gc_chahiye
08-10 04:52 PM
Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
EB3/India Dec 2005 PD was not current in June, how did you manage to apply your 485? Something in your story is not adding up...
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
EB3/India Dec 2005 PD was not current in June, how did you manage to apply your 485? Something in your story is not adding up...
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desi485
08-12 12:54 PM
in my case, the local municipal corp in india denied providing non-avaibility certificate. Because my birth is registered and I do have birth cerficate, but instead of wrong date as in your case, in my case the first name is wrong. I had my birth-name on the birth certificate which is not un-common in india. Before I started pre-school, all my cerficates from that point onwards have my current legal name.
I did not specified YES in the column where it asks if you were known by anyother name in 485.
The only glitch is a first-name in birth cert is diff. from my current legal name. the name of parents, date, timing, family name, birth place and everything else is true and correctly mentioned.
how much chances do you see for me to get an RFE on this?
My lawyer told me to submit Affdevits from my parents which I did, along with original birth certificate with wrong first name. My parents also mentioned that I was given a pet-name at the time of birth, and then decided for my current legal name. I know this is complicated...
I found 'usa consulate' in UK website talking about such case. It suggests to have affidevits, and EARLY school records, affidevit from priests etc. who performed any religious naming ceremonies etc as the acceptable documents.
I am keeping my fingers crossed.
I did not specified YES in the column where it asks if you were known by anyother name in 485.
The only glitch is a first-name in birth cert is diff. from my current legal name. the name of parents, date, timing, family name, birth place and everything else is true and correctly mentioned.
how much chances do you see for me to get an RFE on this?
My lawyer told me to submit Affdevits from my parents which I did, along with original birth certificate with wrong first name. My parents also mentioned that I was given a pet-name at the time of birth, and then decided for my current legal name. I know this is complicated...
I found 'usa consulate' in UK website talking about such case. It suggests to have affidevits, and EARLY school records, affidevit from priests etc. who performed any religious naming ceremonies etc as the acceptable documents.
I am keeping my fingers crossed.
mdcowboy
02-25 06:28 PM
I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.
This is a forum to help people who are in distress..not to make a mockery of their situation. When you post such insult, consider yourself in their shoes!
This is a forum to help people who are in distress..not to make a mockery of their situation. When you post such insult, consider yourself in their shoes!
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kanakabyraju
08-20 02:50 PM
Thanks LT. I have to be in india for a wedding in the second week of sept. I thought being valid is good enough. Where did you find the six month passport validity needed for travel. I can get it renewed while I'm in India but I'm not sure how long it will get it to be renewed in India. I'm planning to be in India for three weeks. Thanks again.
Use tatkal service at India embassy and you may get it on the same day.
Use tatkal service at India embassy and you may get it on the same day.
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ragz4u
05-31 09:50 AM
My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
I'm sure a good lawyer can work on this. Extension is 100% legal and I don't think any USCIS officer can hold one back for that reason!
But in any case, this sux big time. The person whose parents were sent back should stand up and take this issue up rather than meekly give in.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
I'm sure a good lawyer can work on this. Extension is 100% legal and I don't think any USCIS officer can hold one back for that reason!
But in any case, this sux big time. The person whose parents were sent back should stand up and take this issue up rather than meekly give in.
krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
more...
sledge_hammer
02-22 12:46 PM
By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.
I think you should consult an attorney.
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
I think you should consult an attorney.
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
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chanduv23
12-31 02:08 PM
sept 11 notice date, EAD approved for spouse and me. case transferred to TSC, no FP yet
Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.
Some say it is not an issue, some say it can be an issue
Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.
Some say it is not an issue, some say it can be an issue
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matreen
01-01 09:48 PM
Filed on July 12, 2007 but got a wrong receipt date on receipt notice which is Aug 17, 2007. My attorney followed and CIS needs proof and we sent FedEx acknowledgement, still waiting no response.
Got AP approved, EAD approved and received cards but no finger prints yet. Called CIS number of times "the only asnwer is wait" but when I called last (Dec 18, 2007) time support rep opened a SR said this SR will start after Jan 18, 2008......
No idea what's going on....here...
Thanks,
M
Got AP approved, EAD approved and received cards but no finger prints yet. Called CIS number of times "the only asnwer is wait" but when I called last (Dec 18, 2007) time support rep opened a SR said this SR will start after Jan 18, 2008......
No idea what's going on....here...
Thanks,
M
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Iamthejuggler
01-13 06:59 AM
Not sure if i have time to do an entry, but i'll try. One question though. Is external actionscript classes ok, or does it all have to be done on the timeline? Obviously i am referring to external actionscript classes that we wrote ourselves, not libraries/engines or other peoples' work.
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joydiptac
05-14 03:56 PM
My heart goes out to the parents of this victim of immigration impasse. A minor accompanying parents illegally or otherwise cannot be termed illegal.
How many more innocents will become victims for the crime they have not committed?
Republicans wake up to this gruesome reality. Even legal immigration applicants like us are still without a green card after being in this country for 10 years.
Even if you forget us, and the illegal adults the issue with the "illegal" minors must be addressed.
Their future cannot wait for your petty political gains.
How many more innocents will become victims for the crime they have not committed?
Republicans wake up to this gruesome reality. Even legal immigration applicants like us are still without a green card after being in this country for 10 years.
Even if you forget us, and the illegal adults the issue with the "illegal" minors must be addressed.
Their future cannot wait for your petty political gains.
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coolpal
04-20 03:07 PM
I got my approval notice today, and as expected, it is approved as consular process with the Chennai consulate as the class consulate.
I hope I won't have any problems using EAD. Taking the dive now.
pal :)
I hope I won't have any problems using EAD. Taking the dive now.
pal :)
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house wallpaper in photoshop
a_to_z_gc
10-24 04:10 PM
If the I-140 is approved, you mentioned that the EB category can be changed if the process is initiated from scratch. Does the new application has to be in same area of occupation as the one for which the previous 140 was approved?
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
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TexDBoy
06-16 05:57 PM
If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.
I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.
Once your I-140 is approved, then you lock the PD from that moment itself.
I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.
Once your I-140 is approved, then you lock the PD from that moment itself.
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abhatti
10-09 10:33 PM
Just to share my experience in Minnesota regarding the subject. My liscense was due for status check. I took my I-485 reciept notice to DMV, they made a copy and faxed it to St-Paul DMV. St-paul office did not said or replied any thing untill I got my new driver's liscense with the same status check date and then I recieved a letter saying I have two more days before I could submit the status evidence before I will loose my driving previliges.
Well I went back to the local DMV office, they gave a number for an employee at St-pual office, to whome I spoke and tried to convince her that this reciept notcie is a legal document and makes my presence legal in th US untill the decision about this case is finalized. she did not buy that untill she mentioned that I need to submit EAD card copy. Which then I did and she extended my driver's liscense to the date till my EAD was valid.
They will print the status check date only to the date untill EAD is valid or H1-B is valid. Oh by the way as an evidence they only except either I-797 for H1-B approval or EAD.
This is a little extra work for us to do to be able to drive while waiting for Green Card, on top of the work we have already done during the whole application process starting from H1-B all the way through I-485 application and even after that to apply for AP, EAD and H1-Bs at ongoing bases.
Well I went back to the local DMV office, they gave a number for an employee at St-pual office, to whome I spoke and tried to convince her that this reciept notcie is a legal document and makes my presence legal in th US untill the decision about this case is finalized. she did not buy that untill she mentioned that I need to submit EAD card copy. Which then I did and she extended my driver's liscense to the date till my EAD was valid.
They will print the status check date only to the date untill EAD is valid or H1-B is valid. Oh by the way as an evidence they only except either I-797 for H1-B approval or EAD.
This is a little extra work for us to do to be able to drive while waiting for Green Card, on top of the work we have already done during the whole application process starting from H1-B all the way through I-485 application and even after that to apply for AP, EAD and H1-Bs at ongoing bases.
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VenuK
07-10 06:03 PM
hi gapala,
Thanks for your response...
The result of the appeal is still pending....
one thing for sure that i have decided is that , I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.
Please let me know your thoughts.
With Thanks
Venu
Thanks for your response...
The result of the appeal is still pending....
one thing for sure that i have decided is that , I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.
Please let me know your thoughts.
With Thanks
Venu
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chanduv23
12-08 10:39 PM
Just 2 steps
(1) Contribute
(2) Post on this thread http://immigrationvoice.org/forum/sh...ad.php?t=15905
You will be glad you did it
(1) Contribute
(2) Post on this thread http://immigrationvoice.org/forum/sh...ad.php?t=15905
You will be glad you did it
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adreg
06-05 10:22 AM
If it makes you feel better -- its 11 years for us :). And no Labor Cert since I am black-logged at PBEC. So we need the annual H1B extension ritual :(
Yep, if CIR falls apart its pack-your-bags-and-go-home for us.
Yep, if CIR falls apart its pack-your-bags-and-go-home for us.
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coolest_me
05-08 12:34 AM
I met with the Civil Surgeon who completed my I-693, today. It seems like USCIS did some mistake. He checked the sealed envelope and didn't understand why USCIS generated a RFE for this. We completed all our required vaccination back in June-July 07 when we did our medicals .
We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.
Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?
With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.
Please suggest how we can handle the Medical RFE ?
We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.
Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?
With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.
Please suggest how we can handle the Medical RFE ?
jliechty
July 25th, 2005, 08:29 PM
This is my first attempt...
Flat conversion with ACR (exp: +0.30, shadows: 0, brightness: 50, congrast: 25, sat. 0) into the sRGB color space (no need to work in a wider space as nothing was clipping with sRGB)
Light curve to increase contrast slightly
USM (amount 17%, radius 50 pixels, threshold 0) for local contrast
Image resize down for web with Bicubic Sharper
Smart Sharpen (amount 59%, radius 0.3, remove lens blur, more accurate)
convert from RGB/16 to RGB/8 and save as JPEG quality 9
That was done in a few minutes... No guarantee that I could do better if I spent more time on it, and caveat viewer that my monitor isn't calibrated at the moment because I'm waiting on XP x64 drivers from Gretag Macbeth, so if I were to guess, I would speculate that on a properly calibrated monitor the shadows wouldn't be quite as deep as I see them here, but that's a WAG.
I may try again tomorrow (er, later today - it's past my bedtime) with a bit more on the "creative" side - dodging, burning, and other selective adjustments.
Flat conversion with ACR (exp: +0.30, shadows: 0, brightness: 50, congrast: 25, sat. 0) into the sRGB color space (no need to work in a wider space as nothing was clipping with sRGB)
Light curve to increase contrast slightly
USM (amount 17%, radius 50 pixels, threshold 0) for local contrast
Image resize down for web with Bicubic Sharper
Smart Sharpen (amount 59%, radius 0.3, remove lens blur, more accurate)
convert from RGB/16 to RGB/8 and save as JPEG quality 9
That was done in a few minutes... No guarantee that I could do better if I spent more time on it, and caveat viewer that my monitor isn't calibrated at the moment because I'm waiting on XP x64 drivers from Gretag Macbeth, so if I were to guess, I would speculate that on a properly calibrated monitor the shadows wouldn't be quite as deep as I see them here, but that's a WAG.
I may try again tomorrow (er, later today - it's past my bedtime) with a bit more on the "creative" side - dodging, burning, and other selective adjustments.
GCBy3000
02-07 09:54 AM
You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.
If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.
Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.
Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
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