Friday, June 10, 2011

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  • Gigantic697
    10-20 02:43 PM
    Anyone guys...?

    I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.

    let me know if anyone has the same case or gone through this.

    Thanks





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  • frustratedbutpatient
    10-24 07:50 AM
    I visited last July. I arrived few minutes late but I was able to immediately meet with the officer. She was not helpful at all. Her answer was to wait. I had my fingerprinting last December and I should have received an interview notice since my wife petitioned for me. I haven't heard anything since. She refused to give me any answers. She said that my case was at another office. She refused to say what office and she said I had to wait for my turn. Reading a little on this forum, I realized that I should have been more specific when I asked questions. I placed an inquiry at congressman Levin's office and they got back to me in a week that my case is in security check but they never told me how long that would take. Yesterday, I called the national customer service and they said they would have the Detroit office communicate with me. I will wait for few weeks during which time I will gather a list of questions to ask for my next InfoPass appointment. Please help with the questions I should ask.





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  • pappu
    09-22 02:07 PM
    I'd like to think it was our media campaign letters that did it :)

    Yes. We got a lot of interest from reporters due to the letters and press releases members sent. The credit for all media coverage goes to each and every member who participated in the media action item.





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  • sanju_dba
    04-30 11:41 AM
    This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
    if ead renewal keeps you away from work, then i guess you can always be on a short vacation locally ...a month or two? i think vacation is allowed.



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  • samcam
    05-19 10:57 AM
    Welcome to our newest member TheHumanist

    3869 and counting!!!





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  • shana04
    05-18 05:43 PM
    Try Rajaguru Nalliah in Michigan. I hope that helps.

    Thank you very much, I retained an attorney.

    Thanks for you help.



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  • kiran_k02
    12-12 12:33 AM
    Hi

    My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.

    1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient. There shouldn't be any issue at the airport, I actually did not surrender my I-94 once out of ignorance and gave it to immigration officer on my way back. Anyway, As per your plan, take a copy of I485 receipt.
    2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..) London, you would need transit visa if you do not have US Visa stamped on your passport (even AP cannot help you here). I don't know about other Airports.

    Thanks in advance.
    Sree

    I am a layman like you, please do your research and talk to your attorney to get final confirmation on these issues.





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  • mohitb272
    03-19 01:17 PM
    No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...



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  • Karthikthiru
    06-15 10:00 AM
    I have enrolled in reccuring contribution and will be contributing after EAD card also

    Thanks

    Karthik





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  • s_prakash33
    06-05 07:46 PM
    i too got the same number of soft LUDs after nsc recieved the reply to the rfe. .... r we getting gc soon :) .. my pd is April 2004 eb3



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  • freedom1
    01-24 12:37 PM
    I turned out to be my I-485 approval notice!

    I just received it yesterday.

    Thanks all.

    Freedom1.





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  • mbartosik
    03-12 04:08 PM
    Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.

    WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.

    Any more comments welcome.
    e.g. raising via Congressman's office.
    Receipt date vs notice date of last transfer -- which sets the processing date.



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  • bsbawa10
    08-01 04:27 PM
    Another gimmick by USCIS. Another way of showing that it is working. Another way to bluff. Another way of wasting our money without actually doing what is needed.





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  • nepaliboy
    05-22 09:55 AM
    I saw your profile. You are from Nepal.

    As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).

    Your priority date is current.
    I hope that they must have sent for Name Check long ago - this should not be blocking.
    What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.

    For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at




    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC















    thanks but my RD is july 2nd 2007 taxes service center



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  • snathan
    08-05 12:06 AM
    My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?

    I noticed that the bottom part of the 797 has the same number as my old I-94.

    I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.

    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.

    http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf





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  • mallu
    04-15 10:53 AM
    I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).

    TSC waking up ?



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  • kondur_007
    07-24 10:26 AM
    ???

    It really will not matter a whole lot whether you mark Yes to all three or only to the third one. What you do need to do is attach an explanation (that your wife has filed 485, copy of 485 receipt and cover letter explaining that it was filed as a "dependent" petition to your immigration petition).

    This questions (all three of them) are designed to screen people with immigrant intent (the whole purpose is to answer the question: does this person have immigrant intent) and once you answer one of them yes, it serves the purpose.

    Immigrant intent does not matter for H, O, P visa categories as they are exempt from sec 214(b).

    So in nutshell, it would not matter whether you mark all three yes or only third one yes. If I were to be you, I will mark them all yes and attach the explanation (very brief, with highlighted statement that says that she has filed 485 and receipt is attached).

    Good Luck, and yes, send it ASAP...:)





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  • ajp5
    10-20 01:36 AM
    Thx for response.

    I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?

    You might need it.....you might not..When it comes to USCIS even God will not be able to predict. They might issue an RFE, might not. However, if you are with a bodyshopper and in IT I believe its common nowadays for USCIS to ask for 2 years W2s and recent paystubs to make sure you have maintained H1b Status.
    6+ months without paystubs - you should be ready to explain if they ask. I empathize with your situation. Running payroll taxes for an entire year is crazy...approx 20k..not to mention "ILLEGAL". My suggestion - try and find a project asap. Do what you think needs to be done.......Dont loose sleep over something you cannot predict. Everyone needs a break and you might get yours sooner than you think. Hang on..........ATB.





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  • sri1234
    02-11 04:14 PM
    As far as i know medicals are valid for 2 1/2 years.

    Answer to your next question is, there could be many possibilities.
    1. USCIS might have lost your original 693
    2. There could be something which is not clear in the original 693 etc

    Don't worry much. Just give them what they asked.
    Its good that they opened your file.

    I second krishna_brc





    chnaveen
    04-24 10:18 AM
    I understand the pain beacuse of these RFE as we all are waiting for our GC.
    There is no need to worry about these kind of RFEs. Just like and RFE asking for latest empolyment verfication letters and W2s, this RFE for Marrige proofs is also similar.
    As there is a possibility of the couple getting divorced, USCIS wants to make sure, the couple are still married during the entire process time of their GCs.
    It doesn't mean that, in every one's case, they send this RFE, It's just Random.
    And in case, if any one of the couple, sends any information to USCIS that they are not living together and a chance of getting divorced, then in those cases, USCIS sends the RFE.
    But in most other cases, it's just Random. We have to reply to that RFE with the documents such as, the Marriage certificate, any documents to show that you are still married and living together, like, any Bank statements with Joint accounts, Birth certificates of the recent kids born to the couple etc.





    qualified_trash
    11-16 09:53 AM
    there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.

    your information is not accurate.

    filing for AOS does not give you an EAD. You have to apply for it.

    There are many people who remain on their H1 after filing AOS as travel on a valid H1 with a valid Visa stamp is a lot easier than applying for AP etc...........



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