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  • murkal4
    08-25 03:29 PM
    got similar RFE
    for application original signature
    identity documents

    i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
    and sent it.

    they received my response but havent updated my case yet...waiting for it..

    please let me know anyone else has similar issues and what was the result..

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  • kishdam
    10-25 04:48 PM
    Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).

    With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.

    (i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)

    485 receipt number
    Alien Registration number from I140 approval (if its already done)
    Employment letter from the new employer with title/function same/similar to labor application
    Job functions from approved labor/I140 to get the above

    (ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)

    A copy of I140 approval
    A copy of labor certification

    (iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)


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  • Legal_In_A_Limbo
    01-14 05:55 PM
    What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.

    The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.


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  • for_gc
    08-14 08:02 PM
    Well, there are exceptions to almost every rule. The fact that there are exceptions does not mean that the rule is not right.

    The rule still pretty much seems to be that the processing is done in the order of ND and not RD.

    Lets do not confuse ourselves.


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  • RollingStone12
    04-25 02:06 PM
    yes america has its own problems called OBESITY and its OWN CITIZENS who kill each other every day and iys OWN citizens who commit crimes all the time;

    A HOLE

    Then why you live here...pack your bags you Big A Hole.

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  • glus
    08-10 09:49 AM
    I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.

    There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.

    Is it a given that USCIS will find this issue?

    I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
    I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.

    I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
    Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.

    Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??

    Greatly Appreciate any reply.


    245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.


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  • abhi2001
    02-24 01:06 PM

    I am on L1A managerial category currently in USA for my 5th year with company A. I know if company A files my GC I can apply under EB1 category.

    But, if a future employer B files my GC can they file it under EB1? Additional info - The future employer is a big MNC and has offices in USA. I am a graduate in engineering with about 10 years of experience. The future employer B is not linked in any way to A.

    If B cannot file under EB1 what category can they file my GC in? And when would I be able to start working for B?

    Thanks in advance.

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  • yabadaba
    05-22 08:24 AM
    Its time that "part time" members who dont care about the immigration voice on a daily basis at least make an effort to read the front page.

    "Immigration Voice has hired Patton Boggs, a top public affairs firm, to help us reach our goals. Patton Boggs brings a bipartisan, multi-disciplinary approach to helping clients tackle public affairs challenges. The firm’s government relations and communications professionals have a strong understanding of the White House, the U.S. Congress, Senate, Federal agencies, advocacy groups and the media. The firm and its members are consistently recognized as among Washington's most influential and effective by various publications. "


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  • asdqwe2k
    07-04 04:40 PM
    Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.

    A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.

    Who knows how many more irregularities happened there during last two weeks.

    There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..

    For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..

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  • devan
    11-17 11:15 AM
    sudiptasarkar, they gave one month time to respond the RFE. Also, i got the format from my attorney and i believe you could get the affidavit sample in the .


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  • lj_rr
    07-28 07:05 PM
    I efiled in 2nd week of July and got approved in 8 calendar days.Already got the notices by mail.

    We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
    Thanks in advance


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  • swethanjit
    07-24 11:18 PM
    Thank you for the clarification!

    Also, is it possible to cancel / withdraw my H1-B with company X, so that I can continue to work with my OPT with company Y. (Checking this option as I am not sure if company Y will be willing to sponsor for my H1-B).



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  • mittal_a
    06-26 09:59 AM
    I recently applied for EAD renewal and after three weeks of that I saw LUD changed on my 485 apllication for consequetive two days. Any Idea why ?

    By the way my case is ACT 21 ( 485 filed on 2007 july) and my priority day is not even close to be current.

    Any suggestions will be appreciated ?


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  • greenguru
    04-15 11:57 PM
    Is Advance Degree MS ? or BS ?


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  • punjabi77
    08-10 01:17 AM
    Hi Everyone,

    Dont know if anyone thought about this or not.
    I know so many people have switched their previous employer who actually filed for GC.
    The employer also had the GC cost deducted from the employees salary.
    Now my situation is the same.
    I no longer work for the previous employer and my offer letter does say that employer will cover the cost of GC.
    but what actually happened is something that happened with so many people.
    Now since i dont work for that employer is it appropriate to ask the employer to reimburse me the GC cost as it was mentioned in the offer letter that employer will pay for the GC processing?
    BTW.. my 485 is filed and i do have my EAD
    let me know if someone has more information about it.

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  • add78
    03-12 10:48 AM
    Sandeep is a batch mate.. Yeaaa Sandeep !!

    I personally know Sandeep from his BE/Work days.
    Good job.. Yeah!


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  • nogc_noproblem
    04-09 05:25 PM
    Please check this link

    Check the update provided by "abuddyz".

    Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now.
    Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin

    I still don't have an answer to my original question, anybody ?

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  • karanp25
    06-13 10:10 PM
    Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?

    There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?

    By the way I m Eb2 2006.

    Were you qualified to file EB2 on the date your EB3 LC was filed? This is preposterous and i agree with earlier postings that EB3---> EB2 conversion should not be allowed. If you want eB2--then you should get a later priority date when u indeed became eligible for EB2.

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  • pa_arora
    03-11 12:27 PM
    I am sorry if this is a re-post.

    They're Taking Their Brains and Going Home

    By Vivek Wadhwa
    Sunday, March 8, 2009; Page B02

    Seven years ago, Sandeep Nijsure left his home in Mumbai to study computer science at the University of North Texas. Master's degree in hand, he went to work for Microsoft. He valued his education and enjoyed the job, but he worried about his aging parents. He missed watching cricket, celebrating Hindu festivals and following the twists of Indian politics. His wife was homesick, too, and her visa didn't allow her to work.

    Not long ago, Sandeep would have faced a tough choice: either go home and give up opportunities for wealth and U.S. citizenship, or stay and bide his time until his application for a green card goes through. But last year, Sandeep returned to India and landed a software development position with in Hyderabad. He and his wife live a few blocks from their families in a spacious, air-conditioned house. No longer at the mercy of the American employer sponsoring his visa, Sandeep can more easily determine the course of his career. "We are very happy with our move," he told me in an e-mail.

    The United States has always been the country to which the world's best and brightest -- people like Sandeep -- have flocked in pursuit of education and to seek their fortunes. Over the past four decades, India and China suffered a major "brain drain" as tens of thousands of talented people made their way here, dreaming the American dream.

    But burgeoning new economies abroad and flagging prospects in the United States have changed everything. And as opportunities pull immigrants home, the lumbering U.S. immigration bureaucracy helps push them away.

    When I started teaching at Duke University in 2005, almost all the international students graduating from our Master of Engineering Management program said that they planned to stay in the United States for at least a few years. In the class of 2009, most of our 80 international students are buying one-way tickets home. It's the same at Harvard. Senior economics major Meijie Tang, from China, isn't even bothering to look for a job in the United States. After hearing from other students that it's "impossible" to get an H-1B visa -- the kind given to highly-skilled workers in fields such as engineering and science -- she teamed up with a classmate to start a technology company in Shanghai. Investors in China offered to put up millions even before 23-year-old Meijie and her 21-year-old colleague completed their business plan.

    When smart young foreigners leave these shores, they take with them the seeds of tomorrow's innovation. Almost 25 percent of all international patent applications filed from the United States in 2006 named foreign nationals as inventors. Immigrants founded a quarter of all U.S. engineering and technology companies started between 1995 and 2005, including half of those in Silicon Valley. In 2005 alone, immigrants' businesses generated $52 billion in sales and employed 450,000 workers.

    Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered.

    Like many Indians, Girija Subramaniam is fed up. After earning a master's in electrical engineering from the University of Virginia in 1998, she joined Texas Instruments as a test engineer. She wanted to stay in the United States, applied for permanent residency in 2002 and has been trapped in immigration limbo ever since. If she so much as accepts a promotion or, heaven forbid, starts her own company, she will lose her place in line. Frustrated, she has applied for fast-track Canadian permanent residency and expects to move north of the border by the end of the year.

    For the Kaufmann Foundation, I recently surveyed 1,200 Indians and Chinese who worked or studied in the United States and then returned home. Most were in their 30s, and 80 percent held master's degrees or doctorates in management, technology or science -- precisely the kind of people who could make the greatest contribution to the U.S. economy. A sizable number said that they had advanced significantly in their careers since leaving the United States. They were more optimistic about opportunities for entrepreneurship, and more than half planned to start their own businesses, if they had not done so already. Only a quarter said that they were likely to return to the United States.

    Why does all this matter? Because just as the United States has relied on foreigners to underwrite its deficit, it has also depended on smart immigrants to staff its laboratories, engineering design studios and tech firms. An analysis of the 2000 Census showed that although immigrants accounted for only 12 percent of the U.S. workforce, they made up 47 percent of all scientists and engineers with doctorates. What's more, 67 percent of all those who entered the fields of science and engineering between 1995 and 2006 were immigrants. What will happen to America's competitive edge when these people go home?

    Immigrants who leave the United States will launch companies, file patents and fill the intellectual coffers of other countries. Their talents will benefit nations such as India, China and Canada, not the United States. America's loss will be the world's gain.

    Vivek Wadhwa is a senior research associate at Harvard Law School and executive in residence at Duke University.

    05-04 12:21 PM
    :) when you are in India, you are NOT on H1B status.
    So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
    The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.

    So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.

    But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.

    My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
    My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.

    I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?

    Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?

    Any inputs will be extrremely welcomed.

    04-08 11:40 AM
    It looks my ex-employer us not going to take any action as they are getting some business from the client. Thank you very much for helping me.


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