Monday, June 13, 2011

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  • gchope2k6
    03-17 12:16 PM
    Hello all,

    Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?

    Thank you.




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  • chanduv23
    04-01 01:34 PM
    Gurus,

    my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

    the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
    1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
    2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
    3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

    so, we submitted an MTR based on this documents and I got the receipt date as March 17.
    any thoughts and comments will be apreciated.

    thanks,

    As part of pre adjudication cases are being reviewed even if dates are not current. The AO sometimes does not give NOID and sends a straight denial. MOTIC must resolve it.

    Just curious - how long did it take for you to get the MOTIC receipt notice?




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  • mambarg
    07-20 08:40 AM
    My attorney said e-notice is fine and applied.
    but in enotice it is written

    Please note that this e-mail message is being sent as a
    courtesy and cannot be used as evidence of nonimmigrant
    status. Nor can this message be used as evidence to procure
    an immigrant visa


    I am worried if my packages comes back after aug 17?




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  • vikki76
    04-15 09:19 PM
    I agree to every comment made about Cathay /Singopore Airlines- but what are people's experiences with Emirates?



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  • immigc06
    08-14 02:13 PM
    ok. Any other suggestions?.
    I think you should go to lawyer and resolve this.




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  • canmt
    10-26 10:40 AM
    If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before your visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.

    I hope this helps and good luck on your green card pursuit...



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  • factoryman
    07-02 02:29 AM
    IV is so diverse, and mostly anonymous. Quoting one of the greatest persons in history is fine in theroy. But please practice it.

    First and formost, don't become 'touch me not' and withdraw. I am sure you will. Taking umbrage against posts shouldn't turn oneself off, if service, sharing and co-operation is the driving motive.

    I have seen much water flown under the bridge, here at IV, at work and in personal life. We are all here for the avoidable 'injustices' going on against EB based folks: in visa stamping to AOS.

    The whole gamut. Let's say - if most are are turned off (however personal it may be), there is no zest, no life; a place is Sahara, Thar or Gobi would be a perfect place.

    Hope you will take in the right spirit. Got to go. Reaaly going to get unhooked from IV for today.

    yadadaba, i have posted my email in many places. If you want to get info, please email me directly in the future. I will share what I know - IV folks ridiculed me when I said my info from the Ombudsman's office was true. They simply don't want people who have a slightly variant info to raise a voice. I have not personally heard from the O's office on this as I sent my application out on Friday for a Monday delivery without any knowledge of such possibility. If it happens it will really stink...to those who call Ombudsman the barking dog - think before you say - he may have just saved us from loosing 40K visas. Possibly the dates were made current only to clear pre-adjudicated cases. And if thats true, guess what? A window will open again in October. Thats better than where we were without the O's report that may have not impacted anything and the 40K cases ahead of us would still be pending. Its in our greater interest that they get approved and we move up the ladder versus we trying to cry wolf. My 2 cents...


    Something to ponder: "Gandhi's peace marches did not get Independence to India alone. They were radical movements of many people behind it equally responsible if not more. IVs movement is the peaceful one - important but not enough and definitely not filled with exclusivity"




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  • GCSeeker123
    03-24 12:07 PM
    Yes you can Port your PD if your EB3 I-140 is Approved.
    Once the I-140 gets Approved the PD is locked.
    You can file a Labor under EB2 Using your MBA degree, once this Labor gets
    Approved attach your OLD EB3 I-140 Copy and Port to your NEW EB2 Case.



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  • jonty_11
    06-20 06:15 PM
    Thanks.

    Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
    as per my Co lawyer..U can add ur spouse at any time before ur appplication is adjudicated upon.




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  • willwin
    03-24 09:56 AM
    That's useful to know thought it was just mine that was taking forever. My PWD request was submitted January 27th. 9 weeks later still waiting. Should I just wait in the hope that my company's lawyer is keeping track and knows to submit another PWD request?

    Lucky you!! Mine was filed on Jan 5th and still waiting!!

    I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.



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  • wonderlust
    09-27 04:37 PM
    There are many tasks ahead! Let's focus our energy on the positive and work on our future goals.

    Those who attended the rally take pride in their efforts, those who did not attend can join force in the future activities!


    Wonderlust




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  • Leo07
    10-23 03:00 PM
    It's mandatory to file AR11. best part is, it takes less than 2 min to file it online.

    Here is the Link to do it online:
    https://egov.uscis.gov/crisgwi/go?action=coa

    1. For the A# in the form, Should I leave it blank?
    I left it blank, as I do not have a A# I'm on H1-B. Read the FAQ here:
    http://www.nriol.com/immigration/usa-immigration-faq.asp

    2. I wrote down the address where I go to "Work" everyday.

    3. One more thing that you'll need to know: On the Next screen where you click the "Update", You will be presented with:"Yes, I have a pending application with USCIS and "No, I do not have a pending application.

    Here I selected : "No", Since my H1B and 140 are already approved and I did not file for AOS, yet. So, in that sense, I do not have a pending application with USCIS. if you've filed for AOS, then obviously you;d select "Yes".( Sorry, I don't know what happens, if you select "yes")

    Hope this helps!

    I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.

    Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.

    If I file the AR-11 now. couple of questions.

    1. For the A# in the form, Should I leave it blank?

    2. For the section "I work for or attend school at : (Employer name or name of School)"
    I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.

    Please help...Thank you in advance.



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  • Michael chertoff
    05-14 10:01 AM
    Silver Spring




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  • a_yaja
    06-22 10:04 AM
    1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.

    SO the question is:

    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.

    My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.

    You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.



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  • lost_in_migration
    05-25 07:48 AM
    Sent




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  • pappu
    08-23 10:56 AM
    please continue to send mails to your local lawmakers regarding Skil Bill. Use the webfax too at
    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46

    There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broad support for such reforms.
    FYI Numbersusa have been sending messages against this bill--
    http://www.numbersusa.com/faxcenter?action=preview&ID=5665
    --
    Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
    The useful information is available here--
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
    --
    Please tell your friends too.



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  • indyanguy
    09-09 12:42 PM
    I Where did you find this information about limiting EB2 to managers only?

    Check out this post - http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/20720-calling-us-educated-and-eb2-people-14.html#post300225

    I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.




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  • RNGC
    04-07 04:50 PM
    Can we get an appointment with the President and explain the problems faced by EB immigrants....

    1. Travel restrictions (no travel during H1 extension etc..)
    2. Driver license issues
    3. Wasted Visa numbers
    4. Inefficiency of USCIS
    5. Need to increase EB quota

    I know that law makers should make these changes, but President has a strong voice and if he hears our pathetic position, he may do something, just a hope :rolleyes:




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  • sledge_hammer
    07-03 02:38 PM
    Anyone here that can answer my questions?

    Thanks!




    snathan
    02-05 12:09 PM
    Hello,

    I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?

    Or is there any other combination, that would help approve labor in EB2?

    I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.

    Thanks in advance for all your insights.

    You need to check with your HR and Attorney for the legal requirements. Make sure you are not breaking any law.




    stirfries
    03-18 09:31 PM
    I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months.

    Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !

    Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...

    Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...

    Thanks,



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