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  • mrcmic
    07-24 07:19 PM
    The lawyer also delivered other case using UPS and they already got receipts.
    If I have to resubmit, I will use USPS to the PO.Box My attorney uses Fedex and we get receipts on time.
    I would recommend to use Fedex instead of UPS.





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  • akhilmahajan
    06-06 08:55 AM
    Gurus,

    When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.

    Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.

    Or is it OK to send the photographs and mention the Alien A# .

    Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.

    Your help is much appreciated.

    If you dont mind, can you share what supporting documents you submitted.
    Thanks a lot.





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  • ArkBird
    07-12 01:21 PM
    Its NATIVE INDIAN AMERICANS not 'RED INDIANS'. The term you used is considered derogatory by many.


    Nope. That will be us... "Native Indian" Americans. They are "Native Americans"

    Oh.. Damn Parenthesis ....! :)





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  • BeCoolGuy
    04-16 09:46 AM
    EAD/AP is personal choice. Employer can only govern what he has under his control - which is LC and I-140. He cannot chose to not allow EAD or AP, and you are not obliged to inform him. Good employers sponsor everything and the rest dont. But legally (i am not a lawyer though), they cannot do anything with you if you apply for EAD and keep it as a backup. Yes, if you chose to use your EAD to do extra work in addition to your employer's it may come against company policy. But if you intend to just keep it as a backup, there is nothing wrong..

    Go to USCIS efile website and file it on your own (EAD and AP).

    Gudluck



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  • gg_ny
    09-20 05:24 PM
    Or try emailing or calling them from here. It helped me a bit.


    now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.

    cheers





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  • fromnaija
    07-22 09:24 AM
    You nearly aged out but since your priority date became current before your 21st birthday, you should be eligible to get an immigrant visa. CSPA protects you here. Also they should deduct about four months (period your father's I140 was outstanding) from your current age. This makes you eligible for a visa. See what happens at your next appointment but ask your Dad to talk to an immigration attorney in the US.



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  • gk_2000
    12-02 07:22 PM
    The bill also says...

    1. The illegal's application needs to be processed expeditiously.
    2. The USCIS can not increase the fee for that

    Means...the 2 million illegals will be put ahead of the legals who are rotting in line for years. To process these docs, USCIS needs more resource and needs to hire more people but they can not increase the fee. So USCIS will come after the legals and increase their fee. These democrats wants to rob legals and reward illegas.

    and you are hoping once this bill passed they will consider us...YOU MADE MY DAY.

    so WTFs

    Hopefully, the bill would have been vetted enough by the time it passes, and these areas cleaned up. This would be a good test for the US political system





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  • omved
    05-06 02:47 PM
    Does replying to RFE along with all required documents means GC is coming soon ??

    Augustus..did you get GC yet ?

    Thanks



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  • hindu_king
    11-11 12:37 PM
    My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?





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  • go_guy123
    04-17 05:36 PM
    they will not "do away" with comprehensive..... if it fails this year they will bring it up again next year and next..... there is no room for piecemeal...... if there were.... they would do it after cir failed in 2006, but they didn't..... they could do after cir failed in 2007, but again they didn't...... or they could do piecemeal in 2008, 9 or 10..... the fact they didn't .... it just tells us that we ought to learn something here..... there is nothing called piecemeal & there will never be anything called piecemeal in this leg of immigration reform, other than our own fantasy world.... so get over it...... there is only 1 way to do it.... cir

    lets start the undocumented bashing party now......

    Eventually something's got to give. Standoffs don't remain forever. Just like 1st world war
    trench warfare was a standoff tactic but was eventually made redundant by invention of tanks.

    Same way this standoff wont remain forever (of course many waiting EB2/3 I might lose patience ), either GOP will get into power and force the piecemeal through or Hispanic caucus might gain even more power to force CIR through.

    Repeated failures might weaken the CIR coalition (Refer the Greg Siskind post about MALDEF chief few months back).



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  • gc_chahiye
    07-09 04:32 PM
    yea.. i did not read ur first post correctly..sorry

    well that note was a bit hidden. I have highlighted it almost Macaca-style now!





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  • java_jaggu
    06-20 04:29 PM
    logiclife, I am not sure whether we can file the 485 on our own with a letter from the employer. The letter from the employer is part of the "Initial Evidence" required to file the 485 petition. Here is a snippet from the immigration-law website talking about the importance of submitting the initial evidence at the time of filing. There is a high possibility that your I-485 petition will get denied(without an RFE) if you don't submit it without a letter from the employer.


    06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

    As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.



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  • a_yaja
    01-02 09:35 AM
    Hi,

    My first passport was issued on mar 31 1998..with expiration date of 30 mar 2008. I lost this passport and one more (obtained thru tatkal in india) and the latest passport (also issued thru tatkal in india) has issue date of 1 nov 2003 with expiration date of 30 mar 2008 (same expiration date as the original passport).

    My question is should i be applying for passport renewal or a new one at Indian consulate SFO (i stay in that jurisdiction)

    If renewal, will they just endorse the new expiry date as 30 mar 2018 (i.e will i get back the same passport)?

    Pls clarify this?

    Regards

    New Passport or Renewal depends on your current passport. If there is an "(F)" after the expiry date of your passport, then you will have to apply for a new one. Otherwise you can renew the existing one. Even if you get a new one, the consulate will return the old one - and you can carry both passports if your old one has a valid visa. I am not sure if renewal will result in a new passport copy or if they will just change the date in the existing passport. After coming to the US, I could only apply for a new one as I could not renew my old one (old one was applied for when I was below 18 yrs old). At that time, I carried both my old passport with F1 stamp and new passport untill I got H1 stamped in my new passport. The new passport I got back in 1997 was valid for 20 years (expires in 2017).





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  • gcwaiting17
    10-14 11:55 PM
    still waiting for FP ...



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  • Misha79
    04-01 10:05 AM
    Hi all
    Thanks for your suggestions.

    First thing ,i should get visa dates then get my flight booked accordingly.I know both things are difficult to get synchronized thats why i am trying to gather all details ahead.

    Lockers is a great idea ,i dinnt know about it.

    Because of all the distances from delhi to native places and time shortage i have to do this.


    So taking taxi from Delhi , i am pretty scared as i heard bad experiences. My couple friend got their certificates stripped of in delhi while they were going for visa.





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  • number30
    03-18 03:56 PM
    I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. My previous employer withdrew my I140 application. I’m in my 6th year and just started my Labor process with the new company.

    My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.

    How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)

    What is the wage mentioned on LCA for the H1 ? Is it more then 50K?



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  • vallabhu
    06-11 10:14 PM
    I have used all my H1 years... I was not eligible for extension as my labor /perm was filed < 365 days. Currently on EAD with I 140 pending.. Am I eligible? :cool:

    Even I am situation due to I140 denial I am in 9th year extension, I have to start new process soon but I will work on it only I will be eligible for PP of I140.





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  • sweet23guyin
    04-23 01:31 PM
    You aint getting any information or clarification on this buddy. Everyone says it is a gray area. I am getting gray hair trying to get clarification for this gray area :)

    Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!


    I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
    Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
    My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.

    Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
    If there is a chance or idea you want to put forth with your own company, there is no good time than today!

    Good luck and let us know.





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  • Wewilldo
    11-25 09:21 AM
    Thanks for the reply.
    So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
    Am I correct?

    Hi Andy,

    I am in kind of same situation. What happened to your case? My new employer file my H1 extension and renewal after my VISA expiration. They need valid I-94 for I-9 verification.

    If you have time can we talk for seconds, 914-217-6925.

    Thanks,
    JAtin





    lagsam
    12-17 05:09 PM
    According to my daughter, they did not ask anything.

    She traveled separately from me.





    sixpockets
    04-15 10:16 AM
    TomPlate is correct, I followed the same procedure after being rejected twice.
    Here's the supporting FAQ from IRS ...

    http://www.irs.gov/efile/article/0,,id=120000,00.html#PIN7



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