

    2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.

    Thanks,
    Praveen.





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  • summer08 On a hot summer day



  • gc2
    09-22 05:24 PM
    Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met

    Job A: Techincal Consultant
    - Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
    - Basic working understanding of SQL Server, Oracle and related query language and tools
    - Consulting development experience in IT or Systems Integration
    - Excellent communication skills; written and verbal.

    Job B: Project Manager
    - Accomplishes project objectives by planning and evaluating project activities.
    - Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
    - Identifies resources needed and assigns individual responsibilities.
    - Manages day-to-day operational aspects of a project and scope.
    - Reviews deliverables prepared by team before passing to client.
    etc etc.


    On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?



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  • walking_dude
    12-12 04:12 PM
    I'm not surprised if there are Eb2 prior to 2000. Almost every employer substituted every LC they could subsitute just before the deadline to end Substitution. Some estimates put it at 175,000. So I'm not surprised it there are hidden Eb2s who have PDs prior to 2000 !

    Of course, none of them will come here and claim it !





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  • chi_shark
    07-16 10:55 AM
    now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

    willIWill, can you please post the exact wording on your RFE regarding that point?

    Hi Friends,

    I received an RFE last week. There were 3 points in the RFE.

    The first point in the RFE says,

    Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.

    Second Point and Third point are respectively

    Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)

    Employment verification letter stating the offer still stands as per EB visa petition.

    A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.

    My question is concerning the first point.

    Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?

    Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?

    Appreciate your suggestions

    Thanks in advance.



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  • kaisersose
    05-29 07:39 PM
    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?

    No one really knows. That means there is a 50% chance she may be right.

    However, it is generally accepted that it is wise to apply for 485 without delay as soon as the PD is current without waiting for I-140 approvals as these dates can retrogress again.

    Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.

    Look at the big picture and do not get into the money saving mode now. If you lawyer asks you to wait, get a second opinion from a reputed lawyer.





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  • Bhaskar_80
    06-10 04:16 PM
    Mr. gnutin,

    I really appreciate your help on this regard.

    Thanks a lot!



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  • perm
    04-05 03:29 PM
    paragpujara,
    I was in THE SAME situation like you last month.Current desi company sponsered PERM (not subsitute) in OCT'05 and I have a 140 approved. The clients offered employment with 1 year waiting to start GC and then to port PD. I gave it a thought and then decided on not joining the client full-time. Anything can go wrong or the immigration process can change in this 1 year of waiting time. If you bad luck is bad (can't stop laughing on tying this line) your porting of PD fails. your bad luck turn GOOD and Some bill passes which will allow you to file for EAD within this 1 year of waiting. I did not take the risk here.


    Hi GC gurus,

    I am in dilemma and seek your help desperately.
    Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.

    I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
    1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...

    2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?

    Please provide me your input asap as i have to decide very soon.





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  • dpp
    07-11 11:06 AM
    I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.

    Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.



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  • amsgc
    06-15 11:46 PM
    WE are in the same situation. Even our company lawyers said the same thing i.e no risk. However, a lot of messages I have seen recommend switching to H4; but then she will have to stop working for some time.

    If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.

    I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.

    Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!





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  • camphor
    09-11 10:01 AM
    My 485 application was filed on July 1st, 2007. Yesterday I received an email from my lawyer indicating that they have received the receipts for 485, 765 & 131 for all the applicants in my family.

    I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.

    1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
    2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
    3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:

    a) When did you receive the AOS receipts?
    b) When did you hear about the fingerprinting and how?
    c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.

    Thanks,



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  • renupond
    10-04 05:02 PM
    My self and my wife both are on H1B. Both are working for different companies.

    I filled I 485, EAD and AP through my company, for my self and my wife.

    Questions:
    1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

    2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.



    Your help will be really appreciated. :)





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  • jayleno
    08-09 10:17 PM
    Hi
    I have attended a Kaplan center in NY. Call Kaplan and ask them if they have the ability to sponsor an I-20. I know one in Manhattan(56th street) does.



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  • mps
    09-06 11:46 PM
    Wow ! This is going to kill real estate market for sure !

    I know my friends who live in apartment here in US but they have purchased investment properties in India.

    Certain metros had seen unprecedented zoom in real estate prices which was heavily supported by NRI money especially returning IT workers.





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  • calgary which developed



  • green_card_curious
    03-07 09:56 PM
    Thanks Stemcell. I am still on my H1-B, but my wife has been working using her EAD. We are seeing and hearing different things. We are obviously planning to appeal, but the problem is will USCIS cancel the I-485 immediately or will the I-485 be denied with the ultimate denial (after appeal, if thats our fate)? We are hearing it both ways, so am really not sure - but your friend's case gives me a little relief.





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  • Ann Ruben
    07-20 07:03 AM
    The outcome in a case like this depends on the specific State's criminal code, and the individual's specific record. I cannot tell you for sure that USCIS will seek to remove your son, but I would strongly advise your son and his criminal lawyer to consult with an experienced immigration lawyer before going further.





    TomPlate
    01-09 03:30 PM
    why i got red?????? I am saying it is going to be current.





    tejonidhi
    11-27 01:54 PM
    Hello GC_Chaiye,

    Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?

    MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
    thank you



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