Rajeev
08-11 08:09 AM
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
Whatever may be the chances of success, at least we should support this bill.
Whatever may be the chances of success, at least we should support this bill.
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h1bnogc
08-28 10:03 PM
Hi Martin,
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
san3297: Please share your experience, it will be greatly helpful to many.
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
san3297: Please share your experience, it will be greatly helpful to many.
abhijitp
06-21 01:59 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
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shaikhshehzadali
07-11 11:35 AM
No big deal man...mine was approved in 2 days from NSC..;)
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Kevin Sadler
June 16th, 2005, 09:59 AM
this is going to be very subjective. even though there is detail less black in the first one in the nect area i think it "looks" fine. in my opinion there is too much detail less black in the second one, that makes it "look" too dark. also the first one is sooo good there's not much you can do with the second one to bring it to that level. thx, kevin
Prashanthi
10-20 05:15 PM
My advice you need to prepare a comprehensive package of documentation since your case is really messed up.
1) Get a legal translation of your original BC from Hindi to English. You can enlist help of some one you know (not a direct family member) or proffesional translation agency to do this. If done by some individual get it notarized.
2) Now prepare a letter highlighting the sections that are correct and sections that are incorrect (like name of child)
3) Get 2 affidavits from your parents/ relatives which the corrected information (also add the other BC info required refer to IV wiki for details). Make sure that these affidavits contain enough details to explain why the name and other details changed.
4) Get as much documentation as possible which can suppliment the new info. Example 10th / 12th certificates, School Leaving Certificates, PAN Card, Indian Drivers License, Nationality/ Domicile certificates, Caste Certificate, Election Card etc etc that can support the new name.
I agree with the above, please follow his advice. In general letter from the consulate is not accepted as proof of birth because they follow the passport details and dont do any further investigation.
1) Get a legal translation of your original BC from Hindi to English. You can enlist help of some one you know (not a direct family member) or proffesional translation agency to do this. If done by some individual get it notarized.
2) Now prepare a letter highlighting the sections that are correct and sections that are incorrect (like name of child)
3) Get 2 affidavits from your parents/ relatives which the corrected information (also add the other BC info required refer to IV wiki for details). Make sure that these affidavits contain enough details to explain why the name and other details changed.
4) Get as much documentation as possible which can suppliment the new info. Example 10th / 12th certificates, School Leaving Certificates, PAN Card, Indian Drivers License, Nationality/ Domicile certificates, Caste Certificate, Election Card etc etc that can support the new name.
I agree with the above, please follow his advice. In general letter from the consulate is not accepted as proof of birth because they follow the passport details and dont do any further investigation.
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tertip
03-11 07:05 PM
You do sound paranoid.
All Immigraton Officers will not ask the same questions nor react the same way for similar answers.
Hence the reason I was asking for personal experiences. Thanks for your input.
All Immigraton Officers will not ask the same questions nor react the same way for similar answers.
Hence the reason I was asking for personal experiences. Thanks for your input.
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seeking_GC
07-28 02:08 PM
Hi Everyone,
My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.
Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?
One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??
Appreciate peoples inputs.
My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.
Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?
One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??
Appreciate peoples inputs.
more...
sss9i
06-12 10:54 AM
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
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sidm
03-29 02:43 PM
That is good, but what about those whose OPT expired in Dec or Aug last year: can it retroactively activated?
There should be a clause to re-activate OPT for people maintaining legal presence in US, who were affected by last year's H1 lottery and whose OPT expired last year.:confused:
There should be a clause to re-activate OPT for people maintaining legal presence in US, who were affected by last year's H1 lottery and whose OPT expired last year.:confused:
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GKBest
10-23 08:52 PM
I got the mail today....
PD - 2004 August
485/EAD/AP RD - July 3rd
ND - October 11
EAD Card Production ordered - October 22nd.
FP Notice - Waiting
AP - Waiting
SAME HERE. WE ARE INDEED IN THE SAME BOX. HOPE WE GET THE GCs AHEAD OF SCHEDULE:D
PD - 2004 August
485/EAD/AP RD - July 3rd
ND - October 11
EAD Card Production ordered - October 22nd.
FP Notice - Waiting
AP - Waiting
SAME HERE. WE ARE INDEED IN THE SAME BOX. HOPE WE GET THE GCs AHEAD OF SCHEDULE:D
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supers789
07-11 04:13 PM
Fragomen PERM Audit - Response Time??
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Munna Bhai
12-10 08:09 AM
Thanks for your response. Good to hear that I can file while I am outside the US.
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
you are apply later but you can't work if you don't have EAD. Normally it is good to renew EAD so that it doesn't raise any flag. Hope this helps.
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
you are apply later but you can't work if you don't have EAD. Normally it is good to renew EAD so that it doesn't raise any flag. Hope this helps.
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gbof
04-08 02:52 PM
Question regarding Current Immigration Status field on EAD renewal form:
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.
more...
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belmontboy
11-03 09:14 PM
You have to be either hard right or hard left to move things around, Obama is neither w.r.t immigration. So don't expect wonders :)
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JSimmivoice
01-22 11:11 PM
Has anyone of you heard about Nunc Pro Tunc H1B? Will that help in my current situation with a valid and approved LCA?
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americandesi
10-26 02:29 AM
You're right. Something got busted for sure. Admin, please look into this.
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adGurkha
01-17 10:48 AM
Well its that time of the year..., Does anyone know if I can add my spouse as dependent and get the tax break. Is there any website where I can get the information on filing procedures with H1 and H4?
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rvendra
05-25 01:55 PM
My case transferred to USCIS local office and below is the case status:
EB 2 Dec 15 2003 - No updates so far
This case has been sent to another office for processing and on September 18, 2009 we sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
EB 2 Dec 15 2003 - No updates so far
This case has been sent to another office for processing and on September 18, 2009 we sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
tabletpc
01-11 09:29 AM
Guys please help me with below questions.
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
[B]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.
B]
I appreciate your advice
Have a nice trip..!!!
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
[B]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.
B]
I appreciate your advice
Have a nice trip..!!!
GCOP
04-20 02:47 PM
I recently renewed our passports at Indian Embassy, Washington D.C . I sent 2"X2" size photographs and there was no problem in passport renewal.
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