Friday, June 10, 2011

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  • krishjack
    03-25 12:56 PM
    Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents




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  • Sreeshankar
    01-25 08:42 AM
    Hello friends;
    Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
    Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.

    Thanks in advance for sharing any information
    Venu

    Greetings,
    Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).

    which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)




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  • augustus
    05-05 10:52 AM
    Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.


    Gurus / Attorney,

    Please suggest..

    I got RFE for my employment verification and bona fide marital status..I have following questions..

    I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.

    I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.

    I would highly appreciate your any advice in this regard.

    Thanks,

    EB2 - India / PD 04/06, I485 receipt date 09/07




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  • sonu9
    07-28 05:59 PM
    :mad:Hello Attorneys/ known guys,

    How are you doing ? i am new to here. i will fill all details soon. sorry for that.

    Before i stayed in place "X " which comes under nebrasaka centre, applied for 485, ead and ap. my company also in " X " only.

    Right now i am in place " Y " which comes under Texas centre ( because of my job i moved recently) . Now i want to renew my ead and ap my self . my job, payroll and living is in place " Y " only.

    But my pemanent address is " X " only. I want to continue that for my full GC process.

    what my question is what i have to mention the address for my ead and ap renewal ?

    1) is it "X " address as it is my permanent address and applied my 485 also from there and wish to continue or my "Y " address as i am working , living and payroll are here ?

    2) If i mention " X " address is there any problem ? , dont think wrongly as i really dont know

    3) if i put " Y " address is my case ead and ap along with 485 will move to Texas centre ?
    i really want to avoid it if chances are there in good way as my case before everything in Nebrasca centre compared to Texas centre procesing time is good

    4) If i put " Y " address i will get any RFE ?
    I really dont want that as my 485 was applied from " X " place.

    please answer . Thankyou in advance.



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  • nat23
    06-14 11:17 AM
    I would recommend you stick to you H1B by getting an extension on H1. The problem with EAD is that EAD extensions take long and there is no guarantee your EAD extension will be granted before the present one expires. If this were to happen you are out of status (ppl correct me here if I'm wrong). So maintain ur H1 status as far as possible.




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  • Waitnwait
    01-26 12:58 PM
    i have asked the question to president. i guess number of votes matter on what questions will be asked. so i request to all of you to vote for my question.

    Please search for this text

    "antcipate any relief for skilled immigrants in near future?"

    and vote for it... Good luck



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  • moolchand_2002
    03-24 04:11 PM
    Hello

    My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
    -------------------

    DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
    Upon consideration, it is ordered that your I-485 be denied for the following reasons:
    On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)

    On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
    Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
    Section 245(i) of INA further states, in Pertinent part that:
    (1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
    (A)WHO-----
    (i) entered the United States without inspection: or
    (ii) is within one if the classed enumerated in subsection (c) of this section:
    (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
    (i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
    (ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
    (C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
    may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....

    8 C.F.R Section 245.10(n) states in pertinent part that:
    (n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
    (1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.

    Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
    As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
    In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
    (1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
    (2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
    (3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
    (4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.

    Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
    Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.

    USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
    ------------------

    Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.

    I am really very depressed and tensed please help.

    Thanks




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  • BharatPremi
    10-10 09:29 AM
    [QUOTE=ronhira;2013124]tarikh pe tarikh.... tarikh pe tarikh.... kaab taak????? QUOTE]


    :D Perfectly relavent dialogue. Sunny Deol might not have a clue that he is representing the anger and frustration of EB3-India lot but ofcourse completely in a wrong court in a wrong country.:D



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  • Hassan11
    04-09 10:40 AM
    Here is my situation:

    I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??

    Please advise. Thank you in advance.




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  • gonecrazyonh4
    07-20 02:49 PM
    Thanks to all who responded.



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  • hazishak
    08-01 11:16 AM
    I know it is not the right place to put it. But I could not find any appropriate thread..............................:( :( :(




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  • eb2_mumbai
    10-09 04:23 PM
    Effectively copy paste of Oct bulletien. Not suprised but definately disappointed.



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  • redelite
    08-20 03:11 PM
    Allllllllllrighty... here's my attempt at the O RLY owl..

    http://www.kirupa.com/forum/attachment.php?attachmentid=47605&stc=1&d=1219259362

    Edit: Man, a second look at it and I think it might be too light...




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  • logiclife
    02-04 01:37 PM
    The last line on this article may mean something for us. Hopefully.

    http://tracypress.com/2006-02-04-nation-one.php



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  • ns007
    03-26 02:08 PM
    Thought it would be fun to see the results. Please include ONLY your salary not the household salary. Your salary excluding bonus/perks/benefits etc.




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  • kondur_007
    11-09 02:54 PM
    Dear all,
    Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
    But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
    My quires are.
    1. Do i need to go for stamping in Canada or Mexico
    2. Can i work for company B with my H1B approval
    3. To start my new job, do my employer should change my status
    4. If going for stamping do my dependents also should join me.

    Actually i have very short time to make my plans , please help in finding solutions for all my quires.
    With Regards
    Ganesh

    I have an entirely different opinion than what is mentioned above; so please read carefully:

    I understand that you are currently working on L1B visa and want to switch to H1b from Dec 19th. Your H1 petition is already approved.

    1. If your H1 approval notice (form I 797) has I-94 attached to it, that means it came with CHANGE OF STATUS. In that case you can simply start working from the start date mentioned on attached I 94 (will need new I 9 filed with employer; showing the change of status from that date as well).
    Now, your dependents will need to be on H4 status. Was their change of status filed along with your H1? If so and they all have H4 approval notice with attached I 94; they are ok and none of you need to go out of US for visa stamping.
    If you or your family do not have change of status (and therefore no attached I 94), change of status can even be filed now from within US; if that was not filed with original H1 petition; But you must file it before you can start working on H1.
    Another option is to go to Canada or Mexico for stamping for yourself and the family members; this is especially a good option if your education is from within US (something they can verify); if not they can ask you to go back to India to do so.

    So all depends on two things:
    1. Does your H1 approval notice have I 94 attached to it? what is the start date on that I 94?
    2. Do all your family members have H4 approval notice along with I 94 attached?

    If not; you either have to file change of status (and also H4 status for dependents if not already done) from here OR you have to get the visa stamped.

    Good Luck.



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  • Pineapple
    08-05 08:27 PM
    I have to self file I-765. My 485 filed by employer to Lincoln, Nebraska. Address not know to me.

    Please some one post where i can send my 765 application before Aug 17.

    Thanks

    If you are mailing via courier, then send it to

    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508-1225

    Hope this helps.




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  • ras
    06-22 04:23 PM
    Is getting H1 transfer with extension based on the I 485/I 140 is considered to be using AC21. Does the H1 job description need to be similer to the I140 job description?

    In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?




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  • ivgclive
    04-23 06:09 PM
    I completely agree. Members like ivgclive should to be banned. This is a public forum. If you know the answer, speak up, if not "SHUT UP".
    Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.

    You are most welcome.

    Telling people "create thread only if you have the RFE information" becomes a "wrong" in public forums.

    It is like "I filed I-485 last week, anybody on the same boat".

    Wait for few days, get the letter, read it, understand and ask questions.

    Oh, I am sorry, only people aks 'questions' are entitled to ask anything, I should not answer or correct them if they are wrong.

    Go ahead.




    Leo07
    05-20 01:53 PM
    Let's also help...people who did not file for AOS yet!!!




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    04-28 09:54 PM
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