Wednesday, June 29, 2011

Tom Petty

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  • nixstor
    06-24 11:43 AM
    In my case i am a consultant, and keep on moving like 8-9 months....... dont have any permanent address.............. i am sure a lot of ppl will be in the same position as i am............. so what are you guys doing for the addresses on the 485/EAD/AP..........

    AFAIK, You can file AR 11 online. Once you are done with filing AR11, it will ask you all the applications on file with USCIS. If you give your receipt numbers, it will update the address associated with those applications.

    To avoid any confusion as of now, (if your 485 and 693 has different addresses) attach an addendum explaining why you were medical was done in FL, while your permanent address is out of the DC area.

    Just my thoughts, talk to your lawyer and see what he will say.

    HTH





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  • glus
    01-06 08:13 AM
    You should speak to an immigration attorney. That's the best I can tell. False claiming to be a U.S. Citizen can lead to a permanent inadmissibility to the US. As such, it is a serious matter and should be discussed with an attorney.





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  • nursekm
    09-24 06:54 PM
    Hello,

    My situation:

    I have I-485 pending at NSC EB3 category with July 2007 filing date. My I-140 is approved. I am planing to quit my job and get a job in different job qualification.Hence cannot file AC21.

    My wife got naturalized and after researching online, I made a decision to file new 485 with I-130,I-864 and I-131. My AP based on employment based 485 is expired and hence I applied for new I-131 through family based thus saving money.

    I did not apply for I-765 (Family Based) as I had an active EAD untill 2012(Employment Based).

    I am to quit my job and afraid that my I-140 (Approved Jan 2008) will be pulled and hence my I-485(Employment Based) will be denied/revoked. Since my active EAD is based on the employment based 485, it will be unusable/revoked as well.I do not want to invoke AC21. For this reason, I want to file EAD based on Family -I-485.

    My question is :

    1) Can I file for I-765 based on pending I-485 (Family Based IR1).
    2) Since they required to submit the last EAD issued - which in my case is employment based EAD expiring in 2012, The chances are USCIS will deny it or am I to do something differently?

    In brief,

    How do I apply for 2nd EAD (Family based IR1 with new I485) while the Employment based EAD is still active?
    What documents should I turn in ?
    How do I explain USCIS about the situation?





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  • number30
    03-11 06:21 PM
    I would like to get your opinion on current situation.

    Education: MS(Ind Engg), 5+ yrs exp.

    I have priority date of Oct -2007(applied for labor under EB3). Got approved I-140 in Feb 2008( EB3 category). I got promoted to next level so requested to apply for labor once again in EB2 category in Feb 2009 and got approved labor in Feb 2010.

    Is there a provision to amend labor and include previously approved I-140? Or Do I have to apply I-140 once again? and my priority date would be Feb 2009?

    Dhiren

    No labor amendement is possible. You have to go through Labor and I-140 stage again.



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  • TO BE OR NO TO BE
    09-11 04:43 PM
    Deepak,

    Its true that you have to have valid passport (which is not expiring withing 6 monts) at the time of visa stamping.

    Get a new passport before you leave for India. You can apply for a new passport in India Consulates in USA. Google it and you will find out more.

    Hope this is helpful,

    MP





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  • ndrw_fielding
    07-22 10:05 PM
    I got busted going twice the speed limit in a 55 MPH zone and just got convicted of Reckless Driving.I got 364 Days Suspended Sentence.

    Does that count as an "crime of Moral Turpitude". Does that mean that I-485 will be deined?

    Do you know anyone who was convicted of reckless driving and got their green card?

    All replies are appreciated.



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  • sammas
    07-12 03:19 PM
    * The expiration date of an approved labor certification depends on when it was approved.
    * For labor certifications approved prior to July 16, 2007, the labor certification expires 180 days after July 16, 2007 – that is, January 12, 2008– unless filed prior to its expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition for alien worker.
    * Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition.

    Source : PERM Fraud Rules FAQ’s | usavisanow.com. Immigration Law Office of Maritza Diaz, PC. (http://www.usavisanow.com/perm/perm-faq/perm-fraud-rules-faqs/)
    Go to the last question





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  • ram04
    04-20 05:41 PM
    Simmilar situation with my company- Company A merged with (B-India) and named as C .
    We were informed all is well and taken care of with company's legal team.

    Immediately after merger, I also got stamped in Chennai with old company name A in I 797 and enterd with I 94 at POE without any problem.

    So it seems this may not be an issue. It isonly my opinion and personal experience.

    Now a days many companys are following this route to cope up with new lottery H1 issues.

    PD : Sep 04
    I 485, I 140, Approved

    - Ram



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  • sb724
    06-15 12:53 AM
    Hi All,

    I got RFE on 485(field in Dec 2004) in last month for TB Skin test and employement letter. My PD is not current but INS is processing my application. I am waiting for physical notice from attorney. I have dependent whose AOS is not filed now I can not file due to retrogression.

    With July bulletin my PD becomes current I am ready to file AOS to my dependent. Offcourse not sure that once I submitted to attorney how soon he will send to USCIS.

    I have question that which one is best option to file dependet's AOS?

    Submit dependent's AOS with evidences to RFE ? Means in same cover?
    or
    Submit dependent's AOS and evidences to RFE separatley?

    Please advise.



    thanks
    vali





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  • tejonidhi
    01-14 09:36 AM
    Itsokgc,
    only talk to Immigration information officer. if none or available then it goes to regular Contractors workig for USCIS who will say we received the Application on date Blah Blah.
    Tejonidhi



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  • wandmaker
    11-16 01:05 AM
    I understand the 180 days rule after filing 485. what if the eb3(140 approved) based 485 has been pending for 180 days, and a newly approved eb2 140 has just been ported to the pending 485.

    Yes, 180 days rules applies to your 485 receipt date on your receipt notice.

    Is there a rule that the 180 days started over again after porting, since it's a new 140, which implys the applicant intends to work for the 140 position for a period of time.

    There is no rule that makes the "180 days" clock to restart.

    What are the risks if the applicant changes the job right after eb2 140 gets approved, and changed the underlining 140 of the pending 485 from eb3 to the newly approved eb2.

    There are no risks as long as your eb2 140 is approved, you have crossed 180 days count. Additionally, AFTER you have received a confirmation from USCIS that your eb3 to eb2 porting is successful and the new approved 140 is the underlying petition to support your 485





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  • shukla77
    01-03 12:51 PM
    Yes :D :D :D
    does anyone know if IV core will push to get the 485 relief (ability to file without visa number availeble) and what is the chance to get it befor of until the 15/february?.



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  • deepimpact
    09-01 06:04 PM
    Provided there is no retro . There can be following situations:

    a) 250 equally distributed in Oct, Nov and Dec and the date moves 1 week at a time to 28th May in Dec 10.
    b) 750 in Oct moving the date to 22nd or 28th May and then stuck there till Dec

    Again depending on if USCIS does quarterly SO then in Dec dates may move to Aug 06.

    I think with similar SO as FY2010 the PD will get close to July2007 by the Sep2011 VB. But whether the PDs will move ahead smoothly or in chunks having large periods of inactivity followed by 5-6 month jumps, thats something no one can predict.





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  • greyhair
    02-22 05:51 PM
    Thanks snathan for posting the link. Great info! I came across another news article on Bloom box today.



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  • lost_in_gc_land
    02-02 02:05 PM
    Please help!

    My AP is pending and my H1 visa on passport has expired like 3 months back. I am on valid H1 status which is good for another 3 years till 2010. I have scheduled H1 stamping renewal interview in India. Can there be any problems in H1 visa stamping as my AP application (I131)is still pending?

    Thanks,
    Immigal.

    Hello Immigal,
    I hope your h1b stamping worked out well. if I would have read this post earlier then I would have warned you about 221(g) adminitrative processing which is a possibility for delay. I am in the boat for over 75 days and did not leave with AP approval. Got it after my interview and my lawyer advised me against using it.
    I would have waited for AP...
    On the other hand..god forbid you got 221g...but if you did then did you used your approved AP (if it got approved while you were out of the US) to go back to the US? What was your lawyers opinion on this?





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  • chi_shark
    11-13 05:49 PM
    sounds like you have already sent a response to the RFE and you want to follow on... yes... go ahead and do it... its not like they are waiting for you to make a mistake and then they will close your file.. for the most part, USCIS is a friend... so dont worry and send in your follow on document asap. make sure you dont repeat your earlier documents. just send in the new one and refer to your earlier RFE response clearly saying that an additional document has now become available...

    my 2 cents.

    My attorney office replied back to My I485 query yesterday in the overnight post(today is the last day to respond). For the marriage proof, i attached the marriage certificate which has my incorrect date of birth. I attached the affidavit describing that there is the entry error in the marriage certificate and applied for the correction and as in process with "Registrar of Marriage" office in India. In the meantime, i received the corrected marriage certificate today with the scanned copy. My question is, Can i send my corrected marriage certificate document today to USCIS ? Will they accept with one day delay?

    PD: MAY-2002 - EB3


    Regards
    Devan



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  • SeanDell
    07-09 09:58 PM
    Under the new fee structure, does the NO FEE apply only to the initial set of AP documents or also to all the subsequent renewals of AP I-131 document.

    Thanks.





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  • kumarblr76
    11-06 12:15 AM
    More clarifications are required about this new rule, this is a duplicate filing requirement in addition to FBAR





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  • smsthss
    11-30 07:13 PM
    I got an RFE to send copies of my degrees on nov 15th. my attorney sent the copies and my status changed to Response to request for evidence received and processing is resumed. How many days will it take for I-140 approval after the response to RFE to received by USCIS ?





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    samcam
    09-16 11:28 AM
    Do we get a notice to get biometrics done when you apply for EAD renewal?

    My wife and I have a EAD renewal RD of June 23, 2008 at NSC. We have not gotten any LUD after that. Anybody knows how long it takes to get the EAD?

    Thanks for the help guys..



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