Sunday, July 3, 2011

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  • insbaby
    03-31 05:36 PM
    I have received an RFE on my I-485 application to provide a copy of birth certificate. However, I have submitted the birth certificate and affidavits from my parents when I filed for I-485.

    I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?

    Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?

    Here is my RFE
    ==========
    The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.

    ....

    Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.

    You said, you have a birth certificate without name. I guess, you can apply to local birth certificate issuing agency and get a new one with name. If the birth is registered properly (in your case, it is as you have the certificate), it seems possible.




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  • looneytunezez
    06-05 07:02 PM
    Overtime is paid only if you are a non-exempt employee - usually means you get paid hourly. If you are an exempt employee, then you are not eligible for overtime. Not sure if this is different in different states, but that is how it works in Ohio.

    Same is true here in CA (Only non-exempt employees get overtime).
    Again, check with your state agency regards to overtime pay..... or consult a employment attorney...




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  • gc_check
    06-24 06:44 PM
    If I-140 is approved and priority date is current is it possible to keep on extending H1B for couple of years without applying for I-485? I am asking this quetion because my employer is not allowing me to apply for I-485 as my I-140 is pending. It looks like he want to use me for couple of years on H1b.

    You can apply for I-485, Even if I-140 is pending. Talk to your employer and use this opporturnity to get I-485 filed asap.




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  • absaarkhan
    01-14 03:53 PM
    H1B Renewal Process is Very Simple.
    But the Beneficiary cannot do it on his own.
    It has to be done by your Employer since on I-129
    he has to Provide lot of confidential Information about the company
    like Turn Over and Income of the company.
    Most Employers have a contract with the Attornies and Prefer to
    go through them instead of doing the Paper work themselves.
    BUT it is very easy.



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  • cache22
    12-01 03:01 PM
    Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
    I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.

    I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.

    This is a complex situation, you should consult a lawyer.




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  • kumarc123
    03-24 04:04 PM
    Well they may created it new but the content is old and system needs to be fixed.

    You are right, the million dollar question is, when will they fix the system?



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  • NYImmigrant
    12-10 02:36 PM
    Instead of posting messages on any thread, please only focus on calling lawmakers. Do not distract the forum and yourself by posting messages on any other threads. I request members not to respond to any other threads. Now lets get back to work!!

    Janak... only if you know your facts before calling, you will be able to make a point. It's not only about calling and bugging the lawmakers. Through conversations we can come up with ideas...

    Take it easy. Good luck with your immigration application




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  • immigrationhelp
    08-29 11:00 PM
    Hi,


    I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.

    During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.

    what are the possibilities to include her in my greencard process?

    Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.

    My Case Details

    Labour Filed (Perm)--------------------------> Jan-2006
    Labour Approved -----------------------------> April-2006
    I-140 Filed -----------------------------------> Aug-2006
    I-140 Approved --------------------------------> November 2006
    I-485 applied only for myself --------------> July 20,2007
    First entry into USA------------------------>January 2000
    H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)


    Thanks
    -Kishore



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  • ajju
    09-24 07:38 PM
    I believe its a good idea to wait for the RFE since that would be the right way to go about this.

    When USCIS issued FAQ that they'll accept the applications without medical forms.. they did replied to it.. Check for USCIS FAQ # 1 (http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf)

    Q13: Can applications be filed without a required medical examination report?
    A13. Yes. Consistent with its current regulations and practice, USCIS will accept adjustment of applications filed pursuant to Visa Bulletin No. 107 without a completed medical examination. In such cases, USCIS will issue a request for evidence.




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  • crazyghoda
    02-13 03:08 PM
    I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.

    Has anyone else noticed something similar when you started with a new employer using eVerify?



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  • ushkand
    07-23 10:20 PM
    WOW! they'll accept applications without medical examinations. Wish I had known that before sending my second app. :( Seems like USCIS is more forgiving this time around - you think the flowers had something to do with it?;)

    Hope they treat my G-325 oversight the same way and issue an RFE instead of outright rejecting the application. (Fingers crossed)




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  • Stcuk
    10-31 07:02 AM
    Recently , a friend of mine who lost his job while on EAD had these questions.

    1. He has EAD and H1B both valid till 2010. What should he use to get a jbo, ead ot h1b, what are some of the good reasons to avoid using ead as ar as possible?

    2. Is he eligible for unemployment allowance.

    If there is any thread where these have been answered please direct me there. Thanks



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  • sushant_s
    08-25 09:19 PM
    Hi All,

    I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.

    I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
    Help is greatly appreciated.




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  • contact.vr
    12-01 12:01 AM
    I'm trying to do H1 transfer but my case has some complications and henc am worried if I should go forward or stick with my current company though they are sucking my blood outright.

    1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?

    2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?



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  • cheshirecat
    03-22 01:02 PM
    ^^^^^^Bump^^^^




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  • gc_check
    01-25 11:07 PM
    Considering the state of the economy and considering that the most important poisiton to save is that of the primary applicant, I suggest that USCIS process cases of primary applicants asap.

    Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.

    What do you think?

    ssh --> I see from your profile your PD as 2001 and understand your frustration, waiting long. I like the idea what you has told... but not sure if it is practical.

    Even I think, we need to ensure, the criteria for apply for EB immigration must be met @ the time the application is accepted. But after that, if the applicant status change in the interim, that should not jeopardize the entire applicaiton it self. With EB, they want to ensure, the status is met @ the time of approval, but given the present economic condition, any thing can happen, and hope USCIS, does not utilize this to penalize the law abiding legal immigrant folks for the delay by USCIS in processing application.

    I'm not sure, The application eligibility should be verified/met at the time an application is accepted for processing and not @ approval is my view. But might not be acceptable to vast majority. Return the application immediately if criteria is not met, but not after many many years.



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  • Maverick1
    09-24 01:00 PM
    You might want to wait until your I140 (substitution case) is approved unless your lawyer used that as basis for your 485.




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  • frostrated
    08-30 10:15 AM
    My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?

    You are safe. Just make sure that your AP is valid when you re-enter.
    If you are approved while out of the country, take a print out of your approval email and show it to the Immigration officer.




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  • greatzolin
    09-28 05:30 PM
    Q : Will this affect my ability to travel?

    Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.

    Ok so no travel unless you have AP...right?




    fasterthanlight�
    05-09 10:29 PM
    Mucho better-o




    anandrajesh
    01-10 04:09 PM
    I mean the PD dates moving...;)
    Let the PD dates move and give us some relief;)

    I call you an ETERNAL OPTIMIST.



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