Thursday, June 30, 2011

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  • martinvisalaw
    06-07 02:37 PM
    I'm confused. I thought you said there was an RFE in your first post?




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  • GCHope2011
    07-10 03:54 PM
    If you are questioned on educational equivalence of the 3+2 year degree's parity with US' 4+2 year bachelor + masters, and your education evaluator can make a strong case for it, you should be ok.




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  • psk79
    05-28 12:12 AM
    Hi,

    Can anyone tell me if its ok to mail my EAD & AP and spouse's EAD & AP renewals to be mailed in the same package to Texas? I can't find any posts regarding this.

    The PO Box address for EAD is different from AP. But i think for non USPS carriers, there is only one address for Texas center (4141 N augustine rd).

    So If I use this address can I mail all the 4 applications in the same package?
    I am not trying to save money but feel that keeping all the apps together might help especially primary and secondary applicants...

    Thanks.




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  • gc28262
    07-07 12:05 PM
    My EAD expires on 07/28/2010. My EAD renewal is currently pending (applied online on 5/18/2010 at NSC). My AP expires on 08/24/2010. I am planning to apply for AP renewal once I finish my move to new address.

    So, I really don't know which date to put. BTW, USCIS online application didn't mark that field as required.

    Put the latest date ( AP ) . May be you can indicate that you are on AOS.



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  • bayarea07
    04-08 04:04 PM
    Hello All,
    I have a quick question regarding my EAD.

    I got my EAD through Company A and then that company got bought Over by Company B, though in my Employer name Section, my EAD is still held by Company A.

    Question 1 - So Next Time,if i file for my EAD extension,do i need to file any kind of amednment to speciy the new company B in EAD and all USCIS document

    Question 2 - What if Company B decided to close down its newly acquired unilt which is Company A, what happens of my EAD status, will that be invalid now.

    Please respond.

    Thanks!




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  • srratlanta
    02-19 11:19 AM
    I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.

    I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.

    Questions
    1. Can i do that?
    2. If so, what documents would i need from my company to process this.



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  • TheCanadian
    11-13 04:26 AM
    Looks good to me :thumb:.




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  • gc28262
    08-16 01:10 PM
    The court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.

    Does this mean this memo is not legally binding to USCIS adjudicators ?
    Is it a victory in disguise for plaintiffs ?

    If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
    Court says rule making need not be followed as this memo is not legally binding.



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  • gc28262
    07-26 01:08 AM
    Hi

    Which part of address change trigger RFE

    1) Submitting AR11

    OR

    2) Changing address for pending 485.

    Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.

    Thanks

    Address change does not trigger an RFE all the time.
    I changed my address recently. Had soft LUD on my I-1485 but no RFE.




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  • Asian
    09-15 10:52 AM
    As they just started I-140 premium processing, I wonder why they cannot initiate 3rd stage premium processing.

    I wouldn't mind spending a couple thousand dollars if I can get the actual green card in a couple of weeks after starting the 3rd stage. Time is money. If I can buy it, I will buy it.

    I don't think it is very constructive to repeat the same story to the congress, which they are not tuned to. We'd better make various suggestions from many different angles so that they can pick at least some of them in a timely manner.



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  • dreamworld
    10-26 12:52 PM
    If you have any receipting issues.. try to participate on this call.




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  • silverfishy
    05-06 05:27 PM
    Folks:
    Need advice on my birth certificate matter.

    I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
    My father's name and mother's name is not spelt exactly the same as in my passport.

    Example:
    my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
    my mother's name has only her first name and not her full name. aaaaa

    My passport has thier correct full names.

    What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?

    OR am I preparing for no reason?

    Thanks for all your help,

    Silverfishy



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  • priti8888
    08-02 11:56 AM
    My cousin is and was in very good terms with employer. He talked to the manager and the HR and managed to change position but not the title(on paper). If you think your PD is light years away , you can convince your company to do the same. My cousin made sure that the HR is well aware of this in case they get an RFE. If you wish, then 6 months before you think u'll get your GC-- switch to Technical position to be safe...

    All this is an issue only if you get an RFE.

    There is always a risk though




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  • ksircar
    06-24 09:58 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.
    Better do not trust your employer, it may turn out to be an infinite loop. Try to convince your employer by all means to file for I485. You never know what your employer really means by "couple of years".



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  • alejo6819
    10-04 09:30 PM
    We went there today, got done in 15 mins. Lots of parking space outside the office.

    Thanks a lot for the info, bsnf.
    The office is on the left of Chastain Ave. right? I just wanted to be prepared. My appointment is in three weeks.




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  • guchi472000
    11-22 02:35 PM
    Thank you very much for your response.



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  • lagsam
    05-20 04:07 PM
    That's right, still AOS.

    You can renew within 120 days before the EAD expire.

    I just renewed mine and my wife. My daughter is 16 and she's AOS, but don't have EAD. I am planning to apply for her EAD next month.




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  • jsb
    07-20 09:59 AM
    1. The title noted on the labor form was "Associate". On the job description letter, is it ok if the title is noted as "Financial Associate Analyst". Plus my labor was approved as IS Manager. Would the "financial" title cause a problem?

    2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)

    3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?

    It is surprizing that generic description of a job got through Labor without any questions. There is no clear answer to your questions. General principle is that jobs description should be more or less same as in Labor application. If your Labor was approved as IS Manager with your title to be an Associate, your job is expected to be of management type. Analyst job seems to be a technical job. Clear these issues before your employer filing for your 140 proceeds.




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  • godbless
    01-17 10:28 AM
    I think the ability to get an emergency 90 day EAD at the local field offices if they delayed more than 90 days is still there as it is there on the USCIS web page. No???




    GCHope2011
    06-25 08:10 AM
    If the cruise goes outside of US territorial waters, everyone on the ship needs to show eligibility to re-enter the US on return. This is true even if the ship does not make any port call in a non-US territory.

    In your case it looks like the ship even makes a stop at BC. Irrespective of whether the ship makes the stop or whether you get out of it or not, the fact that it goes out of US waters is what matters.

    So yes, you will have problems coming back if you go on this cruise.

    You can however fly to Alaska and come back (like a domestic flight) without any problems, as long as it is a non-stop flight from the US to Alaska (no stops in Canada).




    TeddyKoochu
    05-23 05:08 PM
    Hi,
    Visa Interview: Que on Permission to enter New Delhi Embassy for 2 yr 3 months old Son

    I am working in USA. I am planning to travel to India next month and require to apply for USA Visa interview.

    I have 2 years and 3 months old younger Son who is born in USA and is a American Citizen holding American Passport.

    Could you please shar exp. if he will be allowed to be with us during our Visa Interview in New Delhi Embassy. if Yes. pls let me know if there is any requirement for his entry inside the New Delhi Embassy.

    Appreciate your reply in this regard.

    thx
    Amolraj

    They will allow you to carry your kids for the visa appointment. In fact you will get preferential treatment in the sense that you get a higher priority token fort he actual appointment and the VO maybe more sympathetic to your case. Iam quoting this from my own experience in late 2009 having my daughter who was 1 year and 3 months actually helped our cause we were out of the embassy in 30 minutes while there were people who waited for hours.



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