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  • sidbee
    01-21 01:13 PM
    I agree, thought or wish is good. If it is a thought/wish it would start with "I wish" , "I believe" or �I think� etc. His sentence starts with a rumor. Starting a rumor with the intension of misleading people is not good. His/her intensions are very clear.

    what would that be ??? i mean what do you think his intentions are?? looks like he simply asked a question.





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  • gcgreen
    08-15 12:45 PM
    your description is pretty vague. please provide more details of the precise job description in the labor petition, and the occupational classification code in the application.


    Hello Gurus,


    This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.

    Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.

    Please help me.:confused::confused::confused:





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  • bbct
    05-02 10:56 AM
    The IO will not issue an I-94 with the expiry date same as the new approval notice end date. You will be given an I-94 with the expiry date same as the visa expiry date on the passport. If you are using AP to enter, you will be given an expiry date of 1-year from the date of entry.

    My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.

    Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.





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  • pushkarw
    12-21 01:53 PM
    You are a Ray of light my friend. We need more like you to make this place brighter!

    Thanks for asking Pushkar. I did.



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  • rajenk
    08-11 09:44 PM
    All,

    I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!

    Can some one please clarify this doubt?

    I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.

    Thanks
    Raj

    ------------------------------
    One time contribution $100





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  • rsdang
    07-08 04:41 PM
    Spouse will have to be in relation for 3 years even after getting GC. Or else upon request, GC of the spouse can be revoked by USCIS.

    I asked my company immigration specialist and she said since its an EB GC - the three year stipulation is not valid... Thats for family based GC...

    You may want to ask a lawyer...

    Hope This helps.



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  • bkn96
    02-18 11:06 AM
    Did you work during this period?


    Yes, I worked during that time using EAD as I dont have H1b. My Lawyer said I can work as EAD was not revoked. I work for myself (self employment) through my own company.

    Again I didn't get refund of MTR money... that is good news if we get our $585 fee back..





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  • cool_desi_gc
    09-28 07:18 PM
    My name(s) were mispeld as well...My lawyer talked to USCIS and sorted it out.



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  • h1vegas
    06-24 02:24 PM
    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance





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  • gc_on_demand
    03-31 01:20 PM
    For once, I like what Grassley is doing.

    All antis says something good about one program and bad for rest.. they want to kill all program one by one. Today in hearing anti's tone was to reduce total immigration.

    this is only way they can reduce is making one group happy while bashing at another, but you never know when is your turn.

    I should say if they are really worried about L1 and its fraud why not to scrap L1 and grant GC for all l1holders. why don't they say like that ?



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  • dupedinjuly
    07-18 05:00 PM
    You Status date needs to be before USCIS receipt date.
    USCIS Receipt Date = Date the USCIS mail room assigns on the working day, when package is received.
    Status date = I-94 Issue date.

    You can come on August 15 at 11 pm, but if your filight is late by an hour then, you I-94 issue date will be Aug 16. ? You are cutting it too close.
    I have not heard of them looking at time, they go by date. If you are in at 12:01 am then your date will be 8/16/07

    Not clear if the I-94 is issued on Aug 16 and receipt date is Aug 16, then what will happen ?

    It would be safe to mail the application on Aug 16 by Fedex with USCIS receipt date of Aug 17, it will take care, if your filight is delayed.

    I-485 Courier Mailing address for Nebraska Service Center

    USCIS Nebraska Service Center
    850 S Street
    ( Ref: P. O. Box 87485 )
    Lincoln, NE - 68508

    Find out the right Courier address for your service center if its not Nebraska.

    Could somebody explain to me, please, how is it working with the receipt date?

    I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......

    .....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?

    OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?

    Could someone please clarify this as depending on this I have to change the schedule of my plane flight.

    I would really appreciate this.
    Thank you in advance!





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  • sunny26
    01-09 04:24 PM
    My Nd is dec2006 NSC EB3 still waiting .


    Hello,

    Please share your RFEs!! What was the reason and how you handled it. That will be great input.

    -M



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  • krustycat
    03-11 09:12 AM
    Anyone Know How To Start New Thread?
    Use New Thread button
    http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
    But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.


    How does USCIS know about salary ?
    They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.

    485 non-concurrent check list:

    1. copy of all of the pages of the Passport (valid for 6 months or longer);
    2. Copy of recent I-94, Arrival/Departure Record, front and back side;
    3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
    4. Copy of I-20 (s), student visa, if applicable;
    5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
    6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
    7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    9. Medical Examination including immunizations in a sealed envelope;
    10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
    11. Marriage Certificate (original language and translated if language is different than english), if applicable;
    12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
    13. Photographs (4) from each applicant

    IRS also send the w2 information to USCIS? No.

    whats the criteria of judging the salary? Is it w-2 or pay stub ?
    Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
    The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.





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  • saibaba
    03-31 02:21 PM
    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?



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  • sammyb
    09-04 05:31 PM
    I already got a denial of my wife's application and had to pay $585 for the MTR :mad: ... that would be a nice source of revenue for the agency...

    They have to advance the dates down the line to get more fees in order to keep the dumdums employed at the USCIS.........
    That does not mean it translates into GCs.....its just more people get EADs and APs and continued revenue for USCIS.
    I also won't be surprized if the fees go up in the next round.

    Also until the CIR is passed there is no way they will eliminate the backlog as that will mean giving up their "cash cows"===a.k.a "us".......

    Here is what I beleive will happen until amnesty is enacted(whether we like it or not our fate is tied to the illegals):
    1. Dates will be moved forward and backward randomly to get more fees from new and old suckers like us(everytime the dates move fwd they raise our hopes and we hang on longer).....they don't want us to leave...they just want us to keep paying for their jobs...so as Obama says......"keep the HOPE train alive" even if its not moving an inch.
    2. Increase the fees.....
    3. Increase the rate of denials: more denials mean more MTRs mean more revenue......

    Its a business and you will do whatever to survive.........nothing personal........





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  • antihero
    11-26 12:53 PM
    Hi Guys,

    I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.

    I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.

    Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?

    Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?



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  • arunmohan
    04-06 12:44 PM
    Friends ,
    Count me in,I live in Tucson.





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  • willIWill
    04-08 02:46 PM
    Couple of related questions.

    1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?

    2. Where to file, the Service center or Lock Box facility ?





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  • naturopathicpt
    06-29 04:53 PM
    Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?

    I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:

    "If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."

    So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?

    I appreciate your generous response.

    NaturopathicPT





    PBECVictim
    03-12 07:09 PM
    Did you get second finger print notice before approval? When did you go for first fingerprint notice?

    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center





    mbartosik
    11-09 07:17 PM
    The only reason that I can see for not filing yourself, is if company is offering to pay. EAD & AP filing are simple and do not require to be done my employer.

    If you think that the lawyer sucks, and you have a good relationship with your bosses, see if they will let you expense the fees and do it yourself. They save the lawyer's fees too that way.



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