Friday, June 10, 2011

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  • martinvisalaw
    07-22 06:01 PM
    Hello,
    My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:

    1- Original 485 Receipt Notice
    2- Original AP filing Receipt Notice
    3- Copy of AP approved screen from uscic. gov
    4- Original previous AP
    5- AP was issued by MSC

    Any advice?

    Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.




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  • Redeye
    04-10 10:58 AM
    But look at this from Prashanthi Reddy.

    http://www.reddyesq.com/GC.html#37

    I am presently on H1-B and filed I-140 and I-485 under Exceptional Ability & National Interest Waiver category, I got EAD (I-765) approval also;, can I do any part time job by using EAD as well as maintaining my H1-B status?
    Yes you can, as long as you continue to work for the employer that has sponsored you for the Green Card.


    I want to solid answer if possible no gray area type answers. I am done with gray areas. After 6 years of wait last thing I want is gray area :) that is reason why I posted.




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  • rdehar
    09-16 11:21 AM
    My AP was los in mail too (see signature). In my case I had gone to India to get 8th year H1 stamping, when the UPS guy left it at my door and I never got it. Yep, UPS, not USPS, this package was sent by my lawyer who knew I was in not at home :)

    I called USCIS when I got back and they said I should re-apply if I need to go outside of US and re-enter on AP in next year, else don't worry.




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  • pixi
    10-28 07:09 PM
    :smirk: Well done mate, u just passed photoshop 101, now onto actually learning some proper photoshop skillz ( sorry, its just well, ahem , so 1983). #My first year students do this in the first day at college.

    BastardPixi :smirk:



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  • dilvahabilyeha
    06-18 02:24 PM
    Hi friends,
    Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.

    ------------------Here is the lawyer email---------------------

    As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
    1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
    http://www.uscis.gov/files/form/i-485.pdf
    Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.

    2. Form G-325, Biographic Information. You can find this Form on the Internet here:
    http://www.uscis.gov/files/form/g-325a.pdf
    Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.

    3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
    http://travel.state.gov/passport/guide/composition/composition_874.html

    4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.

    5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.

    6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

    The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
    Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
    http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf

    Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.

    7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.

    8. Employment Verification Letter. I will forward a format for this letter to your employer.

    ---------------------------------------------------------------




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  • abd
    08-24 11:28 AM
    Name: ABD
    City/State: NJ
    Question: My Company applied RIR EB3 labor for me in June 2004. It is stuck in backlog at PBEC. Meanwhile my company also filed new EB2 PERM (Without using old priority date) in March2006. This got approved and I-140 has been filed for it. Is it possible for me to use the priority date of June 2004 for EB2 case? Assuming the backlog labor gets approved.

    Thanks in advance.



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  • pak
    07-19 08:25 AM
    I am on H1B and finishing 6 yrs in Jan 2008 and my employer never applied LC. My wife is on H4 and her LC is approved.
    We are applying 140, 485, 765 for my wife. I and my daughter applying 485 and 765. So our status will be on EAD.
    I have another daughter aged below 14 so can not apply 765.
    My questions are:
    1. After the expliry of my H1B, wife's H4, Kids' H4, what will be our status?
    2. What will be status for my daughter aged below 14 yrs.

    I am filing my own due to lack of fund, pl. help gurus!!!




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  • cnachu2
    02-04 01:15 PM
    Yes i did. It was the same way for my dad when i was on H-1B.
    I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.

    He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.

    I hope this helps.

    GO IV GO. TOGETHER WE CAN.

    Hi,

    I am also planning to send papers for my father. now i am on AOS with I485, i changed the employer, but didn't file AC21. will it be an issue if i send papers to my father without filing AC21? You says you used AC21, that means did you file AC21?

    Thanks,
    Chandra.



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  • NikNikon
    November 30th, 2008, 09:21 PM
    Us Nikonians will enjoy having you on our team Owen. ;)




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  • kukitron
    08-07 09:01 AM
    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron



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  • RNGC
    02-05 04:41 PM
    My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.

    Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).

    Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??

    Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.

    Thanks.




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  • starving_dog
    09-01 09:39 AM
    That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.

    I wanted to start this thread in members only, but it wouldn't let me.

    Thanks.



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  • kshitijnt
    04-17 03:17 PM
    i talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage. he also said that once i withdraw my 485 based on employment my EAD will be revoked too and till i dont get my EAD through marriage i can work. All this didnt make any sense to me. I think he doesnt know what is he talking.

    I believe more in IV gurus....

    Oh fiancee and finance so damn confusing...I wish i could get some finance...lol

    Hi there-

    I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com




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  • rajeevkaza
    04-02 04:20 PM
    Hi Chapsi29,

    Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.

    RK



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  • naushit
    07-23 05:45 PM
    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations




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  • laksmi
    01-08 12:43 PM
    start with SSN



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  • deba
    04-13 05:40 PM
    Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?




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  • h1techSlave
    10-28 02:14 PM
    what visa are these legal immigrants coming on?


    The author is talking about Family visa categories here.




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  • whitecollarslave
    02-08 02:52 PM
    I'm not sure it will be taken up by AILA -- I was so surprised by the resistance I encountered when I asked a well known attorney with a blog (v. popular with IV members) to submit this question to the AILA committee which reviews topics for liason meetings, and it took several rounds of email and some very severe rhetoric from me to even get him to send it to the committee! I feel it is terrible that our self-professed advocates hesitate even to ASK a question, let alone propose specific reforms...

    The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.

    Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.

    Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?

    Thanks!




    sk2006
    03-01 05:21 PM
    Friends,

    I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

    Thanks.

    Sometime back when I inquired the same, I was told that canada is lenient about this rule and there were instances when people were allowed to come even after staying more than 3 years outside canada but then recently somebody told me that they are becoming more strict now.




    waitin_toolong
    08-14 06:15 AM
    My advice place the new approval as a bookmark on the current visa page when presenting the passport at the counter. This almost forces them to consider the new approval, also provide a copy of your I-797. Check the date before leaving the counter and politely ask for it to be corrected if wrong.



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