Sunday, July 3, 2011

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  • suavesandeep
    11-14 10:57 AM
    485 has nothing to do with company. Only I-140 is company dependent. So only reason why 485 will be denied based on company is when the underlying I-140 gets denied i.e. Company revokes 1-140 or USCIS finds something wrong with your company which filed the I-140 before AC21 kicks in. In a separate thread there is action item for USCIS denying I-140 and ignoring AC21 which you may want to participate in if you haven't already. Assuming your I-140 is always valid than Your 485 can be denied only because of you i.e. you were out of status, have a criminal record etc.




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  • pscdk
    08-30 02:12 PM
    I applied my 485 as a single on July 17th.
    I got married and then applied my spouse's on Aug 16th.

    Since I am married now, will that cause my application to get rejected as I applied as Single.

    I am not sure how would this be handled at USCIS end ?

    Any idea ?

    I believe your application won't be rejected as you can always add on your spouse to your 485 application after you get married, before your 485 application gets approved or rejected and when your priority date is current




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  • ArkBird
    06-30 02:32 AM
    Why you are concerned? Even my wife opened the company and doing business.... That's what EAD is for....

    Chill! Life is too small to worry about such things.. You are not doing ANYTHING illegal by opening a company. If anything, USCIS should be glad that their EAD is helping the ailing economy.




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  • pady
    01-08 01:34 PM
    Attended 485 Interview yesterday, everything went fine, the office told me that they need 120 days to review the file and will inform the decision after that. For me it looks like he basically collected all the documentation from me and will forward them to the Supervisor.



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  • frostrated
    08-30 09:55 AM
    After a long journey on several non immigrant visa's my GC finally got approved. The questions that I would like to throw out for the group to think on is regarding the period for which one has to keep all the H1/H4 approval notices and supporting documents?

    In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)

    I would hate to have to carry this for the rest of my life.

    Lawyers - Your legal opinion would provide relief to my aching shoulders :)

    you will need to keep them until you are naturalized. scan them and keep digital copies in a handy location, while you store these originals somewhere in the basement.




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  • jamieqak
    November 28th, 2004, 08:56 AM
    I've taken photos here as well and none of mine came out this well. The light is beautiful!



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  • moonrah
    07-28 06:21 PM
    Hello All,

    Can someone please help if they can? This is an urgent matter .

    Thanks in advance.




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  • frostBite
    06-28 02:53 PM
    haha good story.

    and sweet picture



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  • akizdetz
    08-10 07:33 PM
    USCIS is just fooling with you. :D you are an eastern European, right?

    Hahaha, you're so funny! I guess you're the smart one from this forum, who thinks everybody loves your jokes! Grow up and get a job!




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  • svam77
    07-24 03:13 PM
    My H1B LC says that I got hired as software engr. But later, they promoted me to Sr Software Eng ...


    Now my labor cert says Software Engr.

    I think its not a problem but just want to make sure. My lawyer didnt even care.



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  • dipmay2002
    10-28 05:59 PM
    I recently change employer on EAD in NJ and new employer is saying that I can't claim withholding allowance for dependents on EAD; I had no issue with my previous employer and was claiming 6 withholding allowances; I told them that my previous payroll processor was ADP and none of my friends on EAD had any issues claiming dependents; They are saying that this is new 2010 rule change and you need to have GC for it. I told them that all dependents have SSN and passes 182 days resident alien test rule..they are not agreed..Is it true? Please let me/send any links/information to prove it...




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  • cheshirecat
    03-22 01:02 PM
    ^^^^^^Bump^^^^



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  • deecha
    06-28 03:16 PM
    Hi:

    I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?

    If yes, then how does it work? I mean is it possible at all?

    It is going to be difficult. She has to come in on some kind of dual-intent visa. She could come in on a student visa but would be difficult to prove that she does not intend to immigrate in the interview if they find out about your I-485. Alternatively, you would have to get a H1 and she would have to come in on a H4.

    This is not legal advice, please consult a lawyer for your specific case.




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  • Blog Feeds
    10-26 11:40 AM
    For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.

    Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.

    In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
    problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.

    To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:

    (1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
    Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
    LCA; and

    (2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
    rejected.

    Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.








    More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)



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  • anyluck?
    06-18 12:58 AM
    Hi

    My wife is on H4 visa.She got an offer from Non profit organization and they are ready to do H1B.As it is Non profit Organization is that correct she can start working as soon as H1B is approved.

    Is it possible to Transfer H1b in future to regular company if H1B quota exists.

    Are there any restrictions involved.

    Can any one please shed some light for me.

    Thanks




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  • gc_dream07
    01-30 09:59 AM
    I have similar situation.

    I changed my employer last year and used AC21 / EAD. Now I want to return back to old employer who sponsored my Greencard. Is there a way to withdraw AC21?

    Thanks.



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  • rdehar
    07-27 09:20 AM
    You can change from L-1 to H-1 as long as your H-1 is approved and valid.

    No you do not need to get it stamped while in US. Only if you go out of US and come back, you will need stamped H-1.




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  • aroranuj
    04-09 04:16 PM
    Can anyone whose I-140 has been denied the 1st time shed some light on their experience too?

    Thanks.




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  • RamBharose
    03-13 01:48 PM
    I think he is suggesting whether he can keep applying for h1b till he gets a approval starting with extension




    sangmami
    09-20 11:32 AM
    In my case my fp is done.




    pd052009
    10-26 11:18 AM
    I have recently renewed my passport in Washington, DC. As I stay far away from DC, I get it renewed by post. It took exactly 40 working days to get the new passport. I remember, you have to select a date while filing the application form. So, dont wait... apply asap.
    Hi all, My passport is going to expire next month (November 28th). I can drive easily upto DC consulate .. wanted to know if there is anything specific I need to do. The website (Embassy of India - Washington DC (official website) United States of America - Application for a New Passport or Reissue of Passport (10) years (http://www.indianembassy.org/index.php?option=com_content&id=167)) does not mention anything about "walk in to consulate" information.
    Specifically,
    1. Do I need to call and book appointment ? If yes, is there a minimum waiting time to get an appointment, like how many days before ...
    2. Will I get the renewed passport the same day ?

    Any other points/instructions that you think are important please let me know.

    Thanks in advance for your help. :)



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