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priya23

02-21 03:09 PM

Hi

My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.

Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.

kindly advise

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jsb

01-09 03:40 PM

Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.

thx

AC21 guidance issued in the following link should clarify some of your concerns.

http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf

GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.

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parablergh

09-06 05:19 AM

it is fine to have both I-485s filed and pending - generally speaking, if one gets approved, USCIS should deny the other (as a LPR you will no longer be eligible to adjust your status to lpr).

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MatsP

February 2nd, 2006, 05:56 AM

We've been discussing this before... here (http://www.dphoto.us/forum/showthread.php?t=4551) for example.

Yes, Macro photography really needs small apertures..

--
Mats

I-94 expired for H1 EAD-AP [Archive] - Immigration Voice

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Lord Rahl

03-26 02:16 PM

Pencils and graphite are synonymous. 2B 2H 6B blah blah
Ah, gotcha.

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apahilaj

09-19 09:37 PM

Hello Guys,

I have a quick question about my I-140 petition. Initially I had applied for my I 140 which USCIS was about to deny claiming that they did not receive the RFE response. During that time, I had applied for a new I 140 application assuming that they would deny my old application. In the meanwhile, USCIS sent me a letter asking me to send the RFE documents again for my original application, which I did again and they approved my old application. I did not inform USCIS about closing the new application and as per my lawyer, I did not need to do that.

Now after almost a year, I got an update from USCIS on the second I 140 application for RFE. My question is should I inform USCIS that they do not need to worry about this application since my original application is already approved or should I just ignore this RFE?

Any advice you guys have would be greatly appreciated.

Thanks

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singhsa3

10-16 04:12 PM

Welcome to the world of USCIS!
What a crazy system..
Hi Guys,

On July 2nd I have applied for my wife (EAD, AP, I485) and have waited for 3 months (October 1st) to hear that USCIS has rejected her application due to wrong fees (But we have sent them the correct fees)
My Lawyer immediately sent back the application to USCIS saying that the Check we have sent is correct and it is before increasing the fees and we haven’t done any mistake.

In the meantime on July 16th I got my 485 approved and got my GC. So now we were worried as my wife is already out of status and don’t know how long it will take now to get her receipts and how long she can stay.

I have tried calling USCIS – Every time same answer -- you have to wait, you have to wait No records in the Database. Yesterday when I called, a Lady answered the phone and she said we need to wait 90 more days again as it is like a new Submission and it was a shock for me after hearing that.

Can any body suggest me what to do in this kind of situation? Is there any body in the same situation?

Thanks
skb

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perm2gc

09-07 05:00 PM

I meant before I am out of status.
Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
Thanks a bunch.
OzIn Some Cases USCIS may ask paystubs before approving the H1(So be careful with company A..you need them until you get the approval notice). In case of GC, couple of months will not effect the process.

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arundhati_datta

03-24 06:13 PM

EB 3 India..PD 03/24/2006. EAD approved-10/28/07; AP-01/09 , also same for the derivatives too..I-140 approved 09/13/2007, Also FP done..in OCT.

any update when can we get GC.

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invincibleasian

02-25 07:08 PM

Hi,

A couple of questions on the simaltaneous filing of I-140 and I-485

1) I had read somewhere that USCIS was going to stop the same. Has that happened yet?
2) Say a person has applied for the I-140 but cannot simaltaneously apply for 485 due to retrogression. In the event that the dates become current BUT the I-140 is not yet approved, can the person still file for the 485 under the simultaneous filing or does he have to wait till the I-140 is actually approved?

Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485

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baldev.thakur

05-18 04:50 PM

My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?

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wandmaker

05-12 01:00 PM

I understand that a H1B visa is the expense to the employer and is not a taxable benefit to the employee. If a company wishes to pay for the green card for the employee, granting them permanent residence in the U.S., is this a taxable benefit to the employee? Should it be added to their W-2? If yes, where is the IRS documentation on this? I can�t find it. Thanks.

If the company pays for GC expenses directly, then it is an expense to the company, and it will not be reported on W2 as it is not a taxable benefit. However, if you are being reimbursed for GC expenses, *some* companies report this in paycheck as non-taxable income, again you will not be paying taxes to IRS on this. It is just a record keeping.

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la6470

03-07 12:53 AM

I suggest to take the story to your local and national press... If you can afford a lawyer then consult her about possible compensation from INS for metal anguish ...

But just remember that the immigration system in this country is designed to induce insanity in normal people - that it even drove someone like John Lennon to attempt suicide .... and that he found mental peace only by going to Japan himself followed by frequent trips to India to visit Maharishi Mahesh Yogi......

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dilbert_cal

06-24 09:24 PM

If your job location has changed from State 'S1' to State 'S2', your labor petition filed from Company 'A' is invalid. You cannot modify your 140 in the sense of changing job location from one state to another. Since your 140 is pending for a good period of time, here is what you can do :-

i) Get it converted to premium as suggested above and you'll know whether it is approved or not in 15 days.

If it is approved, you can file 485 based on it but you may have issues in the future ( possible but unknown if it will be caught at 485 stage )

If it is denied, you are in a soup as without an approved 140, you cannot port your PD.

Whatever you do, dont move onto EAD and work on EAD until your 140 is approved.

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sammielee

07-01 10:56 PM

In Canada, most people get a short version of their birth certificate. This is what I had and what was submitted. There is a long version, like a registration certificate, that most Canadians don't carry around and wouldn't order and that is now what USCIS requires. I didn't know that until the very end of my meeting for permanent residency. On the sheet/notification, it says that I have 90 days to submit the document, the long form of the birth certificate as "failure to comply with this request will be deemed grounds for denial of your application for lack of presecution". Although I immediately requested my birth certificate from the Canadian government, I have had to fight to get it pushed through fast enough and they now tell me it's processed but somewhere in the mail. I'm down to the last couple of days with no way of knowing where it is.

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pnara2

02-27 01:13 PM

I know this because one of my close friend went all the way to california to renew his driving license because his university was located in that state! He had given his relatives mailing address too. So that confirms that you will be the resident of the state where your university is located if you are on F1!

However, if you are on OPT/CPT and working in another state, I am not sure! Please check with any attorney! Maybe, try posting in their forums and see if you can get this clarified!

It is totally a different scenario for H1B ofcourse!

All the best!

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sweet_jungle

11-13 12:54 AM

Yes, I just did that last month. I went to take my FP a week before my actual appointment date. I just walked in on Saturday morning. They were nice and helpful. But I did take my 485 Notice and FP Notice, you do need that. Mine was done in St. Paul, Minnesota service center.

Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ

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jonty_11

06-15 01:17 PM

This from Immigration-law.com

06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing

The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.

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GCVictim

10-13 11:06 AM

I am sponsoring to My In-laws next month for visiting next month. I am preparing documents for them. My questions is... What are documents required from my wife side? she is not working.

What should I send from her?

kirupa

10-12 10:20 PM

Hi Markeh!
No, Expression Blend cannot be used to create content for mobile devices. Blend only creates WPF and Silverlight applications - both of which do not run in a mobile device :)

Cheers!
Kirupa

Counterproductive

10-28 09:09 PM

No need to say sorry to me, I was just pointing it out.
Don't really know how popular it was, it might not be an issue.
But just to be safe you might want to change it.