Monday, June 13, 2011

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  • cinqsit
    01-23 12:47 AM
    Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
    Do you think they might reject the case for any reasons?
    How long do I have to stay in Canada if in case it's approved?

    Thanks
    Sudha

    if its approved I think you get it back the same day (that was back in 2007)

    if you get stuck in administrative processing it can take few weeks to months - check forums/threads on that topic

    cinqsit





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  • crazyghoda
    04-29 10:27 AM
    Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
    1. The attorney gets more money for filing a seperate application.
    2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.

    Best to port the PD at the time of filing the 140.

    Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.





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  • senthil
    02-12 11:03 AM
    ive seen a minimum of a month to six months max as an average. but it could still vary as said by others and also depends if you get any RFE etc. thanks





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  • thomascannivady
    07-17 06:00 PM
    Please post their addresses on the Front page of IV so that all can send Thank you cards.

    I certainly would like to send both of them cards.



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  • deardar
    09-14 08:44 AM
    Flying to DC for their GC.............

    Happy to know that there are still people who like and know how to make a difference.





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  • starscream
    04-30 04:03 PM
    did the committee question Greenspan about any issues related to us EB GC issues?

    Please update anyone



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  • Bhadwaj
    07-15 05:26 PM
    Hello,

    Here is my situation.

    a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
    b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
    c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
    d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
    e) I have not travelled outside of the country since my last arrival.. (pls see #b)

    Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.

    "An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE

    This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.

    Now, my questions to our experts are
    1. Since I am within my I-94 expiry date., am I in lawful status?
    2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
    3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
    4. What should I do now to correct ...? my I-94 expires in another month.

    Please help!





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  • msyedy
    12-13 12:45 PM
    GCAMIGO was scaring him.. that is why he replied that If you do not know then dont answer



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  • kirupa
    08-27 04:03 PM
    Hey cubedflash,
    This isn't exactly the Flashmove forums, but you are welcome to stay :) I'm looking into the Swift 3D V.2, and it seems like a good program. If it supports the 3D-ing of images, and better export size than Swift 3D v.1, I'll be glad to give it a shot. I bought Swift 3D v.1 when it came out a long time ago, but I hope to upgrade to V2 when it comes out. Good Luck with the release!





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  • karanp25
    07-13 07:55 PM
    no...no sarcasm. j751 and all others, u r at the mercy of uscis all ur lives. U shd inform them of any small move u make in life, or fear losing ur GC otherwise. U know they can revoke GC/citizenship at any point, right? Well, then behave..OK?

    as for u EB3_SEP04, take it easy...let's go together to junk our cars, rather than being paranoid about warming up the engine at every cold start.

    karanp25, I am assuming that was meant to be sarcastic.

    I changed my job 6 months ago on EAD, my 485 is still pending, i have not yet informed USCIS about it and may or may not do so in future. There is no law/regulation that says we must do so. I believe US law works on common sense rather than word-to-word written in the law books. So in general i want to draw a line for myself as to how much i should be afraid of USCIS. I would rather risk my GC than worrying about the chances of my every little action affecting my GC. But that's just me.

    some of my friends keep the engine running for 2 minutes before start driving, i was never convinced this is good for the car. I would rather junk my Honda few thousand miles early than wasting 2 min(plus gas). Again that's just me.



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  • Junky
    10-15 08:18 AM
    Send you a PM. Please reply back at your earliest.
    Thx

    There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

    EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.





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  • a_yaja
    04-18 09:32 AM
    if u like to pay for it, there's already an option for u: EB5. price tag: $500K minimum!
    Only in under-developed areas. For a developed area, it is $1 million.



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  • leo2606
    09-15 08:20 PM
    I would think at this point every thread should talk about just DC activities next week, chandu is right.

    You might say even I have too much time in my hand, YES I have for IV activities and monitor people like you who are demotivating others.

    Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"





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  • z029556
    08-14 02:34 PM
    Hello Guys,

    I have E-Filed for EAD renew on jne 27th and have sent all the supporting documents the following day. But on Aug 6th recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you guys can suggest me.

    Regards
    Vijay

    p.s I have already responded to the RFE with 2 color photos.



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  • vikaschowdhry
    06-02 06:55 AM
    My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.

    Does USCIS have any requirements for validity dates for passport when application for H1B is sent?





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  • martinvisalaw
    07-28 07:13 PM
    I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.

    You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.



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  • glus
    06-25 09:31 AM
    Hi:
    Generally speaking, you can dig out legal entry in most cases. First, get in touch with a consulate that issued your visa and ask for some kind of a confirmation that a visa was in fact issued to you. Second, you can try to get a replacement of lost departure/arrival record with USCIS. On the application you write a date when you arrived and place and all the details. If they find info in their computer, they will issue to you a "duplicate" of your original arrival I-94. To request replacement of record, you can use I-102.





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  • deardar
    09-14 09:57 AM
    And why does your profile say "NO" for the rally?

    Cause i cannot make it to the rally.





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  • eastindia
    07-29 12:33 PM
    That explains it.If your company is blacklisted you are in a deep hole and should have a backup plan for employment. You should consult more good lawyers.





    Shivani
    02-23 12:41 PM
    Thanks for your response.

    I will stay in touch & keep posting if I need more clarifications in my case.

    Until then, Good Luck for me...:)

    You are absolutely right, I NEED it, during this time, its so hard to find new openings. :(

    Shivani.





    manisha5
    07-17 05:45 PM
    Hurrah!!! :D
    You guys did it.



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