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  • capriol
    04-15 02:49 PM
    Dear Friends:
    I would appreciate if someone could answer these 3 questions for me:

    As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
    (1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
    (2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
    (3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
    Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.




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  • waitnwatch
    04-21 02:37 PM
    It is generally a good idea to go to any CBP and get the date put in. It is a pretty easy process. When the CBP folks say that an exit in 6 months in fine I guess they are correct in the sense that you have to stay illegally for over 180 days to be barred from reentry.

    Anyway this should be pretty easy except that you have to find the time to go to your nearest international airport. For some it could be a 4 hour + drive!

    Good luck




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  • permfiling
    12-10 01:03 AM
    My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.




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  • menimmigration
    07-19 09:48 AM
    Hello IV Members,

    I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.

    My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.

    Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.

    Thanks.



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  • theperm
    05-07 06:51 PM
    bumping up




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  • Lucky7
    12-04 09:22 PM
    [QUOTE=GCwaitforever]That is somewhat slavish mentality. For a different perspective ... In the words of Curt Flood, "A well-paid slave is nonetheless a slave".

    I think you hit the nail on the head GC,even though i get paid very nicely i honestly feel like a slave every single day for the past 6 yrs.
    The last job i had to turn down was with a fortune 100 company and would have got to work on retrofit work on the Petronas Towers,every Architects dream, but had to turn it down because i cant travel till i get my GC cleared.
    As far as a lawsuit i think if DOL does not clear all cases by end of 2007 all people affected should donate $300 towards a class action lawsuit,people who can afford more should donate more obviously,and even if it does not achieve much at least it would get pulblic attention.



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  • kevnss
    03-26 02:33 PM
    Any one has any updates/suggestions on my issue posted above?




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  • immigrant2007
    06-16 11:30 PM
    Hi- When I started off with the green card process, I had not idea about what most of the things meant. I joined a very reputable Fortune 500 company in 2006 (the same year I came to the US on a H1B), and started my GC process in 2007. The company offered me an pre-approved labor with a 2006 PD, which had a matching requirement w.r.t job description and salary.
    During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.

    And no, I'm not working for a consultant. And I have been with the same employer since 2006.

    Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)


    Thanks.
    you will be fine dear friend. you will be able to use your 2005 PD.
    how;s miami?



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  • akred
    03-26 07:52 PM
    Yes. But as my wife found out, a lot of employers (small business) are willing to pay off the books or in kind (like free private school tuition).




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  • nb_des
    04-15 02:59 PM
    Yes, if my LC will get approved in the iterim, I might be safe, but with no time left on the H1-B, and with the reduction of salary that will be applied very soon, I don''t think this is going to happen. Unless, as you said, I won't be lucky enough to get approved really soon.

    Again your LC approval has no direct connection with what you are being paid currently. LC is for future job so I find it unlikely that DOL will factor your current salary in any way. They may consider your employer's ability to pay the stated salary on LC based on their finacial situation but your current pay stub should not matter.

    Does that answer your question?



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  • invincibleasian
    02-21 12:26 AM
    invincibleasian :

    Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
    Also, what all document you need to apply for it ?

    I am planning to do that since my employer denied me for getting I-140 copy.

    Appreciate your resposne.


    Fill out the G-639 form and follow the instructions. Write a covering note clearly indicating the documents yu need and include information like lin numbers etc if available. get it notarized and mail it to the address in the instructions. yu recv a application recvd note within 20 buss days. this contains a number which you can use to track yur request. I am still waiting for my request to be completed since it has been placed on the complex track!




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  • pani_6
    08-23 10:49 AM
    People who have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..



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  • raghureddy
    03-18 07:15 PM
    No it is not dead as i am still renewing my EAD with the same company. My H1 was denied as USCIS was asking about the client info after my project was over.




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  • Sath thesmilingstar
    02-25 08:10 PM
    I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..

    so does this mean that i cannot apply with my is i-140 pending..??



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  • ravi.shah
    01-06 01:33 PM
    As always, lets hope that some or the other bill materializes and provides much needed relief to those waiting in line :)




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  • LostInGCProcess
    08-30 02:11 PM
    Isnt recording conversations without the consent illegal? :confused:

    Found on the net:

    The U.S. federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations. 38 states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so.

    12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

    It is illegal under all jurisdictions to record calls in which one is not a party.

    A complete state-by-state set of regulations regarding telephone call recording may be obtained in the following report published by The Reporters Committee for Freedom of the Press:

    http://www.rcfp.org/taping/states.html



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  • ita
    01-23 10:06 AM
    Hi,

    When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)

    They changed the visa fee this year (2008).
    The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
    What can I do now?

    There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )

    What should we do in this case as we are filing online?


    Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
    Will there be any problem in visa approval for parents.

    Thank you.




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  • wandmaker
    02-18 03:25 PM
    I have a Green card and also my wife has GC .My wife is expected to deliver a baby.Shw wants the delivery to be in India and then come back...in that case what VISA will the new baby have to apply US when my wife returns back to US.

    Appreciate your help in this regard.

    Are guys nut? Don't you want to watch your child grow?! :confused:

    Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D

    If I were you, I would not allow your wife to give birth in India and miss watching the child grow.




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  • mihird
    07-12 10:17 AM
    This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.....

    Dude, the whole system is setup and organized wrongly deliberately..
    In the guise of fairness and promoting racial diversity, the system is deliberately setup so that countries that supply most labor backlog all the time....

    Phillippines for healthcare workers
    Chindia for technology workers
    Mexico for low skilled workers

    This gives businesses that employ the imported labor the opportunity to exploit the employees at will.

    There are always unused visa numbers and oversubscribed countries in the system all the time...this gives politicians the leeway to throttle immigration as they want...through the DOS bulletins...the July fiasco was just an extreme example of this practice....

    Even if a point based system is brought in, the per country fixed quotas will not go away....and thus the retrogression will continue....yes, you qualify through the point based system, but since a lot more from your country qualify too...you go the end of the line...




    Green_Always
    06-12 06:04 PM
    Paaji msingh, Try contacting Manmohan Singh.

    Right Solution :-)

    msingh.. life is tough for GC Holders also here, without Job / work life is hell over here.




    clazale
    04-07 03:26 PM
    http://www..com/discussion-forums/i485-1/28005017/


    Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .

    "Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.

    Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!

    "The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
    Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
    Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.

    Texas Service Center

    Congressional Relations " "
    I am trying to get TSC to accept my cross-chargeability without much luck. I would really appreciate it if you could spare few mins to answer a few questions:

    1. Will an infopass appointment help or a call to customer service help?

    2. Do you have the format of the letter sent by your congresswomen's office?

    3. Is it better if my lawyer requests the congressman's office or should i do it?

    4. If i speak to my congressmans office, should i inform my attorney? I hope the letters sent by the congressmans office do not undo any work my attorney might have done.

    5. How do we know that cross chargeability has been accepted. Does USCIS always send a letter informing that they have accepted the request for cross-chargeability?

    Any help is really appreciated.



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