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  • kaisersose
    10-11 02:17 PM
    There is no problem here.

    In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.

    If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.

    Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.

    In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.





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  • chanduv23
    09-25 12:17 PM
    Thanks for the information logiclife. Being a low level mod myself, was a bit concerned, but now we have this information.





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  • Munna Bhai
    01-08 01:56 PM
    Hello,

    My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.

    Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?

    Thanks in Advance,





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  • GCNirvana007
    04-04 05:44 PM
    I need expert advice -

    My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
    that I am using for my current employment with my current employer

    1. If I get laid-off, how long can I stay in US without another job?
    Active EAD should keep your status ok

    2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options? AP can be used to travel and return



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  • milind70
    06-21 01:06 PM
    my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.

    i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!

    It seems from past experience CBP will only due correction when mistakes were made by the CBP officer at the airport ,since this is the case of passport validity i think u may have two options.

    1) go outside the country and get a new I 94
    2) file i 539 cost around 195 USD

    I would also suggest to try the local USCIS office where in they could help is some way.

    Mind you CBP officers are not uniform in their actions ,i believe in your case u have been unlucky. I remember i was in a similar situation where in visa stamp was expiring after the passport expiry date but i was given a I 94 with expiry date of the visa stamp rather than the passport expiry date.





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  • hemasar
    05-25 03:29 PM
    Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.

    I renewed my passport at Chicago in 2003 it took just one week. I felt they are much better than the central government offices in India.



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  • ItIsNotFunny
    11-10 04:07 PM
    Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.

    YzSuM09Gz1w




    .

    Its only Mahabharat - people started forgetting Ramayan & Mahabharat.





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  • sunny1000
    02-01 09:11 PM
    Hi Everyone,

    My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.

    Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.

    Thanks if you can help me out

    Regards
    Karthik

    Technically, there should not be an issue. But as the other poster suggested, it may be better to extend it since you are still outside the 120 day window for application.



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  • viswanadh73
    01-04 08:47 AM
    hi gjoe,
    thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?





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  • hoolahoous
    02-04 10:53 AM
    since it was USCIS who lost the documents, shouldn't they give YOU benifit of doubt ? Specially considering that they KNOW that there was an AUTO created I-140 in their system. Technically you can't file I485 without I140. If their system indicates that they have created an I-140 that itself indicates that they accepted the error on their part first.
    If you challenge USCIS decision in court, I think you have a good chance of getting the decision reverted.



    PS: I am not an attorney so consult an attorney first.



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  • sivatallapaneni
    04-04 03:19 PM
    From Dallas.





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  • anilsal
    12-20 12:03 PM
    Recently, Tom Vilsack, Governor of Iowa appeared on Jon Stewart after his announcement as a candidate for 2008 from the democrat party.

    Wonder what is the Governor's stance on legal immigration?



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  • smuggymba
    10-05 11:00 AM
    ^^
    they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.

    Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?





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  • bobzibub
    12-08 05:07 PM
    I wish! :)

    I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

    Yes. We are foreigners no matter how much tax we pay or how law abiding we are...

    We Canucks are not on the "out" list.



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  • dilipb
    02-13 03:54 PM
    What all countries in the world require is young intelligent sensible people like us to become politicians....so that we can make fast changes and make this world a more interesting place to live in.

    but but but....





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  • venky08
    06-22 03:01 PM
    there is no rule that says your spouse must have your last name. it is just your personal preference. (i am talking from the prespective of immigration application)



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  • newhandle
    03-05 08:17 PM
    If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic

    As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.

    I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?





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  • mayhemt
    09-13 03:21 PM
    Whom are you going to sue? Which 'LAW' did they break? Yes you can sue federal agencies or any government agency (up to certain extent), IF you can prove they are breaking law.

    Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.

    Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....

    Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..





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  • aadimanav
    10-19 11:27 PM
    Processing Time Upated

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC





    chanduv23
    01-06 07:12 PM
    We hope to start the New Year with a new vigor and focus on community building and community participations. A stronger community built on mutual trust and participation is what we need today. Let the New Year be the new beginning, where we don’t feel alone.

    We all are anxious about ours and our family’s future, not only from the immigration standpoint but also from the point of view of direction of the economy of the country.

    We as a community have a great potential to help each other. Our members are ambitious and work for various prominent companies in the USA at various levels and they are working harder to reach great heights. As someone had eloquently put it, it does not matter what you know but it matters whom you know.

    So let us start by building a community so strong that we all feel like a part of a family. Let us get to know each other better. Let our families get to know each other better. Let us leverage each other strength and overcome personal weaknesses.

    In that regard, we are organizing a informal social meet and greet lunch at

    Akbar Restaurant,
    21 Cortlandt St,
    Edison, NJ

    on

    January 26th at 12:30PM.

    Everyone will be responsible for their own expenses.

    Just in case you were wondering, there is not going to be any particular agenda and absolutely NO money solicitations. It is an informal networking event.

    In past, several of us (including myself), naively but with very good intention, had pursued some goals aggressively without giving due thoughts to the after affect on the community. That was a mistake.

    We are in process of preparing plan for 2008 that will include several items like Job fairs, Immigration lawyers conferences, Seminars by community leaders (from corporate and entrepreneurs ) , lawmakers meeting etc. These are some loft goals and the Tri State Leads in few days will be sending more details on it. You all will have roles to play in that.

    Please RSVP via a private message to IV member id "singhsa3" or email

    Sanjeev - email id "sanjiv@immigrationvoice.org"

    I am posting this message on behalf of "singhsa3" who is currently coordinating the efforts in the New Jersey Area.

    This is a great opportunity for people to get a sense of what is happening and to feel a part of the community. Please bring yiour families, inform your friends, bring as many people as possible. We want members to take up a more committed role and to feel good and strong about being an Immigration Voice member and being a part of this wonderful community.





    vedicman
    08-30 09:08 AM
    My wife got hers from:

    Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)

    The school actually asked to use them.

    Yes, same experience with us. The school had some evaluators and they are the only ones that are considered, so check with the university for the list first.



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