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rajuram

04-05 06:42 PM

Yes it is correct link, many of us are headed this way....

This is not a correct official link.

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srikondoji

07-27 03:26 PM

What you said is true.
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?

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sdas

12-02 10:28 PM

but, the title of your thread sure sounded like an AD. You could have titled it as "Need advice on H2-B non immigrant visa" or something like that..

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uslegals

08-20 03:39 PM

A consulting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.

I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.

Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.

Thank you!

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bluez25

07-22 06:02 PM

Thanks Sachu and Tinku for the confidence.. I got one from SFO Indian consulate. I will put the format in this thread when I get home.

Also I will update details when I get to India.

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gc_chahiye

10-26 03:43 PM

My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.

Is this true?

Thanks,

PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.

I had the same concerns on reading the instructions on the I-131 pplication form for the AP.

On page 2:

"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."

And later on page 4 section III B 1 they go on to say:

You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons


However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.

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santa123

06-21 09:27 AM

I think they are probing link of your Civil Engineering and Computer Analyst job. They are looking for specific computer oriented language courses that show you have formal education in that and that should corraborate your work experience letters. Its well known that getting EB2 for computer analyst etc oriented jobs is getting difficult. They are now questioning more and more as to why analyst oriented jobs should require Masters and #2 they are looking for links between Civil Engineering education and Computer oriented job that you are trying for.!!!

All the best.
Best Regards

Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?

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gc_buddy

09-12 09:54 AM

I believe the consulates aborad depend on the information on the internet.

Some times they try to verify the information of the company such as the kind of business the company is into that the applicant is talking by doing a google search. It happened at one of my interviews..

They do all on the fly when the interview is happening. I could see the interviewer typing Google and then the name of the company..



I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.

RFEs or Denials May Not Be Based on Wikipedia Information

The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.

It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.

Link http://www.murthy.com/bulletin.html

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PD_Dec2002

08-23 02:56 PM

I guess 485 getting current does not help much without getting i-140 approved.

It certainly helps some so their spouses can work on an EAD. And it definitely helps everyone if one needs to invoke AC21. But yes, a I-485 is not going to get approved if I-140 is pending.

Thanks,
Jayant

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amitjoey

07-20 01:43 PM

We're in a unique situation. My wife and I married in India and didn't register our marriage; we're now citizens of country X. To get our marriage (and birth) certificate, we went to the local Indian consulate, which provides these services. But we were told that, since we're no longer Indian citizens, we should go to X's consulate. Is there a way we can get the certificates? How about registering our marriage in the US?

For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through . Is there a quicker solution?

Just register your marriage here in the USA.

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indianabacklog

10-12 11:15 AM

Live in Carmel. Have been locked in this process for almost nine years.

Is there an active state group?

If so please send me a PM.

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sargon

09-29 06:58 PM

USCIS has updated the processing dates pages of all the four service centers on September 28. Now the pages say that these dates are valid as of July 31, 2008 only.

If I remember well the processing dates information was more up-to-date earlier.

So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.

What can we deduce from this? Is it good? Is it bad? Or no relevance?

It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.

Simply more confusion, as if as it is we were not confused enough.

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Rinsha

04-03 07:56 PM

Why is it still unaccessible? Are you guys experiencing the same?
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

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EB3_SEP04

06-30 09:21 AM

If I were you, I would decide office by Receipt Number EAC/LIN

Thanks Johnamit, my EAD card # starts with "WAC" which is for "California service Center"

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inskrish

10-21 10:47 PM

Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?


Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

Thanks for all your help!!

1. Can I travel and enter on my H1 even if my AP is approved/pending?

Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.

2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?

If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.

3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.

Consulting an attorney is the best option, I believe. Good luck!

Regards,
IK

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dhirajgrover

08-10 12:51 AM

What's the current status?

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kaisersose

10-15 10:15 AM

Technology and money do not matter. But the job role and responsibilities matter.

You need a good attorney who will accompany you to the interview if you are not clear about the job role match.

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swaraj

11-11 11:06 AM

desi485, thanks for the tip.
I found this link which mentions that one can apply for a new visa before expiry of current one:
http://www.usembassy-mexico.gov/eng/evisas_faqs.html#11

But it is for US embassy in Mexico, and there is no mention if there is minimum time before expiration date. Will it apply for US embassy in Delhi too?

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immigrant2007

03-01 08:25 PM

Yes, AC21 applicable. But as i said, you "ported off of a unapproved I140". You have to keep that in mind. If you currently don't have a lawyer, get a paid consultation.

Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP

Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.


MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)

Quikc question
Want to understand how your files 485 in June2008 for EB3? Was it for India or some oter country?

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menezeswayne

12-11 03:05 PM

Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?

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485Mbe4001

11-29 03:49 PM

Get a syllabus booklet from your university. if you attended a 4 year course they will send you 1 booklet for each year which describes the required courses and the course content in detail. Send this with your reply to the RFE, refer to the pages where they mention the course content and graduation requrements. A friend of mine did this 6 years back for his RFE and was approved. The problem was that the transcript mentioned math but USCIS had not idea of the level of math at the university (yours could be similar...just guessing).

The other option could be to get your transcripts evaluated by a third party.

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