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  • senthil1
    04-01 07:25 PM
    If extension is denied it is better to leave asap especially within 30 days. More the delay more problem while applying any visa in Consulate in future.

    Hi there, I'm new to the forum but really need legal advice.
    I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
    Also, I'm very sorry if somebody asked a similar question before...
    I'd appreciate any advice. Thank you so much!





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  • gc_peshwa
    04-14 02:14 PM
    Please contact ashwin_27/nmdial/snathan to add you to the I485 filing initiative. Thanks. If many more like you could join the battle...we'd be victorious by now....





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  • stirfries
    12-01 06:28 PM
    Hello,

    My case is unique. We applied for our AP(for both myself and my spouse) through our Attorney on October 21st and the online case status for our AP petitions changed to,
    "Document Production or Oath Ceremony" on November 16th.

    Our case notes also said,

    "On November 16, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283".

    It has been 12 Postal business days since the document was mailed out and our Attorney is yet to receive it.

    Today I called up USCIS customer service enquiring about my petition. I was told by the CSR that, the "Document Production" doesn't necessarily mean that the document was sent out. It merely means that the Petition was approved and they have moved on to the next step of "Producing" / "Printing" the actual document and once it is produced/printed, it would be mailed out. She also asked me to call them back, 30 days after November 16th, if I still didn't receive the documents.

    Whatever the CSR said, contradicts the case notes which clearly says, the Document was mailed out.

    Any advises on what I should do?

    I have an upcoming Travel by last week of December and I would really like to have my AP document on hand before I exit out of the the country.

    Any clues or advises would be highly appreciated.

    Thanks,





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  • nhfirefighter13
    June 4th, 2004, 01:36 PM
    Who'd have thought a photo of a bubble could be so neat? :)


    Those are cool (I like the very first one best) what shutter speed were those taken at?



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  • bkn96
    02-18 11:06 AM
    Did you work during this period?


    Yes, I worked during that time using EAD as I dont have H1b. My Lawyer said I can work as EAD was not revoked. I work for myself (self employment) through my own company.

    Again I didn't get refund of MTR money... that is good news if we get our $585 fee back..





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  • rockstart
    09-10 10:15 AM
    My advice you need to prepare a comprehensive package of documentation since your case is really messed up.

    1) Get a legal translation of your original BC from Hindi to English. You can enlist help of some one you know (not a direct family member) or proffesional translation agency to do this. If done by some individual get it notarized.

    2) Now prepare a letter highlighting the sections that are correct and sections that are incorrect (like name of child)

    3) Get 2 affidavits from your parents/ relatives which the corrected information (also add the other BC info required refer to IV wiki for details). Make sure that these affidavits contain enough details to explain why the name and other details changed.

    4) Get as much documentation as possible which can suppliment the new info. Example 10th / 12th certificates, School Leaving Certificates, PAN Card, Indian Drivers License, Nationality/ Domicile certificates, Caste Certificate, Election Card etc etc that can support the new name.



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  • perm2gc
    08-24 10:28 AM
    So just to be clear:
    What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.

    Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?

    TIAEveryone preserves their H1 for the worst cases that might be coming in future..
    You check the USCIS website and check yourself whether you can do it yourself or not.





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  • ksrk
    12-31 04:50 PM
    Our files assinged to Adjudicating officer on Nov 30th. (PD is current ) Nothing happend sofar.
    Is it time to worry ? I seen in this forum cases processed within two weeks after assinging. Any input will be appriciated.

    HAPPY NEW YEAR TO ALL :)

    Hey Chris,
    If your PD is current (for your EB category) then someone is looking at your case - as against it gathering dust on some shelf.

    Else, it may not mean anything...

    Good luck anyhow!



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  • eb3_nepa
    10-02 02:00 PM
    It should be pointed out that starving dog is a cdn, and thus he is not required to give up I-94 when visiting canada.

    Even if the flight staff hand you a new I-94, you are supposed to FILL IN the numbers from your previous I-94. That is why there are blanks spaces on the I-94.

    Well thats kinda hard to do right since you dont have ur I-94 anymore;)?





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  • rb_248
    03-31 08:54 PM
    What about you? your PD is current right? any chance that you will get it soon?

    Already got it....last September. Thanks for asking.



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  • krustycat
    03-09 07:33 PM
    if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.

    Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.

    My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.





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  • smidreb
    08-04 01:10 PM
    We need much more info to help out.

    1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
    ..............?[/QUOTE]
    --She is on H4

    2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
    ..............?[/QUOTE]
    --He had filed his 485 before she got married to him.



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  • GKBest
    10-24 04:45 PM
    It said in the online instructions to call them if you didn't receive the cards within 30 days.





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  • sidm
    03-29 08:59 PM
    Chanduv,

    I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.

    I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.

    Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!

    HP

    Duplicity of a few greedy souls surfaces again..... we are not cockroaches to be trampled over just because you are at a further stage in the GC line.......:mad:

    In this case, GO IV!!!! Huge positive step by IV to unite and help ALL LEGAL IMMIGRANTS AND IMMIGRANTS IN WAITING (students):)



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  • supers789
    07-23 03:01 PM
    got following from another iv thread..
    btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.

    Thanks!
    -------------------
    <i>July 21, 2008

    Fragomen and DOL Agree to Return to Normal Processing
    For Newly Filed PERM Cases


    EXECUTIVE SUMMARY

    The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.


    After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.

    While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.

    Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."

    If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.

    Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>





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  • kaisersose
    11-30 03:40 PM
    They will not approve a derivative case without approving the principal. USCIS does not follow FIFO, so though it is possible they picked up a 485 application from July, the second problem of having a PD available kicks in.

    So for this approval to be valid, some IO should have

    1. Picked up a July application for processing

    2. Ignored the PD requirement

    3. Approved the derivative without bothering to first approve the primary.

    Three mistakes together is impossible. It is just a data entry error.



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  • chanduv23
    05-08 10:24 AM
    There are situations when a h1b transfer or extension is granted but the approval notice does not have a i 94 atttachment that adjusts your extension to stay till the end of your petition date. In such a situation, the benificiary has to go to his home country for stamping and then come back.

    The best thing you can do in your case is to approach murthy's firm and get a paid consultation.





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  • xu1
    07-28 05:41 AM
    Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?


    Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

    Can someone please help?
    My EB3 perm took about less than 5 months from pre-app to approval, during which there was about 3 weeks of delay due to my own mistakes.

    Pre-app ad campaign for me took the lawyer about < one month for the job description, one month for posting, and two months for interviews and filtering and stuff, maybe another couple of weeks for final prep and filing. It was approved in less than 2 weeks of time.





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  • gc_mania_03
    10-01 11:14 AM
    Add me in..





    ppt.b
    05-16 09:36 AM
    Yes please include HR6039 as well in ur talk/discussion. It will definitely shorten the EB2 and EB1 queue.

    EB3 as well because I know many i-485 fillers who have MS degree in US but due to some reason theirr employers filled their LC in EB3 category. So it will benefit all EB categories.

    Lets try our best to make it a success!!!!:)





    glus
    05-31 10:37 AM
    Thank you once again for contributing guys. We will achieve our success very soon.

    :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D



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