Tuesday, June 14, 2011

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  • jvordar
    07-12 11:34 PM
    hello everybody... have been following this forums since couple days and finally joined it today... hope to post more in near future!!




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  • cool_guy_onnet1
    06-04 01:31 PM
    Hey,
    Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.

    Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:
    I am applying for premium today- Keeping my fingers crossed as I have to make a trip in last week of June.




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  • vkt3142
    02-25 02:37 PM
    Guys, please let me know if anyone heard something similar else where.

    Thank you




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  • LostInGCProcess
    10-24 01:18 PM
    Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.

    My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.

    It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
    I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.



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  • addsf345
    10-22 01:10 PM
    I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.

    @KabAyegaMeraGc - question for you: if you were qualified for EB-2, why did you in first place filed for EB-3? Looking at your profile, you may would have been just about to get your GC if you would have been in EB-2 bucket. Just curious. Also, what is your lawyer's take on this whole porting thing?




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  • sac-r-ten
    04-14 08:31 PM
    Hats off to your patience. you deserve a hug from Obama. just kidding.
    :D

    Dear IV Friends,

    After reading the title you people must be thinking that i got my GC or 485 approved but the fact is I Finally got my PERM filed this month. The purpose of this thread is to inform anyone who is waiting for PERM withdrawal that it took THREE months to withdrawal my OLD perm application. I hope no one is in this situation.

    Whenever i use to post something on IV, folks use to have a generic answer "update your profile" but i couldn't as i was waiting to file my PERM. This for those people who always wanted me to update my profile. Checkout my Priority date is April 09 :D in my profile

    I am in my 5th year of H1b hope this time i get my PERM approved. In my earlier Green card process i have already been through this queue two times and now i have to start allover again.


    Thanks.



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  • needhelp!
    10-10 05:41 PM
    time to move on...




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  • dkupadhyay
    11-23 12:59 PM
    Hi,
    I am from India. My previous attorney paper filed my I-140 in Nov. 2006. My new attorney filed I-485 in July 2007. My new attorney has received only the copy of I-140 application and receipt from the previous attorney.
    In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney.

    The new I-140 (SRC one) got approved in March 2009.

    Got RFE in August 2009 for my I-485 application asking for the approval notice of my original I-140. My new attorney responded with all the history and the new I-140 approval notice.
    Now I have received NOID for my I-485 threatening that if I don't submit the original receipt for the original I-140 then USCIS will deny my application. The USCIS is saying that auto-created I-140 has been filed more than 6 months later than filing I-485 case and can't be the base for filing I-485.
    The previous attorney has not provided the original receipt of the original I-140 application and is not reachable via any means (doesn't respond to e-mail or phone calls. Office remains locked whenever I tried to visit him). So getting the original receipt from him is almost impossible. USCIS is not happy with the copy of the receipt.
    Right now I don't have any proof (other than copy of the receipt of the original I-140 filing) to support that my I-140 was filed before I-485 filing.
    What should I do in this case? Any suggestion will be appreciated.



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  • guesswho
    10-09 10:59 PM
    I am planning for my visa in Jan at Mumbai consulate. I do not have any relatives in either mumbai/pune who can submit my documents 3 days before the appointment.

    Has anyone faced this issue? I have sent them an email asking if I can mail the documents to them. Lets see what they reply. Does anyone has experience what to do in situation like this?

    Thanks




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  • iman.karta
    04-23 11:32 AM
    Quick question you said they asked you to submit your legal status papers since 1999 which was when you went out of country? I have 2 questions

    1) Since when have you been in US, rather first time when did you come to US

    2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation


    your responses will be appreciated.

    Rockstart,

    I apologize for the tardy response.
    I first entered the US in 1997 using F-1 visa. I traveled back to Indonesia (my home country) 1999 for the holiday. After that, I never travelled out of the US. Since then, I have worked and obtained H1-B and am in the last stage of I-485. PD is ROW (of course) and biometrics code 3 was done a while ago. Hence, I believe USCIS requested RFE since 1999; the last time I travelled out of the country.
    I always maintain a legal status.

    I hope this helps. If you have rather a more personal msg, please feel free to email me. I am more than glad to give you more info and help you.



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  • Green06
    10-15 11:35 AM
    DMV laws vary from State to State. When I lived in CA they gave me 5+ yrs of DL but In my home state of Minnesota DMV puts status chek date on the DL which is the date of the I94 expiration. They send a letter at home to show the proof of extension otherwise the DL will be cancelled. I am planning to get it extended by using EAD (i haven't received EAD yet and my H1b extension is being applied). I read on Murthy's site that using EAD for DMV pupose doesn't affect the H1b status.




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  • frostrated
    10-23 01:38 PM
    I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.

    Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.

    If I file the AR-11 now. couple of questions.

    1. For the A# in the form, Should I leave it blank?

    2. For the section "I work for or attend school at : (Employer name or name of School)"
    I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.

    Please help...Thank you in advance.
    as long as the USCIS has your latest address on file, you are fine. No action needed. But if you current address is different from the one on your 485, then you will need to send in an AR11. The card will be sent to the address on the application, and the postoffice will not forward the card if it goes to an old address, but send it back to USCIS.



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  • sammyb
    09-24 12:45 PM
    In June'09 USCIS issued RFE for both of our I-485 for medical and it was sent to my old address even tough I updated address online for both the application ... fortunately a copy was sent to the lawyer and we were able to respond in time ...

    This whole system is a crap - their IT i mean .... no proper house keeping ... and do not depend on the online status ... even though one of the AOS appl has been denied ny USCIS the online status still shows pending - what a joke .... also the MTR for the same denial shows pending :) :) :) ...

    I got it for missing Medicals for both me and my wife.

    I would trust anytime my lawyer than USCIS.

    here is what they did.

    Wrong address even though filed for AR11 online and received Soft LUD online. This is one year old address and they didn't even put APT# in my old address. God's Grace I received it by mail fowarding without APT#

    Didn't update my online status. Still showing Pending and no LUD or soft LUD

    I know my lawyer put in G28 and medicals both when he was mailing it as I was the one who finally inspected and mailed the package.

    Some other folks also got for Medicals. Looks to me a routine to get rid off pending cases or preadjudicate.

    Weird but true in my case




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  • alifarhan123
    01-12 04:48 AM
    Hello,

    I have the same exact question before I actually go for the stamping. I hope somebody has some kind of info on this one.



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  • imh1b
    05-19 09:37 AM
    Good to find Immigration Voice name in this article.




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  • nepaliboy
    05-21 06:16 PM
    When LUD?
    What is soft LUD? what is Hard LUD?



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  • h12gc
    04-29 05:50 AM
    Thanks Krupa for your reply.

    Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD

    1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.

    2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k

    As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,

    Business Analyst:Finance,Health care,ERP,Insurance

    QA Analyst: Functional QA (ERP or any other applications)
    SAP QA,People soft QA,Oracle apps QA etc


    All the above jobs are paid average $110k(Minimum 90k)

    My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this

    3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?

    Thanks for reading my post.Any inputs will be appreciated

    Thanks
    h12gc




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  • 485_spouse
    05-25 02:53 PM
    Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.

    did it last month.
    It will take atleast 6 weeks.
    485_Spouse




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  • Arvin_H1
    08-18 10:11 PM
    I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

    I have few questions for the experts here.

    1. Is it possible for me now to apply for new H1 thru some other company?
    2. Can i re-appeal the decision and stay here legally?
    3. Are there any good attorneys that can give me good advice for me to take the next step?

    Please let me know.. This is urgent for me right now.

    Thank you all.




    amsgc
    11-16 03:22 PM
    I know someone who went to Canada for the weekend and got the I-94 with the correct date on it.
    Note that the airline (AA), on his way out of the US, was not willing to take his I-94 since he was going for less than 30 days. So he had to explain to them about his situation and they took it.

    Also note that if you have an Indian passport, you will need a visa to go to Canada.

    The other option to extend your I-94 is for your employer to refile I-129, and request for extension of stay. This can be done using premium processing.

    Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.

    Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.

    Or is there any other way to extend my I-94 without crossing the border?.

    Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.




    ameryki
    09-30 09:23 PM
    is there anyway USCIS would find out that this person changed jobs within 180 days of 485 filing when he or she applies for H1 transfer? and then that could result in 485 denial?



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