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  • payur
    03-10 08:16 AM
    Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.


    Thank You gc_check!!





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  • morchu
    05-29 02:30 PM
    1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
    2. Usually you keep the same I94.
    3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.

    Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.

    Hi,
    1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

    2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

    3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

    Thanks.





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  • jsb
    07-17 04:22 PM
    How do you get Infopass appointment, and what purpose does it serve? I mean, is it really useful for a routine check on your status. Sorry, if I asked this in a wrong thread.





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  • kk_123
    09-29 11:23 AM
    --------------------------------------------------------
    How to add spouse to my green card

    --------------------------------------------------------------------------------

    I believe, USCIS website was updated on Sep 21st 2009.

    My Priority date is Jun 2006 and applied in EB3 category.
    I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
    I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".

    I am in a situation to beleive it or not? to celebrate it or not.... :-( .....

    And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?

    If I get GC, how to add my wife to GC? is it possible? what is her status right now?

    Thanks in advance... ---------------------------------------------------------------------------------------


    Hi,


    my brother has also seeing the same status message for his case.
    IF you got your card, Pls update it.It will help others too..



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  • prince_charming
    02-14 10:46 PM
    How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?

    Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?

    I have an d MTR in the works in TX service center and trying to find how long they are taking these days.

    My MTR got approved in 2 months from TSC.

    But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?





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  • rajuram
    01-14 08:34 PM
    AP is taking around 1.5 to 2 months at TSC. Mine took 7 to 8 weeks, filed nov 1, apprvd dec22.



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  • rajenk
    02-11 07:18 PM
    Thank you all. I am going to get an appointment with the doctor (CS) who is in my medical group. I will keep you all posted how this goes and about the odd file processing even though my PD is way far from the current PD date!





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  • americandesi
    05-19 09:19 AM
    According to murthy, several of these cases were tied to companies that are under fraud investigations

    MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)



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  • willgetgc2005
    12-14 01:16 PM
    Hi,

    I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?


    1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.


    2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?


    ______________________________





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  • saji007
    05-03 09:45 AM
    1. No need to apply extn with the new employer, when you file for H1-Transfer you get 3 year extenstion
    2. You need to apply for new PERM through new employer, as you do not have a pending i-485. In my case I have an EB2 Perm with proiority date of Feb 2008. New company filed for PERM in 2011 and is pending. Once they file for I-140, they will port the priority date from the old PERM. Attorney never told me any thing about job description or any issue as you can even port the priority date from EB3. So i think that does not apply. You will need your I-140 and PERM copies from the current employer while doing the transfer and porting the priority dates.



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  • bbenhill
    03-11 12:32 PM
    Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)

    her pregnancy is sometime around 6 months now and they will need insurance..

    Thx for your help :)





    * Coming as H4 --> So, assuming to join a H1 or equivalent.
    * Spouse must be covered by his employer.
    * As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
    * Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.

    Relax.





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  • beautifulMind
    10-05 10:32 PM
    My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....

    Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes



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  • sunny1000
    10-14 12:51 AM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    Does she or does she not have a green card in her hand?

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    Yes.

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Not true.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

    4. Are not all greencards created equal?

    Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

    Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.


    Read between the lines for answers.





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  • gccovet
    08-04 08:58 AM
    This is a small idea and let us see if it works.

    We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.

    I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.

    Suggestions are welcome.


    Done!!!



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  • GC109
    06-22 02:54 AM
    Labor process through PERM can take anywhere from 3 weeks to more than a year (after filing). Most time consuming part is (if you are just initaing the process with your employer) the pre-filing documentation.


    If you have a masters or better, and your current job does not REQUIRE a Masters degree, then you might want to ask HR to change/tweak your job profile. If thats an option and they are willing to do it, might take some time, but in the longer run, you will be better off under EB2 than EB3.


    You will need letters from all your previous employers, verifying the job discription


    Once that is in hand, your company will have to post your job in a newspaper/internal company website/job board and also in a visible place in your company premises for a month (X + 30 days)


    After that 30 day period, you wait for any responses for an addidtional 30 days (X+60 days)


    After that, your company/HR/Lawyer would need some time to put everything together before filing (X + 70 days)

    Bear in mind this is the best case scenario. I started the process in December mid...filed for Labor in 1st week of June.
    On your second point (dates being current), Iam very doubtfull that by the time Iam ready to file for 140/485, the dates will be current.

    And ofcourse, if this ain't too daunting, THE CIR might put a wrench in your best laid plans, There is a talk about May 15th being the deadline for this process, untill Oct-08 when the new point system comes into play...good luck

    Thanks for your response. You have got your Labor approved but don't you think that u can file I140 and 485 concurrently by end of July? Where do think that ur filing is going to get delayed?





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  • ganguteli
    02-03 02:55 PM
    Abbe fairyangel ,

    Who the hell are you to tell to leave and all..Remeber one or the other day we have to go thru bad time. Nothing is secured in this country...For a matter of fact you may as well loose your job, andif you dont get a job in the next 180 days will you leave ?..And the answer is NO.

    Stop blady shit...and concentrate on yor work....mental Ididiot

    Niceguy

    Even if you try to wrte incorrect english and spellings to make it look like some Indians who are not that good with the language, you will still be caught. :D



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  • nvmurali
    06-02 04:39 PM
    You new employer can file for H-1B change of status for (upto) 3 years since you have I-140 approved and your PD is not current. The fact, that I-140 was applied by current (or ex) employer, does not matter.

    Hope it helps.


    _________________
    Not a legal advice.

    Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)





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  • ksiddaba
    01-30 10:04 AM
    Hello:

    From Dallas Metroplex (Richardson) TX. Count me in.

    Thanks
    Kalyan.

    PS: Already contributing $20/month.





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  • smartboy75
    09-29 03:43 PM
    I wish...:)

    But on a serious note, I think It could be this. My wife is currently on an h4 visa and has applied for her I-485, I-765 and I-131 with me.

    She had an EAD when she was on L2, when I was on L1 before switching to H1.

    When we applied for her I-765, lawyer suggested we select Renewal of EAD option for my wife bcoz she already has an EAD and there is no need for a new EAD now.

    May be that is why they may be waiving the fee ?? I don't know....my guess





    godspeed
    01-15 09:16 AM
    You have done all the right things, sit tight, all izz well.
    It would be helpful to others if you can blog the cover letter and the AP explanation letter.

    Great, so I see so many fast cases here.
    I had all my docs well organized, also put tabs corresponding to the list numers on cover letter for quick access. I also included self addressed prepaid priority envelope.





    p_kumar
    12-20 02:08 PM
    Hi.
    I have a question on whether Advance Parole is required for my wife to come back to the US.
    She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?

    (Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).

    UPDATE: she has a valid H4 Visa stamping on passport till Jan 10

    Please advice

    Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D