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Sunday, June 26, 2011

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  • panky72
    10-01 10:01 PM
    If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?

    I cant answer your other Q's but I believe that she is still eligible for H-4 visa based on your H-1 status. I don't know if you can apply right away or wait until their enquiry is complete.

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  • iamakshay
    05-28 05:43 PM
    Thanks Ryan for reply but I am bit confused... Do I need to have US Visa for working with Canadian company, even if company don't have anything do with US.

    It's canada based company and will be working remotely.

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  • EkAurAaya
    06-01 06:18 PM
    It doesnt matter at what day you apply, there are a lot of applications "pending" from before that will take up the "available" visa numbers, we still have to go through name check and other stuff that takes forever :D its a black hole all you can do is pray and hope your application gets looked at soon and the visa #'s stay current for atleast another 3 months.

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  • pal351
    05-27 04:35 PM
    I called and my employer called them. they said case is ending no further info. is available.

    thanks for replys.


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  • GCHope2011
    09-14 05:57 AM
    Thanks for all your replies!

    My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.

    I was holding H4 visa before I started using the EAD.

    Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.

    I definitely want to speak with an attorney so Gus I will PM you.
    I certainly hope that my interpretation is wrong and that you are not in violation.

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  • TUnlimited
    09-15 12:38 AM
    I stop worrying about it and finally got all the receipt notice.

    Is there menthal link between USCIS actions and their Clients?:D
    Sort of if you do worry about things, they intentionally make it difficult for you, and if you drop it, they think - Well, this fella does not seem to worry about thing, let's make him happy!


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  • EB2_Jun03_dude
    11-29 07:02 PM
    thanks for your suggestion.

    However My I-485 has been pending since June 2005. If it was a medical question RFE they should have found out when it was applied: "initial evidence" (or within six months) or does this happen only when the case is picked up for processing ?

    Also this brings up a good point as to what possible reasons can there be for which a RFE can be raised at this point in time (RFE for "additional evidence") ?
    1) EVL with current job desc, compensation and full-time employment
    2) Last few/All years Tax Returns/W-2. Recent Paystubs.
    3) Evidence of legal status throughout the stay in US

    what else ?

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  • digital2k
    08-06 12:39 PM


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  • jonty_11
    07-05 03:39 PM
    I dont think WE are bred to be competitive as u said....
    if that is the case we would left the whole world behind in growth and prospoerity and would not have to seek immigration to US.

    I would call it unhealthy competition

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  • richana
    12-03 12:11 PM
    This is great news


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  • PDOCT05
    10-30 03:17 PM
    I filed Concurrently I485 and I140 on August 13 . I have recieved the application rejected notice due to missing signatures on the financial statement by my employer (Hard luck i guess or smartness by employer dont know). As per USCIS statetment they have requested to complete the Application as signed and sent back including the fee and form.

    The notice havent mentioned to refile with new fee . COuld anyone please advise on urgent basis
    if new fees is required ?
    Would i still be assigned old processing date or it would be considered as new application ?

    As per my research USCIS should accept the Old Fee..we never know they may reject...as a safe side refile the application as per the notice and write a separate check for the diff amount of old and new fees.Along with the check include a letter mentioning about the new check.

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  • sunny1000
    10-14 12:51 AM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    Does she or does she not have a green card in her hand?

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?


    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Not true.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

    4. Are not all greencards created equal?

    Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

    Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.

    Read between the lines for answers.


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  • knowDOL
    06-05 09:27 AM
    oh! what a luck. I have not come across anyone who has this situation. My guess is that you should have no problem for 1 year extensions but you cannot get 3 year extensions because 3 year extensions are only for people who cannot file for i485 because of retrogression and you do not meet that criteria and According to Yates memo you are eligible for 1 year extension.

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  • krchowdary
    01-18 03:17 PM
    we are all once H1b holders


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  • anuh1
    03-24 02:21 PM
    I am also in the same boat. i have applied for PWD on second week of Feb but still waiting. it looks like it is taking around 6 to 7 months just for applying labor and after that approval will be one more year assuming no RFE.

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  • paskal
    08-14 04:02 PM
    July 2nd 8.46 AM received by PITCHER[Aug,14 16:59 ET]
    July 2 - Fedex - 7.55 AM - Recd: R Williams[Aug,14 16:58 ET]
    NSC July2, 1025AM J.BARRETT[Aug,14 16:58 ET]

    is this not going a bit far????

    c'mon iv'ers, check out iv-merchandise, volunteer, contribute, call friends, ditribute flyers...so much to do!


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  • amitga
    08-27 01:22 PM
    Had the visit. Went very pleasant but fruitless. Officer told me all checks except "background" check had been done. Beyond this, she refrained from making any usefull remark.:rolleyes:

    BTW: It's a nice big and open facility!

    How long you had to wait?
    Where is the office located in Detroit?

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  • lotta
    07-18 03:01 PM
    Hello guys,

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!

    I-140's do not have an expiration date.

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  • maverick_joe
    05-05 04:20 PM
    when did you file your 485? I really woudnt balme you for calling multiple times..but if its been 60 days since the current processesing dates(check the processing date of the service center you filed your case at) then there is absolutely no harm calling them to check the status.

    Finally, I am current now, I spoke to IO today again ( Again means I call them every month, every week atleast once & So far I got Nice IO's)
    She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.

    I wanted to know that what impact does one have for calling IO's multiple times.

    EB3, Oct'01
    485- Jun 1st 07
    No LUD's since Aug ( Address change)
    Applied for 2nd AP & EAD last week.

    11-05 09:06 PM
    this was known all along (maybe not in as much detail as shown by your post) and people still decided to vote the republicans. I am not surprised though because these were the same people who voted Bush for the 2nd term and the reason for voting Bush was that they thought he was the better guy to go out and have beer with!

    05-19 02:39 PM
    Welcome to our newest member, mmohan03

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