Monday, June 13, 2011

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  • keiryu
    09-25 05:14 PM
    What is unfortunate is that whenever they talk about 'immigration', it always refers to the illegal immigration problem. The US already have a legal immigration process. Fix this first before dealing with the illegal problem. If there was a functional legal immigration process, it would resolve some illegal immigration issues.

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  • radhay
    08-05 11:50 AM
    Hi, I wouldn't bank on what officer says as it is not binding. You need valid AP to enter US and there should be no confusion about it.

    You should take Employment verification letter and latest stubs although it is not 'required'. I believe your July 20th paystub should be sufficient but if you have access to your latest electronic paystubs(ADP website) it is not a bad idea to print them out. Otherwise don 't bother.


    I read in one the post here at

    a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
    But I am not sure whether it is true or not alway check with Attorny for the same.

    On other post, is it required to have paystubs while travelling?

    I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?


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  • adiboss007
    04-16 01:29 PM
    Dear Friends:
    I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
    As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:

    (a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?

    Please advise, and that would be so appreciated. Regards.

    read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :


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  • needhelpASAP
    04-27 04:02 PM
    Thanks so much for all your advice! I feel a little better now.


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  • gc_on_demand
    12-03 01:43 PM
    My friend got h4 without any issue last week at mumbai consulate. Her husband was on h1 full time for 6 years with same company. No document asked and few questions regarding trip. etc..

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  • bestia
    01-27 02:15 PM
    These are minor things, although annoying, but I wouldn't worry about them. I guess it's just your GC interview. The good thing is that they are processing your case. I would suggest taking your lawyer with you. When is your interview? Just curious what is the time frame. Good luck.


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  • gyrog
    06-04 10:28 AM
    Petition on the gournds of National Interest Waiver falls under EB-2 category. One cannot file 140 and 485 concurrently if the priority date for 485 is not current (to the best of my knowledge). However, you may apply for I-140 based on NIW at any time.

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  • ganam
    02-21 08:57 PM
    Yes. It is possible to do H1 Transfer and use AC21 without disrupting the GC process.

    Please go to

    and see Question 11. Do I have to use an EAD to use AC21?


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  • uslegals
    11-11 01:45 PM
    I just read the instructions for E-filing of AP. This is what it says -

    Who is Not Eligible to e-File This Form:
    You are not eligible to electronically file this form if:

    You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.

    Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.

    Thanks !

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  • deekay
    06-23 05:01 PM
    Although this type of mistake on the I-94 would be an issue of you were solely maintaining H-1B status, because you are considered to be in the U.S. in an authorized period of stay as an Adjustment of Status (AOS) Applicant, the incorrect date on the I-94 should not present a problem for you. Technically your period of authorized stay as an AOS applicant can only end once your AOS application is adjudicated, so the dates listed on the I-94 cards for AOS Applicants are always somewhat arbitrary to begin with. Customarily AOS applicants are issued I-94 cards that are valid for a one-year period, however, if for instance, that year ends, and the I-94 �expires�, the AOS Applicant would still be maintaining valid status so long as the AOS application remains pending.

    In any event, we are not sure if the CPB Deferred Inspection unit will correct this because of the situation above, and we do not feel that the correction is necessary. In addition to continuing to be in period of authorized status as an AOS Applicant, you also have a valid I-797 for H-1B status, and even though you re-entered the U.S. on Advance Parole, you are still eligible for employment pursuant to the H-1B petition.


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  • thomachan72
    11-05 06:21 AM
    The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o

    Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
    140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
    This is what I get from watching several discussions on various forums. If you have other information please post.

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  • thomachan72
    05-10 02:06 PM
    More like an idle mind ;)

    Thanks. I started thinking whether the devil infact has grown more powerful that he is seeking new territory:D:D:D


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  • smartboy75
    07-17 07:49 PM
    Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save saved is money saved..The same money we saved ..can be used for lobbying....Think about it

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  • number30
    02-19 08:55 PM
    Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
    Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
    I have also had couple of traffic for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
    I have been given a date to do the finger prints...
    How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
    if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
    The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
    And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.

    Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.

    As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?

    Much thanks in advance

    I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.


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  • sts_seeker
    02-07 01:11 PM
    you are the kinda guy who is screwing up everyone by filing unnecessary labors, too many I140 and clogging the system for genuine people. Shame on you.

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  • IAspire
    02-21 08:32 AM
    Thanks. Can anyone please help me in understanding how long does it take to get EAD aprroval from the starting point for EB1,EB2 and EB3 category. I am interested only in EAD approval at this point.


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  • boom
    08-11 01:21 PM
    Thanks for your prompt reply.

    My I-94 has already expired .So should I put that validity date??

    I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.

    Thanks again

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  • ilikekilo
    04-17 04:11 PM
    bbct & vin13,

    Thanks for all your feedback.

    I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
    It can not be interchanged since the forms and procedures are different.

    Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.

    We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!


    Sorry looks like it didnt work out for you..

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  • indo_obama
    05-12 11:45 AM
    Wow didnt know everybody here are Super Immigrants....... legal ...Illegal and now super..... whats next duper immigrants

    November 9th, 2004, 06:41 AM
    I am new to SLR photography so I do not have any lenses or leanings to any particular manufacturer. My US$1000 has to buy atleast one lense to get me up and running.

    I was going to buy the Digital Rebel but I am now considering waiting to see what the Olympus Evolt performs like. I need to have a camera before mid December as I am going on vacation.

    Any comments? Is four-thirds here to stay?


    09-15 03:32 AM

    I apologize in advance, if I should have posted in a different thread - if so please let me know and I can post there (and admins can delete this one).

    My priority date from Perm is Feb 2006. But I have an earlier priority date of Jan 2005 (I-140 approved). I dont know if that earlier date has been applied to my I-485 (which is based on the Perm labor). My case is in NSC.

    After seeing the October VB (acc to which my RIR PD becomes current in Oct), I opened an SR to see if they interfiled my two cases. I got a letter in the mail from USCIS, but no reponse in it to my question. Instead it states the following:

    "The status of this service request is:

    Your case is currently being prepared for review. If further information is needed, you will be contacted. Continue to check the USCIS website for case status updates."

    A few questions:

    1) What does "being prepared for review" mean? Should I expect more RFEs? We had responded to Medical RFEs in April this year.

    2) How can I make sure that my two cases are combined?

    3) Is there any preparatory action I can take before October 1st?

    I would appreciate your comments and advice on the above.

    Thank you in advance.

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