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Thursday, June 9, 2011

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  • ameryki
    02-13 06:30 AM
    CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.

    I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.





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  • I_need_GC
    09-09 11:33 PM
    Just because you entered on AP doesn't mean you have lost you h1b, it just puts it to sleep. if ur wife is on h4 she can stay on h4 as long as you are employed by the h1b sponsoring employer. To reactivate your h1b you need to resenter the us using your h1b visa stamp, if you don't have an h1b visa stamp you would need to get it stamped at a consulate





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  • PDOCT05
    10-31 10:53 AM
    Mine is similar case. While sending the application he missed the 2 pages of my wife's I485 application. He said he will try to send it again. Not sure what happens. :-((

    Did you got the Rejected notice back? These lawyers are big A**** they don't do proper job after getting money. In the mean time pls have all your congressmen and senator info ready to contact in case of rejection.





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  • nogcyet
    10-30 04:07 PM
    My FP was done on 09/21 and there is no LUD neither on my I-140 nor I-485 which is pending. Concurrently filed both I-140 and I-485 on July 2nd.



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  • sanju_dba
    07-22 04:20 PM
    is this is right?

    -> H1 (797 approval notice) is valid
    -> you enter USA on AP, you will get AOS status.
    -> H1 is still valid but unusable as the status is AOS.
    -> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
    -> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).

    PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.





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  • venky08
    06-24 12:42 AM
    Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.

    EB3 (other workers) were unavailable in july 07 bulletin...that does not mean they were stopped accepting applications without notice...Arkbird do you agree on this explanation?:confused:



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  • cooldude
    07-19 09:58 AM
    po box is for usps delivery only. fedex doesn't delivery mails addressed to po box.

    Thanks a lot. It should be fine I guess then.





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  • ramus
    07-04 03:47 PM
    Good finding...

    Please post this on http://immigrationvoice.org/forum/showthread.php?t=5994&page=21



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  • common1
    01-25 06:54 PM
    sameer2730:

    I am sorry for the misleading title...but it was meant for light humor. Emotions run high on this forum so I will keep your suggestion in mind when I post in future.

    Thanks.





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  • gc_aspirant_prasad
    07-13 05:24 PM
    done



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  • yabadaba
    07-09 04:31 PM
    sledgeehammer...this is eb2 india poll. retrogression happened in october 2005 for eb2 india... how will someone with a 2006 priority date file their 485?

    gcchahiye has
    clearly said do not include the july filing as a factor in this poll.. he used the macaca color scheme also





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  • Dhundhun
    06-11 10:05 PM
    I sent it using United States Postal Service (usps). I did use full zip code (75185-2401). I also used usps return receipt, which means somebody from USCIS has to sign this form.

    Return receipt is problem for PO Boxes. This is unattended. Not sure who signs it. Generally they put a paper in Mail Box., and based on that someone will be picking from Post Office.

    This is the reason for it - so it will be delivered.

    I just use delivery confirmation for P.O. Boxes.



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  • jinger
    04-02 08:44 PM
    I am not surprised at logiclife's or the poll's reply. IV is an ultra-narrow organization that seeks to satisfy the founders' self-interest only. Don't be surprised if they drop you all like a hot potato once their interests are satisfied.


    "Immigration Voice" is a misleading name here and a very good cover for raising funds for the founders' self-interest. This talk of making America a better place with their skills does not hold water. They have no concern for other "classes" of immigrants or future immigrants.





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  • homers
    04-09 08:49 AM
    As long as your H1-B application is still being processed, you should be IN STATUS.

    For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.



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  • bp333
    09-25 01:12 PM
    "july 12 2007" will be the important date. It will be there as an USCIS stamp in the App. You can re-submit this app in Oct 2007 even if there is no visa available for your PD in Oct, 2007. It will be treated as if it was received on "july 12 2007".

    Thanks a lot.





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  • bang
    02-10 04:50 PM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

    There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.

    Please consult with a good Lawyer and confirm the same



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  • roseball
    01-30 03:12 PM
    I checked online for my daughter's 485 and it shows approved and document(possibly GC):eek: mailed on 12 Jan. But my status shows RFE stage. Another interesting thing is my daughter got fingerprinting for Jan 15. She has already done fingerprinting with us in Dec 07. Even if it was to be approved for my daughter how it can happen that she goes for FP on 15 Jan and they mailed document. I dont know what is going on. Any suggestions?

    Since your PD is not current, I would assume the online case status of Document Production could possibly mean a finger printing notice that you received for her. Having said that, for some cases it is not unusual to receive a fingerprinting notice after I-485 approval. In such cases, though I-485 is approved and approval notice is sent, the physical card is not produced until the applicant completes the fingerprinting formalities. In your case, in my view, the online case status just refers to finger printing notice. But who knows, its USCIS and anything is possible.





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  • drsnh123
    06-20 07:48 AM
    thanks for the reply guys. if some more people can give their opinions , that will be gr8
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote





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  • monkeyman
    10-11 01:00 PM
    Hi,
    I do not if I had the same situation as yours - however, this is what happened to me:

    1. I completed the Masters in 2003 - all course work and required credits by fall of 2003. PD for the LC was on Oct 28, 2003. I skipped the convocation ceremony (due to lack of funds) - yes, I lived on Campbell soup for 3 months. Initially, I had planned on attending it - however, circumstances changed. After some work, I got the degree on March 2004.

    I got an RFE saying I wasn't eligible because I got my Masters after I applied for Labor. So first of all I got the letter from the dean of the university detailing the chronological events of credits completion and a justification for getting the late degree (stating about convocation and missing it). The lawyer drafted a response and referred to the dates in the letter issued by the dean and dates on when the credits were issued citing the administrative delays on my part.

    Put it all together and send it and I-140 got rejected after 3 months. Then we opened a MTR and resend the package again and everything went through. Its not a death blow, but it involves quite a bit of running around to get a letter from the university and then have the dean approve it.





    delax
    07-19 05:44 PM
    Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS

    Thats informative. My receipt is SRC-07-264-XXXXX. The received date is July 2 and notice date is Sept 4. I dont think my application was received on the 264th working day. Even if you consider Sept 4 as the 264th day, that means that there are about 274 working days in a year (Fiscal -Sept 30 or otherwise). That seems too high!





    Anders �stberg
    May 31st, 2004, 04:10 PM
    Hmm, I'm a Sci-Fi and Fantasy fan, but haven't read the Discworld books. Maybe I should give them a try... but isn't there something like a gazillion books in the series?