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  • acecupid
    05-27 07:20 PM
    Got the RFE document.
    Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.

    Wow... really ? Thats a pretty stupid reason for USCIS to issue an RFE :confused:
    I guess they are trying to nit pick everything !!

    Atleast its an easy RFE to respond :cool:

    Good luck...





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  • skp71
    07-13 07:08 AM
    sorry 485, this is gc season. so I thought that's understood.

    what case are you talking about ... is it H1 or 485?

    -RR





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  • neeidd
    11-10 04:08 PM
    AP
    I485 Receipt Notice
    EAD(just in case)
    thats all you need
    Thanks for your reply, dj9533





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  • calredd
    10-01 01:52 PM
    You have to select NO if your VISA has expired more than an year back from your future/present appointment date. Your category will come under new Visa. I am in the same boat as yours and when I see availabity, there is none. Dont know what to do.



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  • rb_248
    05-25 07:20 AM
    Hi Guys

    I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??

    Thanks! :)

    Education is always a good investment. You may do it for GC or for any other purpose. But my advise would be to pick a good reputed school that you can handle and do something that would help your career.





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  • brij523
    11-07 12:26 PM
    brij523.. Taking time out for IV even though you have your GC

    My Pleasure!!



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  • tabletpc
    12-12 02:59 PM
    Vallabhu :

    You are wrong...!!!! No one cares your status while elaving the country . its only when you are entering they make sure everyone has proper docuemnts. Also while surrendering the I-94, it is similar to collecting movie tickets. They jsut take and keep it asside.

    As of the leaving with 485 receipt, its better to leave with an AP. Aslo contact Attorney on this.


    Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .





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  • eyeinfinitude
    10-09 07:30 AM
    Dessoya gets my vote, I like the morbid approach.



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  • Madan Ahluwalia
    02-23 02:55 PM
    Two things:

    1. You might benefit from 245(k) provisions. Check with your attorney.
    2. Do not provide tax returns. it is not required at the time of filing of green card application.

    Good luck.





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  • lskreddy
    08-07 05:19 PM
    There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.

    I'm assuming that you are from India and therefore don't need any visa to work in India.

    Thanks. Yes, I am an Indian citizen.

    Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US? In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?

    If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.

    My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.



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  • braindrain
    06-03 12:19 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.


    I believe your wife can travel. I was in a similar situation couple of years back where We had to travel while the transfer was pending and when contacted the attorney, they did not raise any issues.

    Luckily, we got our approvals before we actually left and was not a issue. Again, it was more than 2 Yrs back, so pls do consult attorney.





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  • saloni
    07-20 04:52 PM
    I thought as per the new memo it is advisable to extend your non-immigrant status even if you have filed your AOS and work on EAD.

    I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid.
    When their spouse extended their H1B's, they did also extend the H4 petition to get new I-94's.



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  • lostinbeta
    09-06 10:28 PM
    Eh, I actually have to say I liked it better the last time.





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  • karan2004m
    12-01 03:46 PM
    I have the exact same scenario :(
    i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.



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  • snathan
    02-22 01:00 PM
    Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.

    My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..

    Its a valid point. If its more or less the same description of the job...you will have hard time to convince the USCIS. Most likely the PERM will be approved and you will face issues during EB2 - I-140.





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  • pmlboy
    05-01 04:16 PM
    I got a similar RFE, except I have been asked to provide government documentation stating why mother's name is absent in birth certificate. Can anybody help on what type of government document can I obtain? Getting a new BC won't be possible, as my parents are currently in the US, and would return after the RFE response deadline. Can I get a court order regarding this effect? Any template would help.

    Thanks.

    EB-2 India
    AOS filed July 2007
    PD April 2007
    Currently on H1-B (renewed till 2011)



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  • mavrick
    06-02 05:38 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.





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  • shiankuraaf
    01-06 09:02 AM
    February visa bulletin will be out this week any day.

    What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?

    I gave you RED for a misleading title for this thread. Be nice and clear.





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  • gjoe
    01-30 06:19 PM
    Either the account of Jaime has been hacked or there is some problem with the forum showing the number of your post count incorrectly.

    Hey guys, can anyone help? I�ve been disconnected from the site for a while due to personal reasons. Does anyone know approximately the following?

    1- Approximate PERM processing times (from filing time) for EB2
    2- Approximate I-485 and I-140 processing times from filing date for EB2
    3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
    4- Are I-140 and I-485 still being filed concurrently?

    I know there are trackers, but I find them all confusing!

    Sorry for the many questions. This would help me a lot! Thanks in advice for any input guys!

    (or send me a private message if easier, thanks!)





    uimv
    03-15 01:55 PM
    Incorrect!
    Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).


    Thanks.
    So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
    (The pdf does not state what action USCIS will take)





    Hermione
    09-25 12:49 PM
    Has your namecheck cleared? Mine took 18 months to clear. I am current, too, but no movement on I-485. I am thinking if there is no news by 10/15, I am going to start calling around.



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