Thursday, 30 June 2011

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  • s_r_e_e
    08-25 10:43 AM
    had same issue when i applied, last july. Attorney said H4 receipt missing shouldnt be a problem.




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  • sathish_gopalan
    10-18 12:47 PM
    Can anyone please share info on conversion of EB3 to EB2 after applying for 485 ?. Our lawyer now suggests that they cant apply for EB2 and they have to revoke EB3 application.. Is this applicable to even apply for EB2 labor and subsequent I140. I thought we need to revoke 485 only when we are about to apply for new 485. Also, please let me know if we can apply for EB2 when you are in EAD status and has not invoked AC21. Sorry, if this question was already answered in the forum.




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  • JunRN
    01-26 08:49 AM
    Sorry to hear that...a simple mistake will cause your wait to become longer. I hope your lawyer or company compensated you for all the expenses you incurred during that period. It was truly frustrating.




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  • susie
    09-27 11:23 PM
    Hi all,

    I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:

    Priority Date: Oct. 16, 1996
    Approval Date: Dec. 4, 1996
    Days of Petition Pending: 49 days
    Child's 21st Birthday: May 31, 2007
    Child's age when visa became current: 21 years 62 days

    Need your advices. Thanks!

    In Adlac 2

    It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien

    If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.

    How did you get on with the attorney?



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  • dg_247
    05-19 05:37 PM
    Thanks for quick reply.

    As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.

    Q.Till he gets a project what risk does he have to his status?
    Q.If he gets a project will everything be ok?

    Pls advise

    Thank you.




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  • ragz4u
    03-28 09:39 AM
    As most of us know, Senator Specter and the Judiciary Committee passed a bill last night. All the pro-immigrant legislation remained in there (which is a good thing)

    Senator Frist had threatened that he will bring his bill to the floor if the Senate Judiciary Committee does not do it. Since the bill passed the committee yesterday, most people assume that the Senate will debate Senator Specter's bill.

    WRONG!

    As per this news here http://www.boston.com/news/nation/washington/articles/2006/03/28/panel_acts_to_expand_immigrant_rights/?page=full

    Despite yesterday's vote, Senate majority leader Bill Frist warned that he may substitute his bill, which only enforces borders, and ask the full Senate to vote on it instead of the far broader and more lenient measure approved yesterday by the judiciary committee.

    In any event, a bruising battle on the Senate floor is expected this week. And even if the Senate approves the committee's bill, any measure that appears to provide ''amnesty" to those who are here illegally faces fierce opposition in the House, which in December passed a bill that would erect a fence along the Mexican border and make it a crime to provide social services to undocumented immigrants.

    And while President Bush is a strong supporter of a guest worker program, he has signaled hesitancy to allowing undocumented immigrants to gain legal status.

    Basically there is NO guarantee which bill comes to the floor. Please update this thread as you find more information about this



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  • ameryki
    05-21 07:46 PM
    FWIW as long as you are on H1 I think your family can always get a H4 visa outside the country based on your H1 status and reenter on H4 if that is also being considered.




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  • kmk2002
    02-09 11:27 AM
    Check public data at

    http://flcdatacenter.com/CaseData.aspx


    Here's the site: http://www.myvisajobs.com/H1BVisa/Default.htm



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  • jliechty
    June 12th, 2006, 05:48 PM
    I wish that the closest strawberries, which happen to be the brightest ones that draw attention, could be in better focus. Using a smaller aperture would bring more of the berries into focus. Otherwise, I really like the photo. Good job! :cool:




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  • mhtanim
    09-10 03:01 PM
    My understanding is that once you I-485 gets approved, the H4 gets invalided. She needs an AP to return.

    I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.



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  • sankap
    07-25 03:34 PM
    She definitely would have issues if plan to travel in TN visa. TN visa is not supposed to have any immigration intent.

    The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.

    -Morchu

    I agree w/ Morch: TN, unlike H1B, is not a dual-intent visa. Change to EAD/AP.




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  • waitingforgc
    06-29 04:40 PM
    I am on an H-1 and my wife has an H-4 visa.
    We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
    We do not have an AP as we didn't renew it after the first one (from July 07) expired.
    We do have valid EAD�s (which we have not used until now)

    We have to travel urgently to India for some personal reasons in July 2010.
    What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?

    Thanks in advance.



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  • kirupa
    07-18 05:45 AM
    Added!




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  • skarthy
    11-27 04:41 PM
    Hi ,
    My wife is in this situation where she would like to travel to Canada to see her sister.
    We applied for 485 and have got out EAD( did not apply for AP, thinking of appying now.)
    She has a H1B stamping from her old employer's H1, valid till 2009. She moved to a new company and the H1 there is pending.

    Can she travel to Canada and comeback showing her old stamping ?

    Are we abandoning the current H1 if we go out while its pending ?

    She just wants to see her sister and they wont let them visit either. :(

    Thanks a bunch for your time.



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  • amitjoey
    01-14 11:08 AM
    If they do approve your I485, you still have 180 days to file your dependants. It is called "Follow to join". Do a google search on "Follow to join greencard for spouse".

    Please consult your lawyer




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  • mrjonie
    10-29 03:58 PM
    I havent received my EAD/AP, only received receipts..i applied on Aug 15th.



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  • gchopeful2
    08-15 09:26 AM
    I'm in the same situation. There is a 1 letter difference in my Father's name in the passport and in my birth certificate.

    My lawyer went ahead and filed my 485. I did an affidavit later and sent it to the lawyer. He says he'll send the affidavit only if there is an RFE. Hope the helps.

    ****NOT A LEGAL ADVISE****




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  • shreekhand
    02-19 06:58 PM
    For that to happen a number first has to be generated! There is apparently a block (CIS-SSA name verification issue) that is preventing that from happening.

    sunnymit,

    I would suggest you call SSA HQ in Baltimore, MD and explain to them the situation and tell them that the SAVE system (that check your immigration status) is having possible issues with your case.

    If that does not work, send a certified mail to the local office supervisor and SSA HQ.


    got to the SSN office with ur receipt, tell them you are waiting for ...... long for the card. you need the number to give to the employer. most of the officers would look in the system and would give you the number.




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  • PHANI_TAVVALA
    02-12 07:25 PM
    Restart the whole process starting with filing PERM-Labor. You need to reapply I-140 after this. You can recapture your priority date during I-485 filing.




    sgupta33
    08-28 05:12 PM
    Hello,

    The dept. of labor uses two types of codes, one of which is the SOC code. Yours may be a SOC code (Standard Occupational Classification) or the other one (name I can't remember). If you look at Murthy.com and search for articles on AC21, you'll find information on the two types of codes the DOL uses. The go to the DOL website and do a search for the two types of occupational codes and see which classification system your code matches. Once you access the classification, just look for your number and it should give you a brief description. I did this for my code.




    i_aged_out
    03-22 10:26 PM
    Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks



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