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  • Kapils573
    06-15 03:11 PM
    I believe it is the number which is assigned to you when your I-140 is approved. It is mentioned on your I -140 approval notice. and it is used to fill your AR-11 form





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  • wandmaker
    12-18 10:21 PM
    Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://i.imdb.com/Photos/Ss/0266697/KillBill_CN-99-3.jpg).

    Nice quote :)





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  • sledge_hammer
    02-20 06:06 PM
    1) What is her current status H1B or H4?
    A) H1

    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.

    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    A) She will have to re-apply for H4 and re-enter the country.

    4) What are the options to get her back on H4. I have to file my extension in sept-2009.
    A) Contact an attorney.

    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers





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  • kaisersose
    07-24 03:07 PM
    ashkam - Thanks alot for the info....my case is "If your job (description, location and salary) remains same or similar under the new company"...still i don't understand why my attorney says to start all over again.

    I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(

    Spend $200 dollars for a 15 min conversation with any of the top attorneys. Your confusion will be laid to rest.

    Just send your questions and all required details to them ahead of time and also write down all possible follow up questions for yourself so that both parties are prepared before the call.

    If they say you have to start afresh, then you can consider packing your bags. Good luck!



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  • yabadaba
    06-28 03:13 PM
    ^^^





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  • Jerrome
    05-21 01:30 PM
    I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).

    We applied for her H1 in 2007 April, it got approved on September 2007.

    We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.

    We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.

    Her H4 approved on November 2008(but i was no more in H1).

    I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.

    Bump



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  • solaris27
    10-16 01:11 PM
    i had LUD same day and one day after .





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  • waitnwatch
    07-16 06:28 PM
    Your post resembles one of those ads with deceptive fine print! Do you work for an advertising company by any chance?

    People providing all the red dot's........don't be so uptight or high strung. Don't you see the GCK's hidden talent!!!!!!!!!!!!!!!!!:)


    Please see links below:

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

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


    :cool:

    When will the next month dates come out ???



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  • VMH_GC
    07-17 06:03 PM
    I pledge $100 right now to IV. I will make the payment tonight.





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  • raysaikat
    09-13 03:56 PM
    Hello,
    I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.

    I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
    Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:

    1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)

    OR

    • At least three of the following apply to him/her:
    o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
    o A record of major commercial or critically acclaimed success.
    o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
    o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
    o Other comparable evidence

    Aliens in the Motion Picture or TV Industry
    The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.


    When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.



    As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.

    Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
    O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.


    We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?

    And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?

    Thank you for your answers!

    EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):

    Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:

    Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

    Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]

    Published material about the alien in professional or major trade publications or other major media;

    Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]

    Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;

    Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;

    Evidence that the alien's work has been displayed at artistic exhibitions or showcases;

    Performance of a leading or critical role in distinguished organizations;

    Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;

    Evidence of commercial successes in the performing arts.



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  • ocpmachine
    10-13 12:53 PM
    My 485/131/765 package was received by USCIS TX center on Aug14'07 and my checks got cashed out on 10/9/2007.

    I got the receipt# from the back of the cheques, however i am unable to pull up the case status online, i read through the USCIS FAQ and it advises us to wait for 3-4 weeks for the case to show up online.





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  • ftbakhru
    06-18 03:30 PM
    Yes you can pick the passport at end of day manually



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  • msr1234
    04-16 05:03 PM
    Yes, Today morning





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  • file485
    09-27 11:16 AM
    this is a hot topic right now..!!

    many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

    anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

    In no way,this situation can be treated as a substituted labor...

    So may I take it from this thread, bottom line that we cant do it..



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  • ilikekilo
    09-18 06:08 PM
    green added for you thanks...



    any one else got approvals for E file EAD at NSC

    any recent EAD approvals? we applied on aug 11 and did FP's on sep 8th, i e filed...mine expires on oct 30th ..please advise..mine is at NSC

    the processing dates show may1....and i am moving to a new emplyer on oct 13th and i dont want my new empllyer to get shocked saying my EAD expires on Oct 30th..any suggestions are apprecaited





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  • roseball
    07-27 02:07 PM
    I have a friend who filed is 485 on July 24th and he couldn't file for his spouse who was in india at that time.She is coming back on July 30 and planning to file for her I-485.My friend did not receive any receipt and what does he need to do in order to file for her i-485?

    -Thanks

    contributed $250 so far.

    This is the way to unnecessarily complicate things. The best thing to do was to wait one more week and file together.....

    Now, they have to include a copy of the courier receipt/delivery confirmation etc along with a letter explaining its a secondary I-485 pkg attached to so and so's primary package which was received by USCIS on a particular date.....I suggest writing the letter on a "bright colored paper" so its visible right away to the mailroom people....



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  • REQUIRE_GC
    10-16 12:32 PM
    I had only one lud after fingerprints code 3 (same Day - Thu day).
    :( Does that mean my case is stuck in Name check.??????????????? :(

    I have Fp done on 13th OCT. LUD on CASE STATUS on OCT 15, OCT 16.
    I had two fingers matched. I dontknow if it is normal





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  • a_yaja
    07-18 11:02 AM
    what is your country of birth? I know dates never went current to sep'08 for india...

    His priority date was May 2004 - not Sept. 2008. He kept his original priority date.





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  • chanduv23
    05-19 03:46 PM
    Thank you Chandu for the reply. You are right about the info pass. Yesterday I took the info pass. I thought it would be very helpful because I can talk to IO face to face and explain my situation in detail. One thing I would appreciate about IO is she was very patient and she tried to understand my case fully. But at last she said she cannot help me. She said the only option I have left is just to wait to hear from AAO. She said her daily job is to give the latest status of the cases, giving immigration forms and help people if they have any doubts.
    I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?
    Thanks
    Raj

    Well, I am not sure about it. I have been told that one cannot renew EAD AP if 485 is in denied status. As you got it from the horse mouth, you may try doing it.

    Approach your local congressman's office and tell them about your appeal and see if they can help





    raysaikat
    05-31 12:18 AM
    Thanks a lot, Raysaikat.
    I appreciate the response.Here are a few of my immidiate thoughts....

    1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
    This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.

    There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.

    It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:

    In this document, "out of status" is defined as what I am referring to as "unlawful presence".
    212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]

    * For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
    [snip...]
    It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.

    Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.


    2)How does USCIS actually track who is employed and who is not?

    They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.



    3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?


    Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.

    I.e., you will have no problem at all.



    4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?

    Any thoughts/opinions wouldbe most appreciated.
    Thanks!

    My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.





    va_dude
    03-31 01:11 PM
    sorry to hear about ur situation.

    but just a quick note, it is ridiculously expensive to have a child in this country without your wife being covered by med insurance. the costs can be too high. so try to get insurance for them asap.

    good luck.