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Wednesday, June 29, 2011

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  • icecold_astro
    09-28 04:35 PM
    My parents came here on last saturday and the I.O at Port of Entry told them he's giving them 6 months to stay with me but when I looked at their passports, my mom's I-94 was stamped for only 3 months whereas my dad's passport was stamped for 6 months. If I go ahead and apply for 3 month extension for my mom when is the best time to do it? They have their return tickets in March and they don't have any intention to stay beyond that period. I was just wondering if it's just a stamping error of if they indeed has given my mom only 3 months. Attorney's please respond.

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  • cbpds
    08-08 02:55 PM
    My wife was applying for her H4, it was listed as Chennai although we had mentioned the state as Karnataka.......everything shd be fine

    Thanks buddy! So I believe it's just the state of the consulate..right?
    By the way was your case kind of same?

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  • Saralayar
    03-18 12:07 PM
    Today i saw Soft LUD on my approved I-140. Is anybody else got same thing?
    I also got one on 03/13/08 on my approved I-140.

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  • draino
    04-15 11:30 AM
    Second one.... the nice weather brought this one out!




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  • nlssubbu
    11-29 11:38 AM
    Hello experts,
    Here is a situation of my friend .
    1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
    2.The lost passport includes the old passport with old visa in it.

    Can you please throw some light as to what are his options.

    Thanks & Regards

    Did he filed a police complaint? If not, ask him to file a police complaint and then apply for a duplicate passport with a copy of old passport along with the copy of police complaint.

    After getting the duplicate passport, (if he goes to his respective embassy, I think he may be able to get the duplicate in a day) ask him to call USCIS and talk to immigration officer. He also may need to contact his attorney who will provide a plan to obtain duplicate copies.


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  • andy garcia
    07-02 09:50 AM
    I live/work in california - and on the I-485 form it says the address is :
    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    Can someone please advise? Apologies if this has been covered already.

    Employment-based adjustment of status.

    File all employment-based AOS applications at the following address:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an EB Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an EB Form I-485 filed based on a pending or an approved Form I-140.


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  • hibworker
    02-13 01:45 PM

    My wife is on a H4 visa. Her visa is going to expire june 2010... she has to go to India later this month on a very urgent work....

    So is it advisable to go considering the scrutiny at port of entry nowadays ???

    FYI she will be travelling by herself...

    Yes she can go as she has valid visa to come back. Let her carry your approval notice, recent employement letter and recent pay stub ... just in case they ask at POE. I don't think you should lose sleep over it. So what if there is additional scrutiny? If she hasn't done any wrong she should be alright.

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  • Becks
    02-23 09:40 PM
    Start renewing your passport asap. Its not a good idea to send expired/to be soon expired passport to USCIS. We will never know what kind of questions they ask. So my advise is please renew the passport asap. It takes max 2 weeks (Indian passport not sure about other countries).


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  • ho_gaya_kaya_?
    11-27 10:08 PM
    I hope you have good lawyer on your case

    We had a similar situation
    My wifes app got separated from mine
    since we had used a single check- my app was returned (the fees was double the amount!!!)
    After a painful one and a half month my wifes application finally showed up- and got rejected (no fees) and we then refiled.

    But the interesting thing was that during this 90 days period- my lawyer had someone at USCIS try to trace the missing application.
    and he used to exchange emails with the supervisor's office on this

    Is his PD current ?
    If yes- then you should be fine.
    If not- then it gets kinda tricky- though not too much
    You have to prove that your app was lost and you are reconstructing the case

    Keep in mind that that you will probably have to withdraw your app and refile with him
    And that sooner or later- your husband's original app is going to show up
    And at that time - you will have two active apps- but nothing that cant be sorted out...

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  • jaggubhai
    08-12 09:48 PM
    I just checked the copy sent to me from my law office. It says I-485 pending for the current status. I got the EAD renewed without any problem.

    I saw somewhere that you can alos write AOS pending.

    Hope this helps.


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  • Green_Always
    01-16 11:12 AM

    Record $14 trillion-plus debt weighs on Congress

    Record $14 trillion-plus debt weighs on Congress - Yahoo! News (http://news.yahoo.com/s/ap/20110115/ap_on_re_us/us_debt_wars)

    Taught of debating if it is worth to live here more ??

    Basically I came here to earn some money and to have some good life ( cleaning my bathroom myself -- lol )

    The way things are going here in US with Jobs / Economy overall thinking if it is worth to live here and worth to get a US Passport or to keep renewing GC.

    I know it all depends on each indivisual perspective and views.. but taught of looking other views on this.

    Thanks and Regards -- Green_Always :-)

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  • Mahatma
    01-15 09:26 AM
    To the best of my knowledge and what I have heard from our international office and immigration lawyers: Once you are counted (Baptised!!!), you do not need to worry about cap-subject ceiling.

    For making it doubly sure, always check with recruiting firm's lawyers and your non-profit company's lawyers. They will be doing the paper work. If confusions previal, you can give advise, counsel or consult attorney.

    My guess is: this is well known fact and may not need attorney. See what others say.


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  • ujayra01
    07-18 04:38 PM
    Hello Gurus,

    My wife is on H4 since 2004 and we filed H1 (Jan. 2007) and her H1 status is pending at this moment. I am about to file 485 (July 2007 current bulletin) very soon.

    I have mentioned that she is on H4 in the I485 related docs. I thought her H4 becomes invalid ONLY after H1 is APPROVED. Is this correct? Please let me know.

    Thanks for your help.

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  • i_have_a_dream
    08-10 11:21 AM
    I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.

    I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

    What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.


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  • joydiptac
    05-18 05:32 PM
    My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
    Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?

    Hope you are posting your question for US immigration. (This site discusses US immigration)
    As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH

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  • tinamatthew
    07-22 07:26 PM
    My attorney has asked for the I-485 to be printed:

    double sided with Flip to Top option.

    Did anyone else do the same?

    Quite a few lawyers request this.


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  • Blog Feeds
    10-05 09:40 AM
    What happens when the laws of America clash with the laws of physics? In the Never-Never Land of Immigration, the natural laws of physics must defer to human-made law. This is the absurd answer of U.S. Citizenship and Immigration Status (USCIS), the Board of Immigration Appeals (BIA) and the Court of Appeals for the Fifth Circuit (CA5) in its Sept. 29 decision, Bokhari v. Holder. The case involves the interpretation of a USCIS regulation, 8 C.F.R. � 274a.12(b)(20), which came into being because of the problems caused by bureaucratic delay. The regulation allows the automatic grant of work permission for up...

    More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)

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  • sameer2730
    09-30 09:06 PM
    Do not submit your I-94 at the canadian border. Just say you intend to come back within 30 days. If you go by road no one will ask you for it either. On the way back show all you documents.

    One important thing. Take all your previous H1b's with you. Take you entire petition papers with you as well. Take your original H1B with the I-94 attached. If your spouse is going with it take all her / his previous papes as well , including the H4 and previous H1 if any. My wife was asked for her previous H1b as well since her last stamp on passport was H4. You should be fine . I have done it and found the procedure very smooth. By road try to take the busy route like the one going through Niagara as they are very well aware of the rule.

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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.

    08-26 02:37 PM
    Sounds like you already have a lawyer, follow their advice. It looks like the RFE is to ensure that you are directly working for the sponsoring company. A letter to that effect from your supervisor should suffice in this regard. I doubt this has anything to do with the OPT/e-Verify stuff you mentioned.

    However, I am not a lawyer, so I would suggest follow your/company lawyer's advice.

    02-21 07:28 PM
    Would recommend doing an appeal for perm. That will keep perm active while your H1 gets processed.

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