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  • ingegarcia
    10-05 02:04 PM
    I have some friends that won the lottery in January/06, enter to the USA got their EAD, SSN, and couple of months later they got their green card by mail.:D





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  • breddy2000
    01-04 02:59 PM
    Thanks for replying to my message. Even if she leaves the country, she has no H1 or H4 visa stamping to come back. Her COS(H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 and we didn't knew that we have to apply for H4 side-by-side. Bcoz of this situation, she has neither of the status. Even if we want to apply H4, her H4 is already expired in Aug 2006 and I am not sure if we can apply for H4 now. Can we apply for H4 now...??

    Regards,
    -- Venkat

    Recently there has been and update on the H1 , L1 Law stating that they have de-coupled the max limit stay on H4-H1 Visa time limits. Meaning, a period spent on H4 is not counted for 6 year limit on H1 Visa and also does not depend on ones spouses 6 years limit. So, it may be possible that you can get her H1 extended beyond the Expiry Date.

    I'm not very clear about your problem((H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 ) How can the Visa expire in 3 months? But i would suggest you to contact a Good Lawyer in this matter. We did it and it worked for us...
    Also see this link on H1-L1 decoupling issue here.

    http://www.murthy.com/news/n_depfam.html





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  • sujith1
    07-30 12:41 PM
    Same situation happened to me - My status shows as card production ordered while hers have no update.

    The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon





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  • Krilnon
    11-20 03:06 PM
    It's fairly likely, since the judges will have made their selections before the weekend. I guess it depends on what Kirupa has planned for the weekend. :sure:



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  • reddy77
    01-13 06:11 PM
    Thanks Guys for taking time and replying to my questions, was able to get answers for all my queries. Thanks ...





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  • file485
    07-17 11:25 PM
    Thats why I degraded my cable service so that CNN will be blocked.

    haven't you heard 'keep your friends close..keep your enemies closer'...blocking the channel might not help...

    there is an online petition happening here..

    after we have seen what can be achieved, I don't think so it will be really tough to make it clear..



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  • apb
    09-11 03:05 PM
    I saw two soft LUDs on Sep/9 and 10th after I opened a SR on Sep/4th.
    Still waiting. Anybody had similar experience?





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  • ajp5
    05-05 10:15 AM
    It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.

    That is incorrect. It does not have to be approved before you can start working. My wife recently got her H1 to H4 to H1 approved and she started work as soon as H4 to H1 was filed.



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  • nhfirefighter13
    May 3rd, 2005, 04:55 AM
    Nice work Anders. Personally, I pan for the stuff on the ground and leave the in air stuff static.





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  • reddog
    04-17 12:26 PM
    This is a poignant question for everyone. Any experts that know the law and psychology and the theory of standing in line please answer.

    Let me also add one more question. I have a pet that I am bringing from abroad. Which line should the pet stand in? I do not want the IO at Port of entry to call my employer and ask if he tried to find US citizen pets for me .

    Pets are considered cargo. They do not need visas to enter the US.



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  • immi_enthu
    09-28 04:51 PM
    Q : Is USCIS prioritizing certain application(s) during the receipting process?

    Yes. The Application to Adjust Status (I-485) will have first priority because USCIS needs to ensure that these applications are receipted in a timeframe that would allow processing of an application for an Employment Authorization Document (EAD) within 90 days of filing as mandated by law [8 CFR 247a.13(d)]. Our second priority will be to receipt the Application for Naturalization (N-400) so that we can minimize any delays in obtaining citizenship.


    I am sure USCIS will break this law on numerous counts on Oct 1st as all the July 2nd filers will have past 90 days on that day.





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  • dealsnet
    12-05 07:06 PM
    If any greencard holder is convicted say for 5 years, he need to serve the term and will deport to his home country with escort. I know a man came here in 1969 (that time World trade center is still on construction) and didn't take citizenship have a dispute with his wife and she fix him with the help of her lover and went to jail for 5 years; he got deportation order after his sentence. He appealed and got rejected. Post 9/11 period he took a wrong 'U' turn on a road; police caught him and checked his details find he have a deportation order. He is send back to India within 2 weeks to Bombay with 2 escort.



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  • VenuK
    06-15 01:20 PM
    hi,
    Can someone help me with the situation i'm in.
    I had H1B Visa validityfrom X company from 06/2004 - 12/2007.Applied for extension in June 2007. I had
    query on it and i got status update in Feb 2008,stating request for evidence(RFE) documents.
    X company send the documents but got denial on May 2 , 2008. I had 2 options at this point of time
    first one was make an appeal with right documents. second one was to leave the country in 30
    days which i has NOT choosen obviously.
    In the mean time, i have applied for H1-B Transfer with new company with premium processing. Also made appeal with old company (X) , I'm waiting for the decision of appeal. but now, i got
    APPROVAL on my H1-B Transfer with new company.
    I-94 that i have on my passport is with Old company(X) .

    Question is:
    I need to revalidate my visa that was expired in December 2007. I received my H1B extention last week
    when i met Immigration officer close to where i live. she said u r good to travel with new I#94 number (which is same as old one). but without visa how would it be possible.
    Do i really need stamping to go out of US to visit my native country?

    Pls advise. Any answers would be appreciated





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  • calaway42
    10-04 01:31 AM
    hey after im done deleting.. it says Now deselect (CTRL +D) now holding CTRL move the highlight of layer to down 2 pixels and right 2 pixels so it look like the image opposite. i dont get what "move the highlight of layer" is..



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  • gotgc?
    09-16 06:13 PM
    Hi,

    Here is my case specifics:
    --------------------------

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.

    Thanks





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  • piyu7444
    03-26 02:44 PM
    I got another CRIS email today. Can anyone tell me what is the 'standard processing' mentioned in the email below?
    Anyone else know what this means for the status of my application?

    Thanks.


    -----------------------------
    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: LINXXXXXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov (http://www.uscis.gov) under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)

    Someone else had posted earlier a similar topic/question.

    I was trying to find the what is invloved in "Preliminary Processing" and this is what I found at
    http://www.uscis.gov/propub/ProPubVA...e8fe53f9aa0e3c (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=2ab34436fb933cfd72e8fe53f9aa0 e3c)
    (f) Preliminary Processing : The evidence supplied with the application is first reviewed by an officer at the National Benefits Center (NBC) to establish that the applicant meets the basic qualifying criteria to apply: he or she is an eligible alien, and he or she is not statutorily ineligible due to a felony conviction or convictions of three or more misdemeanors. If the applicant passes the preliminary processing at NBC, the application is forwarded to the District Office with jurisdiction over the applicant’s residence for an int erview and adjudication of the remaining eligibility requirements (e.g., continuous residence, physical presence, admissibility, citizenship skills, etc.). If more than one A-file exists for an applicant, files should be consolidated prior to forwarding. If filed by the applicant, EAD and advance parole requests may be processed after such applicant passes the preliminary processing. If the applicant lacks sufficient evidence to pass the preliminary processing, a Notice of Intent to Deny should be issued.

    My assumption is that STD processing is same as preliminary processing.

    Hope it helps.



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  • xbohdpukc
    03-15 05:17 PM
    As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.

    As per Adjudicator's Field Manual:

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.

    The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.

    You can always hope for the best and get ready for the worst.





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  • kish006
    11-06 11:47 AM
    Anyone who filed in July still waiting for a receipt / rejection notice?
    I filed on July 2nd - haven't heard anything yet.

    Hi,

    did u gout ur receipt notice. I am still wating on my receipt. I called USCIS yesterday still not there in the system.

    Please let me know if u got ur receipt number.
    any one else who are wating on receipt number who filed I-485 on july 2nd.





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  • goel_ar
    12-18 06:05 PM
    Hi All,

    SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".

    I can't start working until I get SSN as it is small company. I am their first H1 employee.

    The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.

    Any suggestions , asap, will be greatly apprciated.

    I am not sure who am I suppose to contact. Please help...

    I am really afraid & depressed.

    Thanks,
    LG





    ski_dude12
    04-01 05:51 PM
    Why did you not stick with the approved labor with company A, thus retaining the priority date of Nov 2006???

    If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.





    rvr_jcop
    02-18 11:15 AM
    Incorrect.

    As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
    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.

    ______________________
    Not a legal advice.
    US citizen of Indian origin

    Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.

    I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...



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