الأربعاء، 8 يونيو 2011

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  • vin13
    12-11 04:36 PM
    Since the AP application is over 90 days pending, you may be eligible to discusss with the customer service. If you do not get good answer, you may be able to schedule an infopass.

    We found out at the Infopass that my wife's AP application had been approved 2 months ago. But online system still shows as pending but just got a soft LUD on the date it was approved. So you never know what you may find out.

    But not sure if they would give out information to the applicant's spouse

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  • glus
    01-30 09:10 AM
    Wow...wait a minute here.

    He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.

    First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa Hstamp for the new employer, then it would be a problem, I am pretty sure.

    Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.

    Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.

    Hi Logiclife: if one has an unexpired H1 visa stamp, one can re-enter the country as long as he can show an I797 approval from the new employer. Change of employers does not invalidate an H1 visa stamp.


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  • dreamworld
    06-02 09:04 PM
    The video clip has been posted on the website and the link is


    Great job IV and Pratik !!!

    Well said!!!

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  • raysaikat
    12-19 12:18 PM
    I came here with my dad and mom. My dad's I-485 was denied because his I-140 was revoked. He appealed but it was dismissed. With the principle application denied, everything for me and my mom was also denied. Because I was just a child I really had no idea what was going on. However flipping through all the family documentations I don't see any deportation orders, I only see something that says we no longer has a valid non immigrant status and the district office has jurisdiction over issues of departure.
    So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant?
    Under what VISA did your parents enter US in the first place? When I-485 was denied, was the VISA based on which they had entered still valid? If yes, how long was it valid afterwards? What was your own VISA when you entered (even if you were a child, you would have your own passport and a dependent VISA)?

    Am I deport-able? Am I visa overstayed? Since I did came here legally.
    and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
    I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.


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  • ujjvalkoul
    01-30 06:02 PM
    How does this effect anyone applying for DL..

    Are we going to get temporary DLs from now on?

    Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.

    Here is a response to a comments by DHS..Looks like for most of us whose i94 will be expired but have filed an application like 485 whic is pending..hence the lawful end date of stay is indeterminate - the license will be 1 year only...bummer

    Comment: Numerous States expressed concern that the current
    processing time involved in USCIS review of applications for various
    immigration statuses impacted by REAL ID will result in a large number
    of applicants who wish to renew their licenses but their applications
    to extend their status has not been acted on by USCIS within the year.
    Two States suggested that States issue interim documents that would be
    valid for very short periods until an applicant receives his or her
    permanent document demonstrating lawful status. Another commenter
    suggested that such an interim card be based on the applicant's visa
    until authorization is received and verified through SAVE, which should
    be programmed to contact the querying State when there is an updated
    applicant status. One commenter recommended that the rule allow States
    to use a license expiration date 90 days beyond the expiration date of
    the immigration document to allow for USCIS processing of applications
    to extend lawful status. Commenters said that individuals in certain
    statuses will not be able to comply with the requirement to present
    documentation showing extended lawful status upon renewal because in
    most cases, their statuses will not have been extended but merely
    Response: Again, State DMVs will use the SAVE system, and not
    particular documentation, to determine that the license applicant is in
    lawful status. An application that is properly filed with USCIS
    entitles the person to remain in lawful status beyond the period listed
    on the person's Form I-94 or other immigration document, that
    information is reflected in the SAVE system. Thus, aliens in these
    situations would be able to obtain REAL ID-compliant licenses and
    States would not have to add any additional processes with USCIS.

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  • bondgoli007
    09-29 07:57 PM

    Don't fret about the PERM time lines. It can take anywhere from 1 month to more than 6 months (for Fragomen clients) for PERM approvals/denials. Mine was filed in May and I also had to reply to an audit.

    In your case because your PERM was applied more than 365 days before your 6th year H1 expires, even if you PERM approval doesn't come until Jun 09, your employer can file for a 1 year extension.

    Now, I am not very sure about this scenario in case of a PERM denial. Maybe someone else can comment on that one.



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  • geve
    02-28 02:07 PM
    Check this feedback. Very detailed and from one who gone through these steps.


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  • sparky63
    November 21st, 2005, 11:41 AM
    I agree that #2 is the sharpest, but I like #4 best. The smoke trails from his nose and mouth give the shot a little extra interest ... almost makes the smoke a second subject or character in the shot.


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  • nashorn
    12-12 01:25 AM
    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.
    It's good to know.

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  • gotgc?
    08-13 10:39 AM
    Hi All,

    I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.

    Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
    (Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying

    "The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."

    But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"

    Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?

    Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?

    Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....

    Please give me your thoughts...I would really appreciate your help...


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  • ItIsNotFunny
    11-12 11:38 AM
    This is simply called pure selfishness.

    The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).

    Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.

    The way nk2006 misused IV resources for such a simple personal issue is unpardonable .

    Knowing that there are such people among 'highly educated' is disheartening.


    Let me clarify couple of things.

    1. This is highly widespread issue. It affects you, me and everyone. If you didn't pay enough attention on whats going on, its your problem.

    2. Yes, NK2006 has put multiple threads and you are annoyed. But who are you saying this is misuse of IV resources? What is your contribution in action items and IV activities? I am not talking monetory part but activeness. If you are not contributing, you should not care about organization resource right?

    I hope you learnt that its OUR organization. Any problem we are discussiing is OURs. Not your and mine.

    Please forgive NK2006 for multiple threads and try to pay attention on real problem. If you still didn't understand depth of problem, PM me, I will give my contact numbers and we can talk at leisure.

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  • nk2006
    11-12 10:58 AM
    Why have you created 56,098 threads on the same topic?

    I was trying to post this in each state chapters. Most of state chapters dont have an active thread so created one in some of them. I am just trying to bring attention of any members not aware of this campaign already.


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  • sankap
    07-20 02:36 PM
    Yes, we've been using our marriage affidavit all along--including for getting PR and citizenship of country X.
    hey, so you got h4 by just producing marriage affidavit and not marriage certificate?

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  • veni001
    11-05 09:27 AM
    That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
    Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.

    You need to consider two scenarios here...

    First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.

    In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)

    Second: Approved I-140 revoked by USCIS due to Fraud

    In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.

    Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.

    If the PERM labor expires then you can not use that to get 1 year extension
    If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p


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  • waitnwatch
    07-22 12:27 PM
    I did notice the exchange on the "free advice from lawyers" thread. You had asked a question and posted a follow up urging the attorney to answer. Pappu just informed all posters that the attorney chooses which questions to answer. The attorney in this case may have decided not to answer your question and Pappu had nothing to do with that.

    The only thing I can request you is to please choose your words judiciously....the same thing can be said in multiple ways.

    Would you like some green dots - I can surely give you a few.:)


    Why cant you just remove the feature of red/green dot completely. just ban the person directly if he/she is misusing this forum..

    See after ten twenty minutes I will have RED DOT.

    here if you say anything which moderator does not want to hear, you will get red dot or may be just banned.

    for example last week i just asked my question in Free Q/A , did not got answer but i had to say sorry to Pappu just to stay in this forum.

    I know man you can ban me from this forum anytime.

    Just my views.

    Please delete it if you dont like post.....sorry.


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  • chanduv23
    11-01 07:37 PM
    More feedbacks help. Please post feedback if you attended the NJ meet


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  • anilsal
    06-24 10:05 AM
    Think just getting marriage license is not sufficient. The license is a precursor to marriage (and as far as I know there is a particular time period after license to get married in a church, personal ceremony or court).

    I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".

    I know of people who have done this in the past and have got GCs.

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  • Pineapple
    07-26 04:20 PM
    Is this good or bad? We dont have even one single person with negative attitude. At least that is good.

    I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
    I want to be a free rider and want others to pay for my cause 0 0%
    I hate these immigrants and H1B workers on this website and will not contribute 0 0%

    Interesting poll. I have a small suggestion, though.. If you want unbiased data, you cannot ask leading questions on any survey. For instance, if you ask "Are you a free-rider?", and you are clearly conveying what is the "right" answer.
    Ask very neutral questions on the poll. Also, make it anonymous to encourage participation. Pare down questions so that they are distinct and mutually exclusive.
    At least that way you'll get better data to work with for analysis.

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  • paragpujara
    10-27 06:47 PM
    Since you have work authorization (EAD), you should apply for SSN. For job application you donot need SSN but once you get a job then your employer might ask yr SSN for background check and afterwards for pay check. Generally it takes 2 weeks to get SSN so it's better to apply in advance.

    Refer to http://www.ssa.gov/pubs/10002.html#how and check out Application For A Social Security Card (Form SS-5) under How do I get a number and card? You need to fill out this form.

    This form has list of documents you need to get a SSN card. Generally you need to carry your Passport and EAD. They will return all the documents at same time. They won't keep the documents with them and they need all original documents. They donot accept Copies. Hope this helps.

    07-10 10:05 AM
    It's great that someone started this topic. I've been facing the same discrimination for the past month. A government agency would not recognize my I-797 for H-1B as valid document to prove my legal status. At the same time someone else got approved because he has a H-1B visa stamp in the passport.

    Is there something saying that I-797 is a valid and sufficient proof for I-9 and failure to recognize it is discrimination?


    06-30 09:10 AM
    You are a line jumper. Get out of here..:mad:

    Line jumpers will pay he price later. USICS will be very tough in dealing the substitution LC..........desi employer are just making money by telling sweet words and attorneys are doing the lip service.

    I am forwarding all the emails to USICS ,which i am getting from the employers who are trying to sell the LCs to me .

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