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  • munnu77
    07-19 03:07 PM
    sorry..i didnt log in for a few days..
    he applied from texas from an american company EB3





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  • teachamerica07
    01-30 08:11 AM
    Your priority date is 07 , Eb3 I . How can your daughter's 485 be approved by USCIS?





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  • sanbaj
    06-13 10:47 AM
    Hi All,

    We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

    Please help us with any suggestions.

    Thanking you all.
    I am very sorry for your situation. I hope it doesn't happen to anybody else.

    The right thing to do would be to first report the robbery to Police, which you must have done. Get a copy of that report and get with your attorney or another competent attorney to how to tell USCIS that you have lost your Green card due to Robbery. You can also call USCIS CS number to find out what steps you have to follow in a case like this.

    I am no lawyer, so get with a competent lawyer ASAP and get this fixed.

    Best of Luck.





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  • sircaustic
    07-15 10:46 PM
    Hi,
    I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:

    I-140 approved in 2007
    I-1485 in August 2007
    Received RFE in May 2009. The RFE had two parts to it that are as follows:
    Part 1: Request for Evidence for Birth
    Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations

    When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.

    Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.

    What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.

    Thank you in advance to those who respond.



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  • martinvisalaw
    09-22 07:34 PM
    my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time?

    Yes, if she wants to change from F-1. She might want to stay in F-1 status as long as she can, especially since she can get work authorization.

    i don't know how is this work, and how much is the f-1 to h-4 status change costs.


    That depends on the lawyer, Filing fees are $300


    if i get denied, she will be denied too
    Yes

    but if she gets denied, will i get denied?

    No, not necessarily

    in other word, is filing both visa same time affect the chance of getting approved?

    I've done thousands of H-1B and H-4 cases filed together. It's very common.

    u guys know the odds of getting approved on h1b from non profit organization these days?

    If the job meets the H-1B criteria, and you do also, you should be fine.





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  • abhijitp
    01-25 07:14 PM
    Thanks for your suggestions, I am sure IV-Core will note them.

    Did you send out letters to the WH + IV?
    The recapturing of numbers does not need legislation, it can be done by administrative intervention.

    PLEASE SEND YOUR LETTERS!
    Thanks!



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  • anilsal
    11-27 06:17 PM
    some legislation that will get GCs quickly for everyone. All July filers should be able to get their GCs in the next 6-15m.

    Now that is wishful thinking. ;)

    What people really like to see is movement of approvals and transparency in the processing/backlogs. This was happening until the "RETROGRESSION" hit.





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  • gccovet
    11-24 01:24 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    bnk96,
    Sorry to hear that, could you please PM pd_recapturing?
    Thank you.

    GCCovet



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  • eravi
    08-09 11:30 AM
    What can we do here?
    Anyone aho applied in NSC with a WAC receipt notice got 485 approval?
    What is the current state of California service center?





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  • somkapu
    07-17 06:46 PM
    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf

    Hope this helps.



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  • Outkastpb231
    11-02 03:49 PM
    That is just very Basic stuff from my training courses and seminars. I don't have any of my own work I have done recently because most of that was done at my friends house before I got my own place, and I have no way of acquiring that work, but I will make some more stuff tonight.





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  • akhilmahajan
    04-13 12:41 PM
    Diptam, at this moment the best thing will be to get your wife an independent status.

    She can get on to F-1 visa or file an H-1B visa. If your H-1B is being canceled for sure, then you need to move her on to an independent visa status.

    Please talk to an attorney and evaluate all the options. I will say you need to act as fast as possible.

    GO I/WE GO. TOGETHER WE CAN.



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  • mundada
    07-11 12:19 PM
    Called Sarah and mine is at 3 pm. She needs one more.





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  • JunRN
    09-25 12:48 PM
    Consult another lawyer, a reputable one.



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  • another_wei
    05-05 06:07 PM
    Yes, I called many many lawyers I think found one said he seen this forgot OPT before.
    He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
    10 years I been here still no nothing very sad.





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  • overmars
    06-09 12:43 PM
    My understanding of the Neufled memo does not invalidate the question asked by Saarissimo. The memo refers to a person being the sole owner of a company. If the LLC in question is owned by X,Y and they then offer Saarissimo 33% of the company to own, then Saarissimo's employment in the LLC should fall under employer-employee relationship unless it is specifically written in the operating agreement that the company will cease to operate if Saarissimo is terminated from employment.

    I know people on H1B sponsored by ABC LLC, and owning upto 2% of ABC. They have never had any problems, and are well on their way towards Green Card processing. Unfortunately, I do not know if the considerations change dramatically if ownership is 33% instead of 2%.



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  • GC_1000Watt
    01-05 04:40 PM
    Below mentioned points are from the NAFSA Adviser's Manual (2006 release)

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.



    Please let me now if these points are in place currently.
    And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
    I will appreciate your thoughts on this.





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  • mjdup
    11-17 03:00 PM
    Welcome to the club achi goro :)

    This whole forum started because of retrogression so to answer your question - you may not be able to file 485 because of unavailable visa numbers. Your attorney should know this, your PD is the day when you filed your labor.

    good luck,





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  • aperregatturv
    05-06 02:32 PM
    Congrats..

    Hey guys I got the mail today! I'm sooo happy!

    Thanks everybody that replied!





    gc_nebraska
    01-08 02:22 PM
    Thanks for the info Ram Nara , so on your passport you just have the B1 stamped ?Did they question you at port of entry? Any documents?





    nath.exists
    11-02 11:41 PM
    I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
    2.)Would she need to be physically here in USA for filing i 485.
    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
    6.)Does she also have to do MS to use cross chargeability and file in EB-2



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