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  • dc2007
    08-06 06:32 PM
    I send PM to pappu and he replied me immediately. He is a great guy..

    I will try to contact IV lawyer. But I have send this query to my employer also and they will try to get help from some lawyer..

    I will update here once I get answer..

    Thanks for all the help





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  • lonedesi
    07-14 08:38 AM
    Very interesting facts about last year's GC allocation for EB category. Here is the top 15 countries that used up last years GC under this category. Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.

    Philippines 23,733
    India 17,169
    Korea 10,886
    China, People's Republic 9,484
    Mexico 8,864
    United Kingdom 6,409
    Canada 6,382
    Brazil 5,553
    Ecuador 3,990
    Poland 3,710
    Colombia 3,242
    Pakistan 3,136
    Venezuela 2,308
    Peru 2,305
    Germany 2,197

    For people curious about the family based allocation, following is the top 15 countries that used up last years GC's

    Mexico 62,998
    Dominican Republic 17,563
    China, People's Republic 16,573
    Philippines 16,020
    India 14,525
    Vietnam 12,781
    Jamaica 6,218
    El Salvador 6,003
    Guyana 4,954
    Colombia 3,828
    Pakistan 3,777
    Haiti 3,624
    Bangladesh 3,384
    Ecuador 3,095
    Poland 3,051

    These & more interesting information can be found in the spread sheet posted by DHS on their website
    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls





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  • smaram1
    11-24 08:44 AM
    � Confirmation Receipt of E-filing
    � Letter with the reason explaining why do I need to travel
    � Copy of I-485 receipt
    � Copy of I-140 receipt
    � Copy of I-94 both front & back
    � Copy of EAD
    � 2 Passport photos
    � Copy of marriage certificate
    � Copy of Driver License
    � Copy of Passport





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  • rajivkumarverma
    10-15 09:26 PM
    Hi
    I filled my I-140 & I-485 on Aug 2007.
    My I-140 got denied on August 28-2008.
    I came to know about my denial on Oct-15-2008
    I did not get any REF on my I-140
    My I-140 was filled under EB-2 category
    My Labour does not metion anything about EB2 or EB3

    What are my options ??? :confused:
    Can I apply for MTR? My attorney is saying you need to start all over again
    Please advise



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  • svreddy
    03-05 09:34 AM
    also in same situation. Recently did a interfile from EB3 to EB2 ( diff employer ). No update yet. There is a soft LUD on my I 485 but no update in status. Did any one ported recently ?

    Thanks





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  • roseball
    03-08 07:24 PM
    Hi,
    My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.


    Looks like a very complicated issue....I hope you applied for a Change of Status to H4 when your H1 was denied in Oct 2007...But this might not be necessary as you have a pending AOS.....However, the AOS was filed assuming you were in H1, so it gets complicated as your H1 was denied....Consult a lawyer ASAP.....Incase you are considered out of status since Oct 2007 (I dont know if you are out-of-status), then you need to take some action ASAP so the 180 day rule doesnt apply to you...The reason why your H1 transfer was denied in Feb 2007/Oct 2007 is obvious, due to lack of employment history with Company A......I hope your husband is still on H1 status so you can convert to H4 and work on EAD...I would get a H4 stamp and re-enter the country asap on H-4....I am not trying to scare you but there are high chances that you will be called for an interview or a RFE will be issued....In that case, if you re-enter the country on H4, the immigration officer can only question your status from the latest date of re-entry to the RFE/Interview date.....There was a separate thread on this..You can search for it...



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  • India76
    09-17 01:20 PM
    Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
    I would like to know our options to reenter the US.

    Our status:
    1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
    2. We both have Valid AP and is expiring in feb 2011.
    3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
    4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.

    My questions (I know this has been discussed many times in different threads but its all spread across with different information):
    1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
    2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?


    Please advice as soon as you can.
    Thanks





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  • pappu
    06-16 09:22 PM
    Good comparison. if you have more informatiion, do add to this thread.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.



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  • diptam
    06-04 01:04 PM
    Hey,
    Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.

    Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:

    Hello diptam,
    I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
    Thanks





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  • sam_austin77
    12-11 12:30 AM
    L1A visa, validity May 2008
    EB 1 category
    I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
    When and how can I excercise AC 21 portability
    Do I need an EAD for this



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  • dealsnet
    09-08 03:40 PM
    Get ready for an interview. USCIS transfer your petition to NBC for interview by local office.
    Go with a $1000/day lawyer, or, if you are confident and clean case, go alone with all documents.





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  • paskal
    10-23 02:35 PM
    pretty please..

    can't say no to that!
    really iv members- no one should have to beg for a couple of hours of your time. this affects us all. it's really a small request- a booth at a diwali mela...now that is hardly the worst thing you could do with your life and time. please don't reduce your leaders to this.



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  • pappu
    02-17 11:40 AM
    we worked on this op-ed article and Nitin did exceptional hard work and we can see the results here -
    Hindustan Times Article about Discriminatory Amendment
    http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=ViewsSectionPage&id=26183b7b-d7fe-4db4-a081-f54262ab1fd7&MatchID1=4924&TeamID1=4&TeamID2=2&MatchType1=1&SeriesID1=1244&PrimaryID=4924&Headline=Anti-immigrant+song
    OR
    http://immigrationvoice.org/forum/showthread.php?t=23776&page=1000

    We encourage all members to send us op-ed articles and will do our best to get them published in the media.





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  • texcan
    10-24 04:30 PM
    yes, really I missed that oppurtunity by 7 days. my only question is
    Can she stay here until I94 expires? or for 180 days?

    Thanks

    talk to a lawyer, or check forums...if you were too close in approval/marriage dates there will be some way to clear this up.
    First try to get her here on H4 and then chase her GC application.
    Afterall, marriage is important



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  • pointlesswait
    01-28 05:21 PM
    Obama's Father.. was from kenya :D





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  • srikondoji
    08-28 12:50 PM
    To all,
    If your EAD is not expiring soon (within 10 days) and your EAD renewal is still pending, there is chance that your expedited request may not be processed at all.

    THis is what happened with my Wife's EAD renewal.

    My Wife's EAD is set to expire on Sept 4th and was in a danger of loosing her job, if she didn't have her new EAD in time. There was no word/status_updates about her pending EAD renewal for the past 2 months. Complicating things further she only recently received FP notice.

    We contacted our lawyer and she said that we are not eligible to file an expedited case as it is not even pending 90 days, but she did advise us to give it a try.

    So, my wife called USCIS on August 26th (promtly at 8:00AM) and gave all the details to the Rep. Rep said that she will expedite the case and wait for 5 days to get a response. She said that they will send an email, if USCIS requires additional documents and also asked us not call again within 5 days.

    Surprise, surprise, The very next day, her EAD case status got updated with a message "Card Production ordered......."
    Usually, there would be "EAD approved" message followed by Card production ordered. However, in this case, they directly jumped to "Card production ordered..."

    My Advise is to call USCIS, if your EAD is set to expire in just few days. They can do many things out of way to help out.

    Hope this helps.
    --sri



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  • WAIT_FOR_EVER_GC
    07-30 10:47 AM
    your lawyer (and most of them including some famous on wwww) are dhakkan. They have no clue what's going on with vb. They just know how to fill some some form , that also they screw lot of time.

    you are so right. I had to sit with my lawyer to file my i-140.
    He is a b****. They do not know anything because their main motive is to get
    customers and apply.
    What will happen they can neither predict, nor bothered about it.
    They just check the bulletin and tell you as if they know inside information.

    bu*** shi****





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  • GCwaitforever
    06-19 04:09 PM
    I heard that once we start using EAD (immigrant intent), we could never go back to using H-1B (quasi non-immigrant). Many lawyers suggest not using EAD as yet because if I-485 is ever rejected for any reason, we could still be on H-1B and go on for few more years and leave the country comfortably. Without H-1B in those circumstances, we would be out of any status and we have to leave the country immediately.

    Your friend might have applied for EAD, but primarily he must be staying on H-1B only. His wife could be using the EAD very much.





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  • ajay
    03-10 03:31 PM
    Friends,
    Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:

    Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
    We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
    Please mail any of your queries to our customer support team at

    Also the remittance options menu has disappeared.

    I am also facing the same issue and when I open up the page same message pops up. I don't know if it is something to do with VA state. Have been using Click2Remit(Kotak) and Remit2India for the time being.





    BharatPremi
    10-24 09:11 PM
    I filed my application on July27th. I completed my FP on Oct 10th but haven't receive any news on EAD. My online status is still "Case received and Pending". It is mentioned on the USCIS website that the USCIS needs to provide EAD within 90 days of the filing as mandated by law [8 CFR 247a.13(d)].
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e7ee6a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

    When do USCIS start counting 90 days from? date of filing or date on which they acknowledge the case? The online status says that "On Aug 30th we recevied your case..." So in my case the 90 days counter starts from July27th or Aug 30th?

    The date in 'Receipt Date' field on your 485 form is the start date of your 90 days calculation.





    I_need_GC
    07-24 10:41 AM
    tricky question general rule.

    1 week (not recommended questionable by USCIS if complained by anyone):eek:
    1 month Questionable by USCIS
    2 months ok might not have problems at passport filing
    3 months preferable relatively safe
    4 months plus you are pretty safe.

    Hope this helps