Monday, June 27, 2011

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  • rockstart
    03-01 07:28 PM
    Were you working all the time in 2006 or were you on vacation? In case you were on vacation or medical leave or overseas for personal visit you can be on leave without pay. I am assuming 2006 was your 1st year so you definately did not have paid vacations. My advice is please document all your off time well this will help you.

    Hey Tiger,

    Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.

    Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension




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  • morchu
    06-01 04:44 PM
    If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.

    USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.

    At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.

    Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.

    Thank you for your immediate reply. I have 2 more questions as below :

    My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.

    1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

    3. My families also need to re-enter to USA at the same time ?

    Hopefully, I am able to explain my occurred situation correctly.

    I need your valuable suggestion pls.




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  • belmontboy
    09-15 02:53 PM
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

    Sharab & Kabab.




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  • abhisam
    07-09 02:12 PM
    You cannot ask for an interim card by or before September 10th as you finish your 90 days of application only by September 23rd (and you might actually get your card by that time). What you should do if you don't receive your EAD by the mid of August is to take an infopass appointment and request them to speed up your process. Be genuinely sincere and explain your case. If you are lucky they might either issue you an interim card or might just get NSC to speed up your application.

    My take is you will receive your card by the end of August at the very least. So don't worry.

    Thank you! will pray that i get it by august or take the infopass appointment. Really appreciate all your help.



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  • anandrajesh
    02-12 02:42 PM
    I went to India this Winter and got my 7th yr H1B stamping for 3 years till Aug 31, 2009. My passport is expiring this Aug 07. The Immigration Officer at the POE(Chicago) gave me I-94 till Sep 09, 09. (09/09/09) . As you see in my case the VO & Immigration Officer didnt care to see when my passport is expiring. I think they will give you your Visa Based on ur Approved I-797 only.




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  • gcformeornot
    08-30 01:21 PM
    he is a dummy. Just wasting our time.



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  • h4hopeful
    05-31 12:56 PM
    You should look at it from the point of view of the immigration officer, that person was 50% immigrant and because of that needs to apply for a Green Card, on the mean time one visit a year for less than 90 days or one visit every two years for 6 months will make them a 25% of the time or less resident of USA, which doesn't raise any flag, you have to put yourself in the shoes of the immigration officer.

    On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......

    Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.




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  • chris
    12-15 04:03 PM
    Any of got approved based on this memo ?

    USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.



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  • sainwa
    04-16 01:48 PM
    Any one from Sugarland (Houston TX)? Its rated one of the best place to buy the house NOW .
    http://money.cnn.com/galleries/2008/real_estate/0804/gallery.best_buy_home.moneymag/6.html

    How is the IT job market there? who are the big employers in Houston area?




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  • pappusheth
    05-21 05:01 PM
    when me and my wife went for fingerprinting (in late 07 after that July fiasco), the person who finger printed my wife told her that she would get her green card in 6 months.. I didn't bother thinking about it since I knew that the dates were no longer current and knew his statement was not grounded. We've, off course, not received our green cards till now..

    I think they just make a generic statement and they are unaware of retrogression, priority date, per country limits etc. He must have heard from somewhere that people get green cards 6 months after finger printing is done (which would be true in all cases that are not from India, China etc) and said it casually.

    Now in your case, I'm not sure if his statement was based on anything really seen in the system or just a generic one.. I guess it's just a casual one..



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  • satishbsk
    07-08 05:38 PM
    They took 20 k tilll last month and no match.

    ____________________
    contributed $260 so far




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  • RDB
    08-28 02:39 PM
    Dude, if your profile is genuine, that does indicate something - my PD is also Nov. 2005, EB3-I. Both of us got 1 year EAD instead of 2.......hmm.....my attorney called USCIS and according to the attorney they (USCIS rep) couldn't tell them the reason for 1 year EAD.......asked me to do infopass!

    mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.



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  • immm
    08-01 11:18 PM
    i disagree, they usually put the date of receipt in there and not the encoded date.
    Not true. They usually put the notice date in the online case status and not the receipt date.




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  • Motivated
    06-18 11:34 AM
    donated $50; learned about the organization on June 8, participated in the event - not knowing any of the issues. Was an eye opener to the legislative process. I did not do much, just accompanied the IV members to the meetings - these members were well prepared to present the case as well as to answer questions. I am impressed, and here I am registered and donated.
    Thank you IV for being pro-active. Feels good to be part of the action.



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  • starone
    10-29 11:52 AM
    Lazycis,

    Can you share here or by pm the letter which you wrote to revoke your previous Attorney? I am also in the same boat where i want all my correpondence sent to me.




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  • Domino
    04-25 06:46 PM
    Thanks man, appreciate your quick response.
    Glad to hear you got your visa :) was it hard and strenious?
    I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.

    Best,
    Ilan

    Well, yes, it was not a fun. I hired somebody and payed around $2000 and the guy send everything without enough documentation and did not write a good essay (actually only halp a page!!). So, of course, they requested additional evidence. Then, I took control and wrote an essay myself (about 10 pages) proving me valuable with supporting evidence materials like awards and local newspapers, programs etc.
    Was approved very soon after submitting..
    So, get a good attorney (proven to know exactly that kind of stuff) and save yourself TONS of frustrations. Good luck!



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  • gcformeornot
    01-04 12:38 PM
    ^^^^^^^^^




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  • xyz2005
    08-14 04:38 PM
    I-485 AD: Jul-02-2007
    I-485 ND: Jul-31-2007

    still waiting for fingerprint notice.

    Hi,
    Same case like you but got FP notices for me and wife together just yesterday evening. Just wait and you should be getting yours in a day or two.

    Best Regards,




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  • sanjay02
    05-14 03:15 PM
    Gurus
    I am going to be renewing my EAD myself and its going to be paper filing, so my question is what should I be be answering to the question below?

    Its question 17 on the EAD form

    17. If you entered the Eligibility Category, (c)(3)(C), in item 16 above, list your
    degree, your employer's name as listed in E-Verfy, and your employer's EVerify
    Company Identification Number or a valid E-Verify
    Client Company Identification Number in the space below.

    Degree:
    Employer's Name as listed in E-Verify:
    Employer's E-Verify Company Identification Number or a valid E-Verify
    Client Company Identification Number




    Desertfox
    10-30 08:51 PM
    My lawyer confirmed that we can apply for renewal 6 months prior to expiration date.




    neel_gump
    01-29 11:51 AM
    no OCI for minor kids...you can get more info @ http://www.indianconsulate.com/



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