Wednesday, August 17, 2011

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  • rajuram
    01-27 08:40 PM
    Hey guys, I received this notice in the mail from USCIS asking me to appear for "Initial" interview for further processing of my I485. Can someone please throw some light on what that might involve?

    My PD is 09/04, June 07 Filer and had an RFE back in Septmeber.

    Please reply.

    Are you from Rest of the world or India/china?





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  • gouridighade
    04-29 08:49 AM
    Thanks a lot, gc_check. will u suggest to book the tickets?





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  • PD_Dec2002
    08-23 02:56 PM
    I guess 485 getting current does not help much without getting i-140 approved.

    It certainly helps some so their spouses can work on an EAD. And it definitely helps everyone if one needs to invoke AC21. But yes, a I-485 is not going to get approved if I-140 is pending.

    Thanks,
    Jayant





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  • valuablehurdle
    06-19 11:24 AM
    A quick question:
    I just have the FRONT side copy of the EAD stored.
    Why do we need the BACK side of the copy?

    Responses will be appreciated.



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  • perm2gc
    11-09 04:33 PM
    Your Approval Notice is sent to the attorny not to you.If the current one you have is original one from attorney then your wife has to out of country immediately and enter with I94 ...Please note I94 is the one that determines you status in this country...





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  • belmontboy
    12-16 07:12 PM
    Hello Friends,

    I am travelling to INDIA on Jan 28, 2009.

    I am booking Lufthansa Airlines, travelling via Munich to Delhi.

    Visa on passport is expired but I do have approval of H1B till 2010.

    Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.

    Thanks in advance.

    TWOV (Transit Without Visa):
    Visa required, except for Those transiting to a third country
    by the same or first connecting flight without leaving the
    transit lounge. Warning: Transit only possible at Frankfurt,
    Munich, Hamburg and Dusseldorf Airports, see conditions below.

    - Nationals of India may use the TWOV facility mentioned
    above if holding a residence permit for U.S.A.. (SEE NOTE
    5151)
    NOTE 5151: This TWOV facility also applies for the return
    travel provided it is one journey and return travel has
    been commenced on or prior to the expiry date of the visa
    or residence permit.
    - Nationals of India may use the TWOV facility mentioned
    above if being admitted for residence in the U.S.A.,
    holding Authorization for Parole of an Alien into the
    United States together with a national passport endorsed
    with I-551 stamp AND:
    - travelling to/from the U.S.A.; or
    - travelling to country of nationality. (SEE NOTE 5151)
    NOTE 5151: This TWOV facility also applies for the return
    travel provided it is one journey and return travel has
    been commenced on or prior to the expiry date of the visa
    or residence permit.
    - Conditions: TWOV available, provided passenger:
    - is properly ticketed with a confirmed reservation for the
    connecting flight; and
    - within 24 hours, through Frankfurt, Munich; OR
    - on the same day between 04:30 and 23:30 through Hamburg;
    OR
    - on the same day between 06:00 and 21:00 through
    Dusseldorf, (inbound carrier must provide prior notice to
    authorities by fax: +49 211 421 37100 or SITA Telex
    DUSOVXH).
    And:
    - is arriving and departing from/to non-Schengen country;
    and
    - holds all travel documents required for entry into
    country of destination.
    Additional Information:
    - Visitors must hold visible means of support, onward/return
    tickets and/or other documents required for next
    destination.



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  • Munshi75
    09-12 10:19 AM
    We went through the similar situation few weeks back. My wife's employer took her out of payroll for sometime as she could not get her EAD approved on time. But we had to convince the manger that the delay was infact the result of USCIS processing our application late and they checked our EAD application receipt notice to make sure that we applied beyond the 90 day mark . This would help immediate managers to make a decision infavour of us when in talks with higher-up's.


    Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.


    Thanks





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  • stxvr
    07-09 04:37 AM
    During the stage of 485 in how much details they look your your current status. In what all things they look except last 3-6 pay stubs and W2s.

    I have following questions:

    1. Dose any one has experience that they have asked for the details for the H1B LCA to verify the satus during the stage of 485(like your location specified in LCA). (-not talking about LC).

    2. Another good question. If your LCA filed with the petition was for the some location of California. Now if you relocated to NY. Now you worked in NY for a year and now your W-2 will have the sate as the NY. IF you submit this W-2 at the 485 stage then they can easily figure out that your LCA was for some city of california and you are paying tax in the NY. Means in such cases they can easily find out that you are out of status. Don't they look into such details?

    Asking this because I have not read a case like where they have traced back to the LCA level. Also many are doing the consultancy job means staying to one state for 1 year and another on second year. Eventhough not heard about any RFE on LCA to verify the current status.



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  • texanguy
    01-20 02:44 PM
    "recent forum posts" block truncates the subject matter. old site had all of them on one side, they were complete and it really looked good.
    otherwise, the site looks good.

    it is going to be a little hard to get used to this new look. afterall, the old site had a background color which was very unique. That stood it apart from other sites.

    oh well, the CHANGE has finally come to IV's site as well...I for one, am planning to embrace it :cool:





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  • umar
    06-12 05:35 PM
    Hi all,
    I recently changed my company and joined one of the big 5.I already have my labor and I-140 approved from the previous employer.My eb3 date has become current.My previous empolyer is willing to continue my I-485 from his company. If I go ahead and file from his company, will I be able to use AC21 after 180 days? eventhough I don't work for him at the time of filing my I-485.

    I'll really appreciate any thoughts n comments on ma situation



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  • linuxra
    09-28 08:20 PM
    waiting for reply from any of u guys...pls...





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  • rocky17105
    07-28 12:28 AM
    Not sure if i cant use the EAD. My lawyer said if USCIS hasnt revoked the EAD it is safe to use it. Currently though I am on H1B which is valid for one more month.

    It doesnt make sense to me that i have to pay for USCIS mistake. Would contacting senator/congressman will help?



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  • Blog Feeds
    05-05 06:50 AM
    As leaders in NAFTA visa processing we like to update our readers on different visa categories and updates. This article is provided by our TN Visa Lawyer, Attorney Andrew Desposito.

    For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.

    For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.

    So what does this mean for you?

    What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.

    With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.

    Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.

    With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.

    Preparing a perfect TN Application

    There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.

    The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.

    The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.


    When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.

    The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.

    Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.

    Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.

    As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.

    Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wihttp://www.h1b.biz/lawyer-attorney-1137117.htmlthout the wait through the USCIS process for other work visas.




    More... (http://www.visalawyerblog.com/2011/04/tn_visa_attorney_the_technical.html)





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  • Wish_Good
    05-02 01:53 AM
    Hi Attorney,Senior People, Gurus,

    Iam really need of advice. Please
    give me your valuable Suggestions/Advice.

    Thanks in Advance.
    Wish_Good



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  • CADude
    02-21 03:07 AM
    Got a letter from Sen B Boxer, CA. Standard letter.. with bla bla bla..
    zeast of letter.. Sen. is working hard to resolve the complex issue and requested me to keep patience.

    :) That i am doing anyway from last 7+ year..:D



    Yes it is positive --At-least senators are sticking to their timetable of CIR by March and April.

    I guess that is the reason IV is asking for stories by Wednesday noon, This hearing is also on the same day.





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  • josecuervo
    08-11 03:38 PM
    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.

    Congratulations on your GC



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  • chanduv23
    09-15 12:04 PM
    I would say:

    Merge all these threads into one - at least 3 or 4 people can take charge over the thread - the first few posts can be updates and tracking info and finalization of drafts and plans

    Please encourage ONLY members who are committed, they can be ones who have posted real profile and who have joined state chapters - usually state chapter members are verified members.

    It would be great if someone from IV core can also guide on such efforts





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  • camarasa
    08-01 08:07 PM
    It's Mrs Lofgren not Mr Zoe...





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  • SkilledWorker4GC
    08-10 07:32 PM
    Count me in.





    rajarao
    07-14 08:54 AM
    I travelled thru Frankfurt last december. No need of Transit visa, no hassels; though Air-hostess that hands out I-94 card did not know what AP meant. I boarded at Bangalore airport and Lufthansa staff at check-in were aware of AP. At immigration in chicago, the guy gave me a short lecture- AP should be used only for emergency purpose etc; I jsut nodded and he stamped the I-94 and AP doc





    gc_check
    05-01 10:19 PM
    Well, It is good that you believe there is even a slim chance that Dec '06 will become current !!! I do not think so at least this FY '11. Sorry for my pessimistic outlook !!! But that is the case.

    If your 485 is approved, while your Spouse on H4 is out of country, who has not yet filed 485 and do not have AP, will not be able to travel as the non-immigration visa is void once your become a LPR. You might have to do a Consular process or file following-to-join you which could take significant time. It is better, she return immediately on H4 once you know your date will be current for following month in Visa Bulletin as Dept. of state at least release this data couple weeks ahead, Else you might end freeing a visa number to some one on line after you in EB2 category or for an EB3 person upgrading to EB2 :)

    For immigration issues, my suggestion will always be to get counsel from an attorney then forum as each case is different.



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