Wednesday 8 June 2011

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  • truthinspector
    12-18 09:22 AM
    I entered in Atlanta GA, with 45 days of validity remaining on my AP. No questions asked.

    My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.

    My question is that is 2 months of AP validity / cushion enough or safe to enter the US.





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  • kishdam
    03-09 08:25 PM
    G-28 is for attorney representation - if a registered attorney is representing an applicant we give the authoraization so that USCIS deal directly with attorney. I am not sure if there is anything like "G-28 Self". In case where we already filed G-28 and gave authorization to one attorney - changing it to another attorney seems a bit straight forward - send a new G-28 and request to supersede it with earlier one. But just cancelling the earlier one so we represent ourselve seems a bit grey. But its just my understanding if anyone has done self representation and successfull changed G-28 - please let all of us know.

    (Note: I am thinking of going with lawyer just for this G-28; my old employer may not revoke approved I140 so I was thinking of not sending AC21 letter; but want to change the lawyer representation so that any communication will get to me; no lawyer is offering just this everyone I talked to are clubbing G-28 with AC21 and charging accordingly)





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  • averagedesi
    09-22 09:33 AM
    I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

    Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

    What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.





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  • blacktongue
    10-05 11:07 AM
    How did they pull it off?

    If you file a lawsuit you can ask for documents.



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  • suny_saini
    07-22 11:35 AM
    yes we already have an attorney in US

    i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?

    what is the solution then?

    does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?

    does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?





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  • iv4yarli
    12-18 12:31 PM
    Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.

    Thanks for your help...



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  • mpsamant
    07-24 06:32 PM
    Dear IV:
    As per the USCIS FAQ memo there is some confusion on Q.12:

    Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
    A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.

    Case:
    Category EB-2 (NIW) or EB-1 (OR) from California

    1) Will apply for I-140 electronically before July 31, 2007?
    DO we have option to choose Texas or Nebraska in e-filling

    2) DO we need to send I-485, EAD, Travel documents before August 17 or is it before July 31?

    3) Is this statement correct ? Supporting documents can be mailed within 30 or 35 days after e-filling. It can be sent as a different packet (i.e. need not be sent along with I-485, EAD, and travel document)

    Thanks for the help,
    regards
    Manoj





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  • RNGC
    02-05 08:38 PM
    Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.

    If you plan to change employer and what if he revokes your I 140. so better to renew.

    And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.

    Good luck

    Thanks for the replies....but its been more that 180 days since I applied I-485, and my I-140 is approved, so revoking I-140 is out of the question. I would prefer to use AP instead of using H1, the trouble of going to the consulate when you travel......So, one more Q, Can we show our AP, even after we work on the H1 extension at the POE ?

    Thanks.



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  • pmgthj
    03-13 09:53 PM
    Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.

    Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.

    Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...





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  • geevikram
    09-13 10:33 AM
    You probably know the answer already, but still...

    NADA



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  • jumanji4u
    05-01 12:01 AM
    I am on the same boat

    Here's my scenario

    I Was on H1B that Sponspored my GC with Comapny A, got my I140 Approved, passed more than 180 days after 485 and even got my EAD. Currently moved to a different company B that transfered H1B.I have my EAD that is not been used till now. Can I use my EAD to work on a part-time job. If I use are there any issues with H1B with my current employer or any issues while travellling. As I no longer work with the company that sponspored GC would working on a part-time EAD with another company create any problem with the GC process.

    Thanks,;)
    Jumanji





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  • yestogc
    03-04 10:21 PM
    I am apologetic if my message sent any wrong signals anywhere.
    But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.



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  • desiron
    08-08 08:29 PM
    Hi,

    I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated �7/30/07 Y� should be used.

    Thanks
    Ron





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  • vamsi_poondla
    12-20 08:03 AM
    Receipt Number: SRC0XXXXXXXX

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice Returned as Undeliverable.

    On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..

    I have not yet got the FP appointment. Could this be the letter for that or something else serious?
    After filing, my address changed.
    I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.



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  • lacrossegc
    08-10 07:29 PM
    both you and your wife should be in US to file for AOS





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  • ramaonline
    02-08 02:48 PM
    http://www.ilw.com/immigdaily/news/2008,0208-namecheck.pdf



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  • Macaca
    02-27 12:01 PM
    Please post such articles in the News Articles thread along with email of authors. Thanks.

    U.S. Immigration Reform Bill Could Pass by July (http://www2.csoonline.com/blog_view.html?CID=29025)





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  • gc_on_demand
    04-22 11:12 AM
    Hello Folks

    I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.

    Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?





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  • pd_recapturing
    08-08 04:36 PM
    So whats the verdict ? Can we work on EAD receipt notice if the EAD could not get renewed in time ?





    vmetla
    09-01 02:09 PM
    was it EB2 or EB3

    Mine was under EB3.





    PD_Dec2002
    07-05 04:32 PM
    From Mathhew Oh (http://www.immigration-law.com/):

    07/02/2007: To File or Not To File, That Is the Question!

    The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
    ---------------

    Thanks,
    Jayant



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