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Thursday, June 30, 2011

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  • indyanguy
    07-17 09:16 PM
    My lawyer sent out the LC Substitution/140/485/EAD on July 2nd and said that all these can be filed concurrently and he wanted to take advantage of the dates being current.

    I read in several forums that it's necessary to have the LC substitution stage completed before filing for 140/485. Is this true?

    Is it possible that there are more chances of LC substitution denial? If so, what are my options?

    Thanks!

    PS: This is a genuine LC substitution case!





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  • eilsoe
    09-30 08:43 AM
    I have a scanner. Cheap *** sh*tty scanner that renders green lines all over my scanned artwork...





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  • Ennada
    09-16 02:57 PM
    niklshah, thanks for the suggestion....

    TSC is processing May 20 EADs and our R.date is July.





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  • gc_chahiye
    11-17 07:43 PM
    I have received FP notices both for my wife and myself for both 485 & 765. Code 3 ,2 . The question is :I dont know how FP process works. My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK. Ofcourse through speaking with Canadian Consulate they gave her an exemption over this. Now many of my friends have informed me that FP process is Electronic is this true?

    I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.

    its electronic, so you should be ok. They are also very patient, and try a lot ways to get clean prints (using wipes etc) [atleast at the Oakland ASC]



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  • ho_gaya_kaya_?
    11-19 11:26 AM
    I got my receipts last weekend

    It was some what similar story for me.
    I my case my wife's app and mine got separated-
    Mine got rejected on grounds of incorrect fees (there was a single check)
    my wifes app turned up after a month or so
    we refiled and got the receipts

    I am now trying to find out what to expect for EAD and AP
    I wonder if special handling cases get a better turnaround

    Keep me posted with what happens with you- and maybe we can start to geta n ide as to what to expect next





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  • eastindia
    01-29 10:02 AM
    Please let me know how can i get information for Family Based GC Category 2B. I am trying to find out expected time frame for GC filled in 2B category in May 2005.

    I would be very thankful for you immediate reply.

    Please Reply

    Thanks

    You can try filing a FOIA request with USCIS and ask them to give yo information. It will take lot of time though. Immigrationvoice filed FOIA request last year and now USCIS shows all EB data to everyone.



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  • pvadduri
    01-25 11:17 AM
    I am one of the unfortunate few who could not cash in on the July/Aug 2007 opportunity to file I-485 due to my Law Firm's mistake. Here are the details of my case:

    - My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
    - I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
    - My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
    - By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
    - CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
    - My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
    - My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability

    My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
    I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!





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  • jangolouis
    03-19 10:55 AM
    I went for H1B stamping, but i know a friend of mine went for F1 (PhD) extension and had to go through the same process. I called Dept. of State multiple times, dont expect a polite response. They may even say it may take years. Thats what they told me the day before i got the visa. Dont worry your wife will get the visa eventually. Tell her to enjoy India in the mean time like i did on my forced vacation.



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  • kirupa
    04-22 05:01 PM
    It looks really good :) Have you considered adding a monetary value for the stamp? If not, I'll add it up like this.





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  • eb3_nepa
    06-08 10:59 AM
    i dunno abt May 2001. But here is the prediction for Eb3 India being current.
    ..
    ...
    .....

    NEVER!! :p



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  • Ann Ruben
    04-23 06:54 PM
    That could be viewed as remuneration for services thus meeting the USCIS definition of employment. At least theorhetically, this would violate your H-1 status.





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  • cbpds
    09-01 07:34 PM
    what are u acheiving out of this poll???? get back to work !!



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  • VivekAhuja
    06-16 07:29 PM
    No one can guarantee you what you will be asked for. Take everything that you normally need. Legally company MUST give you pay stubs in some form (electronic or paper) if they have paid you. What is the reason for not generating pay stubs if you have worked there after I-797 approval notice or even just after filing? Visa stamp on passport is not required.





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  • sweet_jungle
    07-27 05:17 PM
    Hi,

    There seems to be a lot of mixed information about F1-OPT and I-485.

    My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.

    Can she apply for OPT?

    I will appreciate if someone can shed light on this.

    Thanks.

    She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
    The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
    Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status



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  • Blog Feeds
    06-24 01:20 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Citizenship and Immigration Service (USCIS) has extended the time period for information collection (http://www.aila.org/content/fileviewer.aspx?docid=31614&linkid=220246) for Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document until July 23, 2010.

    During this period, USCIS will be evaluating whether to revise Form I-102 (http://www.uscis.gov/files/form/i-102.pdf).

    The purpose of the form: for a nonimmigrant to apply for a new or replacement Form I-94 or I-95 Nonimmigrant Arrival-Departure Document.

    Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially comments regarding the estimated public burden and associated response time.

    Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to be collected; and
    (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Comments may be submitted to:
    Department of Homeland Security (DHS), USCIS,
    Chief, Regulatory Products Division, Clearance Office,
    111 Massachusetts Avenue, NW
    Washington, DC 20529-2210

    Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov.

    **When submitting comments by e-mail, please make sure to add OMB Control No. 1615�0079 in the subject box.





    More... (http://www.h1bvisalawyerblog.com/2010/06/uscis_issues_extended_informat_1.html)





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  • anura
    04-28 01:26 PM
    On the lighter side,

    "Superman renounces his U.S. citizenship

    I thought he died because Bush wouldn't authorize embryonic stem cell research. Anyway he is an intergalactic illegal immigrant from Krypton.



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  • aguy
    07-27 05:40 PM
    Does it mean that if she graduates before the I-485 is approved, she cannot work? Or can she accept employment on the green card EAD even though the I-140/I-485 are pending. What will be her status during that period?





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  • amslonewolf
    11-01 03:59 PM
    I think you should send a copy of the 485 Receipt notice.. This is a classic, Right hand not knowing what the left hand does situation with USCIS..

    I received an RFE for my EAD renewal.
    It says "Please submit proof that you have filed an I-485 Application"

    I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.

    Please let me know.
    Thanks.





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  • LondonTown
    05-21 01:50 PM
    How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial?

    It was due to attorney's mistake.





    vikasgarg24
    07-12 10:09 AM
    I think this become a problem for USCIS. might be they have some political pressure "not to allot Visa" and I dont think they will reversed. That I say American dadagiri. Rules for others only not for them





    dingudi
    02-22 11:04 AM
    Hi,

    I know there has been lot of discussions on things to do and not to do after changing jobs - but seems like there is no definitive conclusion. Thought of getting opinion on following:
    (i) Generally people suggest to send G28 to change the lawyer representation - this helps in tracking what is going on without missing any RFE's.
    (ii) Regarding AC21 letter informing USCIS there are contradicting advice even from lawyers - some say that dont do anything until they issue an RFE. Thinking here is that we would attract USCIS attention by sending an AC21 letter that could potentially delay. By not sending the letter they might just approve without any questions.

    Based on this, I initially thought of sending just G28 but not AC21 letter. But once we send G28 to change lawyer representation, my application get USCIS's attention anyway - so I am thinking why not send AC21 letter as well as a back up.

    Any opinions?
    Thanks.


    You may want to change lawyers for many reasons including personal dissatisfaction, lawyers messing up, high fees , and more... I do not think this will attract so much attention in comparison.Just my thought.



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