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  • waitin_toolong
    11-21 09:43 AM
    the above scenario was if you were mnaintaing H1 status. if you are working using EAD then ofcourse your current status wont be H1 bur AOS hence you will send proof of that.

    The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.





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  • babu123
    10-08 07:08 PM
    bloody bulletin . never moves
    I am still short of 16 days.





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  • harryom
    03-24 06:05 PM
    :oCan anyone explain to me how to create new thread, I don't see any options.

    Thanks Gurus':o
    Mr. HarryOm,

    I was really hoping to get my question answered thru this thread. Can you please open another thread for yours ?

    Thanks,
    ampudhukode





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  • uma001
    11-16 04:51 PM
    so, 9 days means urgent....



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  • harryom
    09-07 09:15 AM
    :(My comapny send my package to Nabraska Center (received on 26th July)!!

    None of my checks have been cashed and also I didn't receive any receipt so far....

    IS IT Normal?? Any one in the same boat!!

    Please update!!
    Thanks





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  • kiru_99
    10-31 11:34 AM
    It was rejected on Sep 22nd. Lawyer got the letter long back. But he didn't get back to me infact he didn't know about rejection untill I called USCIS & found out the issue & informed him. I think he miss placed my rejection letter. He took 1000$ more from me for giving fast service.
    These lawyers play with our lives.
    Is your case accepted now??



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  • glus
    08-10 09:49 AM
    Hi,
    I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.

    There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.

    Is it a given that USCIS will find this issue?

    I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
    I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.



    I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
    Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.

    Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??

    Greatly Appreciate any reply.

    Thanks!

    245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.





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  • Ann Ruben
    01-20 09:11 AM
    Abhay,

    Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?

    Ann



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  • gnrajagopal
    08-19 02:16 AM
    Your concern seems valid.
    gnrajagopal, i would call USCIS customer service and talk to them about this.. better to get it confirmed.
    I am inclined to believe that you are approved.. they just haven't updated their system yet or mabybe the system didn't get updated somehow.

    Spoke to a friend of mine. He said he recieved his 140 approval but till this date the system shows that the case is pending. I will probably call uscis tomorrow.

    Does anybody know the easiest way to reach a customer service rep at NSC?





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  • WillIBLucky
    11-17 10:47 AM
    MY intention was not to make this India Specific, but to bring to light the lobbying effort....Although the Bill is not passed....it is silently being pushed. The Immigration reform and SKILL is being touted and shouted abt so much, that it becomes a scare for congressmen to even touch it, let alone pass it.

    We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi

    The bill is passed by both the house now. All its needs is to reconsile by the commitee and its done for President's signature. This was priority for the President all the time since he announced in March 2006 in India. Ofsourse everthing needs lobbying. And IV, I think is doing its best in this regard.

    I think we should stop responding to this thread and leave it as it is. I am Indian and I am happy for India that this deal is passed. Now lets concentrate on our major problem, "The Green Card". Hope you all understand that.



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  • rick_rajvanshi
    07-26 03:38 PM
    Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....

    Questions for friends around

    1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
    2.. If not can we get a PCC from the commisioner office?


    Please give me some directions.



    Normally PCC is always issued on plain white paper with Police stamp on it and it should be sufficient.

    Process is --> apply at local Police Station > They come and verify your home address ( take signature from 2 neighbours ) > they send it to local deputy commissioner office for his signature

    If you want it quicker - just keep running along with your application at all stages. I got it done on the same day

    I have 2 PCCs - one from SFO consulate and another one from Delhi Police.
    Both are on plain paper with stamps and signatures - so it should suffice. Also they know what to write. You cannot dictate them or make them write what you want.





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  • blondhenge
    08-31 09:15 AM
    I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.

    That is why you need a new employment letter from your US employer to bring to the consular interview. The letter is the proof that the job exists for when you arrive in the US.

    However, if the individual has no intention of working at the US company upon arrivial, or if they do not want to hire him back (and thus not give him the letter), he will not be approved at the consulate.



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  • greencard2008
    06-11 09:14 PM
    I have used all my H1 years... I was not eligible for extension as my labor /perm was filed < 365 days. Currently on EAD with I 140 pending.. Am I eligible? :cool:





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  • saketkapur
    01-05 04:58 PM
    As per Ron Gotcher there might be bills that will be introduced comibined or separate by both Mccain and Lofregan as early as mid feb.....



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  • prince_waiting
    08-30 09:49 PM
    You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.

    I am not filing on my own, I am trying to just do the paper work on my own and try to save unnecessary attorney fees. Of course my employer is going to sign the forms.





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  • bpratap
    08-18 04:33 PM
    I don't think Address change (AR 11) will invoke any RFE.

    It will definitely get a LUD on the i-485, as its referring the address change to I-485

    I have changed address twice in the last 2 years, filing AR-11 online. Its quite straight forward and simple.

    Please don't be scared to move ur Apartments / home due to pending I-485



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  • kshitijnt
    10-05 02:23 AM
    I went to Kanha and Bandhavgarh National parks, the last two times I had been to India. The december season is not the best one for tiger viewing, however; if you give it 2-3 days, you will see some activity.

    I will recommend Bandhavgarh. Although not as accessible as Kanha, the forest has best tiger density of all Indian parks and hence improves your chance of sighting. The forest area is much smaller than Kanha, so you will see less of other wildlife, there are no bisons or barasinghas in Bandhavgarh, but you will definitely see tigers. Took 4 game drives, sighted twice, once two tigers were fighting ferociously. Captured it all like on Animal planet.

    Kanha: Is a much bigger& beautiful forest, is more easily accessible. I took 3 game drives in 2008, no sightings. You have better chance of sighting other animals such as sloth bears, nilgai, bisons here. Spotting a tiger can be and in any forest will be a matter of chance. Kanha still has a tiger show in the morning in which if they see a tiger they take you by elephant to the tiger. This show is no more in play @ Bandhavgarh.

    All of my 7 game drives were a thrill & most memorable experiences. You can take a flight to Jabalpur from Delhi and either forest is a 6 hr drive from there. Watching a tiger in the wild and the thrill to seek it was one of the most memorable moments of my life.

    Or you can go to Kajuraho from Delhi by flight and Bandhavgargh is a 6 hr drive.

    Have fun in what you do.





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  • saketkapur
    08-18 06:40 PM
    filing ar-11 is mandatory so please do it.........

    also if your new job meets all the legal requirements then getting a RFE should not be an issue just a nag........

    I my experience RFE is generated in one of the following 2 cases:

    1. Filing AC21( I am against filing it as long its not requested by USCIS as its not mandatory and sometimes just triggers unwanted attention to your case......

    2. If your 140 is revoked by the previous employer....in this case you can bet that an RFE is going to be generated for sure if not worse like NOID etc...........In this case actually filing AC 21 might be a better option......

    Above is just my experience and every case is different....this is not legal advice in any way........
    if you want more clarifications feel free to PM me........

    but again file your AR-11 RFE or not............its mandatory.......





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  • meetpravee
    07-16 04:25 PM
    Call the toll free number (877-CBP-5511 ) of the customs and border patrol (Questions/Customer Service - CBP.gov (http://www.cbp.gov/xp/cgov/toolbox/contacts/customer_service.xml)). They can give you the location and number of your local city's office. Call your local city customs office and identify yourself using passport number. They may ask you some basic questions to verify your identity.

    Inform the officer about the query from USCIS and ask them to give you the I-94 number, validity date. They wont give you a physical copy of I-94, but they will certainly tell you the I-94 number and expiry date. While responding to the RFE from USCIS, you can say that - "I-94 is taken back while leaving the country. Based on the call with Customs and Border patrol on so and so date and time, the I-94 number is blaw and validatity date is blaw blaw"

    Your attorney should be able to write the above message in legal language. I had a similar RFE and I was able to call customs office and get all my I-94 information. When I called the local Customs and border patrol office, they picked up the phone immediately and they seem to be very friendly. Good luck.





    chantu
    06-03 03:27 PM
    I did change of address online...I also provided receipt numbers of 485 and EAD (renewal)...I think i don't have to do for approved cases like (I-140, I-131 and previous I-765 )...Am i right? I also did for my wife..

    You are right. Only for "Pending" applications.





    sathyaraj
    11-14 01:16 PM
    My opinion is not to waste to get the replacement EAD as it is already approved. As per my understanding most of the employers do want only the copy of the EAD card for verification purposes. My wife was never been asked EAD card when she was attending interviews. They needed only copies.

    Also if you still want to apply, see whether you can apply for renewal card so that you would atlz get an extra year from your current card's expiry date.

    It is better to inform USCIS though just to prevent any possible identity theft.

    P.S. I am not a lawyer. This is just my thoughts!