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  • h4hopeful
    05-30 06:51 PM
    the reason she was denied is because she is young

    SHe is young and already has a family of her own? Are you sure that was the reason for denial? How many members besides her and her husband did you try to sponsor?





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  • bb8185
    06-05 10:54 AM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."

    Elaine, many thanks for taking the time to be on this forum.

    Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.

    Many thanks again





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  • Ann Ruben
    07-06 06:04 PM
    Hi Raj,
    "as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."


    Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.

    Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.

    If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.

    "In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
    Could traveling on B1 visa consider it as abandonment of GC process?"

    You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.

    Ann





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  • TwinkleM
    06-24 12:14 AM
    My H1 filed & approved thorugh company A from October 2004.

    H1 then transferred to company B & approved from Nov 2005.

    My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.

    My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.

    Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.

    In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.

    At this point, my questions are:

    1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?

    2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?

    The reason I want to get my old I-140 to be approved so that I can retain my old priority date.

    Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...

    Thank You in advance...



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  • Green.Tech
    06-10 11:48 PM
    But don't lose heart. There are many, if not all, who are with you in this initiative.

    I agree and kindly request again to those folks who are with us in this initiative, and for those who are on the fence, please come forward and participate in IV's campaigns.





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  • mermaid2084
    11-21 05:51 PM
    Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.



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  • LaLa Vazquez#39;s husband Carmelo



  • milind70
    04-27 06:05 PM
    Thank you amslonewolf but i already had this one with me. At Mandal Revenue office(MRO) people are not accepting this format.

    If there is any other formatt that will be great to me. Once again thanks for you help on this..

    I think I had a birth certificate in native language(devangiri) and it had no name since I was named in a naming ceremony as per the customs and culture. I spoke to my attorney about this.She advised me that i get the BC transalated to english and for no name get affidavites by two people saying that the birth certificate was indeed me and i was named later as per customs and culture.I got affidavtes sworn by my mother and father.
    Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
    This is my expereince but i would suggest please consult an attorney.





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  • ksrk
    01-21 06:43 PM
    Do I need Germany visa to travel on AP, to India via Germany with Lufthansa air lines.. Please let me know.

    Thanks.

    You don't need a visa to transit in Frankfurt - meaning if you are catching another flight to a non-Schengen state (like India). Else, all "interview", visa stamping (even for other Schengen states), etc. happens in Frankfurt.



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  • ras
    10-13 09:09 PM
    All 3 - checks cashed on Oct 11. I got the reciept no.s on the back of the checks. When can I expect to recieve the notices? I am planning travel by the end of this month. Is that OK to travel with just the reciept no's or do I need to have the reciept notices with me. Also I have a valid H1 visa till 2009. Advice greatly appreciated.





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  • kriskris
    08-22 03:12 PM
    Let me try this at Dallas DMV. Any Gurus to help me about my other questions?



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  • #NBA @CarmeloAnthony and @LaLa



  • sri_chicago
    05-14 06:33 PM
    Hi--

    Priority Date : Feb 2006/EB3
    I-140 Approved on Sept 2006
    I-485 filed on 07/02/2007
    Spouse I-485 online status changed to requested additional evidence on May 01,2009.
    As of now either me or my attorney not received RFE letter.

    Please advice how to solve this.





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  • crystal
    03-28 11:02 AM
    I think it is not fully functional yet. When I search on Country it results in nothing. Good start it is.



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  • JunRN
    11-05 08:57 PM
    Yes, you can attach your spouse even after approval IF the PD is current. If there's retrogression, and PD is not current, you cannot do that.

    However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.





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  • rogerdepena
    08-01 11:30 PM
    nope... I have my receipt notice that has June 11th on it, but the only system says July 3rd, which is the day they sent my notice :)

    i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.

    anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.



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  • GCBy3000
    07-11 08:41 PM
    This is the letter which I composed and sent to David Obey of WI.

    Here is the IV Link http://immigrationvoice.org/forum/showthread.php?p=99419#post99419

    How did it ended up in www.congress.org????

    http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg

    The button below the article lets you send emails to Bush and Cheney...





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  • mermaid2084
    11-21 02:52 PM
    While I was travelling from India to USA, I was waiting at one of the airports in USA for my connection. An airlines staff asked for my passport and by mistake pulled away my
    I-94 from from it. May be I was mistaken with the other passengers that
    might be travelling out side US. The officer looked at my boarding pass for the next flight
    (which was for the flight going to a city in USA), however, he didnt realized and by mistake he took away I-94 from
    my passport (he was doing that for other passengers too so I thought it was part of the process).

    I didnt knew that it needs to be preserved till I leave the USA. I know that in case of lost/stolen I-94 I need to file I-102. However, I doubt that in my case it might have reached the USCIS.

    Please help me. I am very much worried.



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  • Lasantha
    09-04 09:45 AM
    I don't think they are asking AILA for help. This looks like it was initiated by AILA.

    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.





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  • RSRao
    10-28 03:32 PM
    This is regarding my husbands H1b extension. He has been working for a Indian consultancy since 3 years. Now he got a full time offer with a reputed consulting firm (contract to hire) and they are processing his extension and transfer. Its for a different end client but this company does implementation for the client. We received a first RFE a month back requesting for purchase order, manager letter, duties to be performed, organisational chart etc. The company answered with all the relevant documents. But we have received a second RFE now. Not sure what the RFE is for and we are anxiously waiting for it. Please let us know if any of you guys have faced similar situation, incured a second time RFE. how common is to get RFE for the second time.Also do premium petitions get RFE in a fax or email message or do we have to wait for arrival through mail. The attorney said wud take 2 weeks for it to arrive. His 194 has expired and we are really worried now. What are the other options, can we apply for extension through another company when this one is in process?. He already has started working for this company once the receipt number was sent out. Any inputs are highly appreciated. If you have had similar experiences please share.





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  • pmat
    07-21 10:32 PM
    I don't have an answer for your question. But why did you apply for 2 H1B visas at the first place? Because of this somebody who may have been a genuine candidate couldn't have gotten visa in the lottery.

    I hope that other members will answer your questions.





    amitga
    08-01 11:46 AM
    YouTube - Piya Tu Ab To Aaja (http://www.youtube.com/watch?v=bua_QY1awj8)





    singhsa3
    10-22 01:00 PM
    Some one gave me negative feedback on this thread.
    To that person, why not you come out in open and discuss your problem.