Saturday, June 11, 2011

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  • chanduv23
    07-08 11:22 AM
    friends,

    We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?

    Thanks for your help.
    balan
    I485 Filed on July 2, 2007.

    Though it is not of my concern - I see that you want to file a divorce with your current spouse and then remarry another person - while I don't know your personal specific situation - I would suggest that you must try and work it out with your current spouse

    I see a lot of divorce cases these days among the immigrant community and when we look into it further - many cases divorces could have been avoided if spouses were more accomodating.

    Once again - I have written this with a good intent. Please do niot shoot me down. Admins can delete my post if needed.




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  • EB3_SEP04
    08-27 11:23 PM
    If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.

    Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.

    Be careful and try some way (as suggested above) to know about your I-140. All the best.

    It'd be helpful for readers if you please update your profile with your case details.




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  • Marphad
    04-20 01:58 PM
    My passport expires in 6 months. What is the earliest time before passport expiry can I apply for my Indian passport renewal. How long will it take to process it.

    1 year




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  • sandy_anand
    01-24 10:12 AM
    TeddyKoochu, based on the 2010 report, can we estimate what the total EB quota would be for 2011?



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  • chandra_mb
    07-18 11:37 PM
    I understand that to file 485, all applicants need to be in the US.
    Do the dependents/spouse need to be present in the US to file the EAD later (after we get the 485 receipt) ?




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  • immique
    07-03 01:50 AM
    H1B transfer pending & going out of US for 3 days.

    My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.

    I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???

    Should I tell that I have joined new employer or should I not?
    My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....

    I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.

    Please help by throwing out your thoughts/past experience/knowledge base in this area.

    Thanks
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.



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  • pd052009
    03-07 10:02 AM
    out of the country indefinitely and then come back lets say after 10 yrs?
    Lets pray the dates would be current by then...




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  • raysaikat
    08-15 11:08 AM
    Does it apply for people who used AC-21?Do they need to go back to their filing employer after getting green card?

    No. You need to stay with your "latest" employer (with whom the job description should be same or similar to the job offered by the original GC sponsor).



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  • Lollerskater
    08-05 12:23 PM
    OP are you compiling statistics? For EB2 or EB3?

    I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.

    Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?




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  • john2255
    10-21 01:48 PM
    bump



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  • shirish
    08-30 11:52 AM
    How do you call USCIS? I mean what options did you select to talk to some one. Looks like their options are changed.


    I called USCIS today and they said they are using the receipt date on I797 and not on the website. Yes that is right on website they show ND and say receipt date..its all messed up, but as per totay's call, it seems 797 RD is what they are using.




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  • gc_relief
    03-06 01:25 PM
    Guys this will be a good idea..If we can send a letter to Pres Obama like we did in the past..Let me know your thoughts..



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  • engineer
    06-03 02:10 AM
    I didnot like the webfax as it doesnot cover wishes of many people like me. People who have approved Perm should be allowed to file I140 and I1485 under old system even if Point Based system becomes law.

    engineer




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  • H1bslave
    11-14 10:27 AM
    At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.


    Well, are you sure I would need to work for this "future employer" for 6 months?

    AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

    Is this scenario different because A is not a future employer?



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  • ashwinicool67
    04-27 07:18 PM
    Hello,

    I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.




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  • dpp
    01-07 08:25 PM
    B. Provisions in Cases of Revocation of the Approved Form I-140

    Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21

    As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.



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  • vishwak
    11-12 07:46 AM
    Consult your Attroney. If HR files for H1B (In some of Companies), please do Hire nice Attorney.

    My advise: If you are sending Originals, Take 2 copies and get Notarized and save them safely. If you need them in urgency you can always use Notarized ones.

    Please keep updating the Thread with developments which might help others.




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  • starscream
    06-23 09:40 PM
    Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)

    Cornyn Calls on Obama to Present Immigration Reform Plan

    Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.

    “What we need is not another photo op at the White House. What we need now is a plan from the president,” said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.

    “The president doesn’t write legislation, but he does have the bully pulpit,” Cornyn said, adding that right now “it’s unclear how they can get it finished.”

    Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress — already spread thin with health care and climate change legislation — can take up yet another time-consuming and sweeping proposal.

    Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: “We’ve got a full plate already.”

    “There’s been little discussion from our side on immigration reform. I’ve honestly not given it a lot of thought,” McConnell said.

    But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.

    “We have to finish health care and climate change, but being third on the list is pretty good,” Reid said, predicting that he could muster up the votes for a bill later this year.

    Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline “the principles that will guide legislation he intends to introduce in the Senate later this year,” according to a release.

    Schumer will also attend the White House meeting Thursday.




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  • shreekhand
    07-29 10:33 AM
    As soon as you adjust your status to F1 your I-485 becomes void. Further having and EAD has nothing to do being on F1.

    In short it is not easy to go back full time studying while your I-485 is pending.


    This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.




    tisha
    11-05 03:17 PM
    Hi,
    I actually have an O-1 non immigrant visa that will expire in about 6 months, I also have so many doubts, hope you can help me.
    1. Do you know if I-140 Premium Processing is available for EB-1A (extraordinary ability immigrant alien) with an employment based petition?
    2. If it is, can I file together the I-140 and I-485 (with premium processing)and does this will make the process faster or do you recommend to do them separately?
    3. After filing the I-140 can I travel or do I need a special permission?
    Thank you very much for your help




    gcisadawg
    04-12 08:18 PM
    This is correct. Only your attorney will get the RFE.

    That is incorrect. USCIS would send a copy of RFE to you as well.

    My wife got a medical RFE and I'm looking at the letter from USCIS as I type.

    Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.



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