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  • askreddy
    12-11 11:57 PM
    Hi

    My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.

    1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
    2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)

    Thanks in advance.
    Sree




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  • wandmaker
    10-28 12:11 PM
    - Pre-approved labor dated 03/2004
    - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
    - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
    - 2nd RFE on 140 after 30 days - Education mismatch - Again responded
    - There was no response even after 60 days, so we called and created a service request.
    - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

    The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

    Please advice what are options available for me.

    USCIS used to accept 3=4, 60 page template evaluations - it is no longer the case. Second, your is SL, it always throws a doubt in legitimacy of job offer. Given the current sitiation, 2nd RFE is mainly on education because USCIS is not convinced with your 1st response. Your chances of success is slim (if you can prove the 3 +1 is in the same line of study) to none - Restart your GC. You are now paying the price for choosing the SL route.




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  • joydiptac
    08-17 06:09 PM
    Thanks for your reply..
    Can anyone else share there views....
    "Plan and direct " are the key words here. Being in the same space, I know it is similar. But don't take my word for it.




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  • apahilaj
    09-28 05:04 PM
    graj012, thanks for your input. You phrased it nicely.

    Actually, I was trying to avoid kanhaiya's comments....as we say in our country, barking does does not affect the walking elephant.

    Being a professional, I think everyone realizes here how to talk and what to talk. So guys lets not try to ignite sparks against each other...we are all here in this forum for a common cause.

    Good luck!



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  • gauravsh
    03-28 03:49 PM
    Thanks !!




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  • fxok425
    01-09 11:44 PM
    Are you joking? Then I will ask my husband apply for NIW. I hate my job!!!! Can not stand woking in this profession full time for another 5 years!!!!!



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  • milind70
    06-25 09:39 PM
    My H4 spouse left the country for vacation on May 25 (before h4 expiry)
    Attorney filed 7th year ext and I 539 on Jun14.
    My 6th year of H1 ended on Jun 17.

    The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.

    you dont require to file I 539 since she is out of the country ,so currently she has no status .




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  • nepaliboy
    05-17 04:41 PM
    Practically not much.

    If FP is for EAD, one is likely to get EAD soon with fingerprints.

    If FP is for GC, it usually gets OK in 2-10 days and then there will be a soft LUD. GC application remains in pending state for Priority Date, Processing Date and Name Check (now there is NC override of six months).

    FP is not a bottleneck, except for few cases - they have not received FP notices for the past 8-10 months.

    It is expected that Priority Date and Processing Date will be cause of delays

    so my pd is current now september 2005 row , my rd is july 2nd 2007 , i had not receive fingerprint notice yet but last week i took infopass and io shedule for 28 th may 2008 ,
    after may 28 2008 , after taking fingerprint for my i 485 what do you think they will process my case straight forward ?



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  • spec1968
    10-26 01:03 PM
    It is difficult to obatain approved vacation from my employer.
    Apartment from leaving the country and recapturing, are there any alternatives.

    Please advice




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  • txuser
    03-10 01:31 PM
    You can apply for L2 with COS online using form I-539. I'm not sure about applying for L2 without COS though. You can probably apply for L2 with COS now, and if your H1B goes through fine, withdraw the L2 petition.

    Make sure that you attach copies of your prior employer's H1B Approval Notice, recent paystubs, new employer's H1B receipt notice, paystubs, your I94 along with the other documents to substantiate that you are currently in status and in the country. This is required for the USCIS to grant COS and I-94 with your L2 approval notice.

    Also, in the above case, you don't have to go out of country - you will get a new I-94 along with your L2 approval notice.

    Please note that this is just my opinion based on my recent transition from H1B to L2. Please get the advice of an Immigration Attorney (probably your new employer's attorney?) before taking any decision.



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  • TeddyKoochu
    10-26 02:32 PM
    Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.

    One thing is for sure, I will never again travel by Air france, BA and Lufthansa.

    Dear friend I would recommend you to contact the consulate by email, because all rules are always subject to change, that way you can be sure!




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  • sathweb
    02-04 01:23 PM
    Thanks four response. Do you have any format to write a letter to Senator or congressman?

    I created a letter by myself with detailed explanation of my problem. That included My I-140 and I-485 and my wife details as well. That was not necessary though.

    Most senators have their own "PRIVACY ACT RELEASE FORM" on their website. If you call them they will explain you what they need and they will fax you the empty forms. Trust me; they will guide you in the right direction. All you need to do is to call your local Senator office, they are very professional.



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  • Jaime
    09-05 04:53 PM
    You are OK, the backlog is for Indians, Chinese, Filipinos and Mexicans

    You can expect to get your green card in less than a year. Good for you!

    What is amazing for example, is China! China-mainland can expect between 5-10 year wait times for a green card while China-Taiwan, China-Hong Kong and China-Macau can expect their green cards in less than one year, just like Egypt, and everyone else!




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  • Axilleus
    10-24 08:43 AM
    Finally! Last night at 8:00 pm EST I received an email from CRIS saying that the Card production was ordered. That is awesome.
    I assume that I should get the card in about 5-10 business days.
    Does anyone know how long it takes to get the EAD after the card production is ordered?



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  • Student with no hopes
    04-29 08:57 AM
    Eco Factory - Reid: "The Energy Bill is Ready... I don't have an Immigration Bill." (http://www.ecofactory.com/news/reid-energy-bill-ready-i-dont-have-immigration-bill-042810)

    Well, he has one now (or at least some sort of frame work)
    http://immigrationvoice.org/media/SenateDraftProposal.pdf

    Getting the Financial Regulation Bill for debate, and now going ahead with democrats only bill on immigration - hello! Sen. Reid seems to have his groove back!




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  • pappu
    09-23 01:32 AM
    http://video.google.com/videoplay?docid=-1999333595666035699&hl=en

    Voice of America coverage. (in Hindi)



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  • surabhi
    08-17 04:02 PM
    I think this might be the case where "Waiver of Signature" was not opted in case of express mail.

    In that case, USPS has to deliver only if a signatory is available. This is obscure option on the Express Mail address sheet. For PO Box addresses like in this case, it is advisable to opt for waiver for obvious reasons.

    In this situation, I guess nothing much to do except wait I guess.




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  • mayitbesoon
    07-15 11:30 AM
    My husband's GC priority date is EB2 Dec 2003, but I-140 is still pending. We applied for I-140 and I-485 in Nov 2007 after labor was stuck in backlog centers for 4 years.

    We are done with finger prints few months ago. No updates on I-140 or I-485s after that.

    Is it useful if we take Info pass appintment in this case and enquire about our case status?

    Why not USCIS offer I-140 premium processing for older priority dates?

    Can I-485 be pre-adjudicated even if I-140 is pending?.

    Appreciate any information. Thanks.




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  • danila
    07-27 07:45 AM
    Part 6 , Processing Information On Page8 of I-765 Instructions states =>
    "Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."

    Notice that Interim EAD is for ASYLUM Applicants.

    Not true. It is 30 days for the asylum based apps and 90 days for the rest.




    setpit_gc
    08-13 03:39 PM
    485 (EB3) was filed in July 2007 and still working for that company.




    ram006
    07-17 09:35 AM
    I meant re-apply for her 485

    I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

    July 1st - Applied Wife's 485
    July 8th - My 485 was approved
    July 13th - Wife's 485 Denied due to outdated forms
    July 14th - My H1, Wife's H4 and I-94 Expired
    July 19th - Planning on sending a new 485 application for spouse

    I'm mainly concerned about two things
    1. Is she out of status for 5 days from July 14th to 19th
    2. Can I still apply her as a derivative, as my 485 is already approved.

    Thank you,



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