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  • voldemar
    06-25 09:22 AM
    Can someone explain how the lawyer files I-485(Does she e-file? or mail it to USCIS?) and how we know about it? How long does it take to know you have filed it? and how do we know about it?Lawyer mail the package to USCIS. Good lawyer tell their client tracking number and then send email with case numbers and copies of receipt notices.

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  • shalabhgandhi
    07-23 08:48 PM
    Its the one on the extension form...well my lawyer told me and thats what I filled.

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    10-15 06:30 PM
    Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.

    If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.

    There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.

    Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.

    For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.

    More... (

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  • kothari_rupesh
    07-07 10:59 AM
    ^^^^^BUMP^^^^^ Please Anybody, time line with recent AP Approvals at NSC ?
    Edit/Delete Message


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  • pcs
    06-14 03:51 PM
    Please share info


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  • pointlesswait
    02-08 01:51 PM
    does anyone know of any good chicago based immigration lawyer?
    References are welcome!!!!


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    04-16 11:50 PM
    I am on H1B working as a consultant for a Client company.
    My Project is ending this month. I filed my 485, EAD on March 2009 on EB2 Row and PD 2008 Jan through my parent Company.
    140 approved long time back.
    485 is < 180 days. EAD not yet approved.

    I fear potential layoff in case not found a project fast.

    Can I know my options. ?
    Please reply...any experts..

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  • FredG
    May 20th, 2004, 06:20 PM
    agree with the intrigue. might be more readily apparent if more of the foreground were included. but maybe the mystery is part of it. it held my attention til i figured it out too.


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  • jerrygreat
    11-25 09:09 PM
    Hello, All buddies:

    My case is a little special:
    After my wife (H-1B) filed I-140/I-485, I got EAD in Dec 2006, and I (H4)started to work by using EAD from Jan 2, 2007. On May 10, 2007, we received I-140/I485 denial letter. we filed a reopen and reconsideration for I-140 denial. I was still using that EAD for work (it is vaild from Dec 2006-Dec 2007) during that time. In November 27. 2007, I changed my visa from H4=>H1.(I was not being asked by USCIS to go aborad for re-stamping H1, anyway it is approved). The USCIS denied our Reopen and Reconsideration for I-140 again later in March 2008.

    Now the comany sponsor me to apply for EB2 green card.

    Usaually, when using EAD, your status is AOS, and when I-140/I485 denied,
    you lose your status. In my case, from May 10-Nov 27, I maybe already lose
    my status. however, H4=>H1 is OK without any problem.

    My question
    I worried that in the future, in the stage of waiting for I-485 approval, does USCIS can find out that I have the above problem between May 10-Nov 27, (it is over 180 days)?!
    --However, during that period, I have a I-140 reopen and reconsideration case pending?--does this mean legally staying in US? (even it denied again later)
    If this is a problem, do I had better go home country/re-entry US once to clean these mess?
    However, I am over 180 days, is that possible that I can not come back?

    Thank you very much in advance.


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  • vaishu.naidu
    04-05 08:41 PM
    I entered US on H1 and the officer stamped the I-94 expiry date to the expiry date of the passport. I applied for a new passport but forgot about the I-94 expiry date. Does it mean that my H1B is expired and not valid? Can I re-enter US on the same H1B visa. Or, my H1B is no longer valid and I have to use AP?

    Please let me know.


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  • Pasquale
    04-01 04:50 PM
    can I be batman?

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  • milindss
    11-13 03:54 PM
    I am also waiting on the dates to open in December. The dates are not available on the internet as yet. I think they open the dates for 1 week every week .. so you can only book a month in advance.



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  • waitin_toolong
    10-14 03:53 PM
    there were some cases that were 'approved' in June/July but the approvals are being mailed now.

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  • webm
    01-13 12:57 PM
    It could be -- case transferred to your Local USCIS field office area jurisdiction.


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  • anantc
    08-26 04:47 PM
    Here is the sequences of Events(BE + MBA computer systems)+5 yrs experience when filed labor:
    Labor Filed Date: Oct 3rd 2003
    Labor Approved Date: Sept 15th 2006

    EB2 140 Applied: Oct 30th 2006
    485 Filed (self & wife): July 2nd 2007, Receipt Date: Sept 9th 2007.
    485 Finger Print for both(biometrics): Oct 4th 2007

    EB2 140 Query (RFE): Dec 5th 2007
    "The labor certification accompanying this petition specifies that a bachelor's degree and 2 yrs of experience is an acceptable combination
    for the position offered. Therefore, the job offer portion of the labor certification does not demonstrate that the job requires a professional holding an advanced degree or the equivalent.
    Consiquently, in accordance with the regulation cited above, the petition cannot be approved.(Title 8, Code of Federal Regualtions part 103.2(b)(8)."

    In between these dates, my H1 renewal (for 8th year) that was pending since sept 2007 was put in Premium.
    EB3 140 Applied: Jan 10th 2008
    In between this dates... EAD & Advance Parole (I-131) for my wife was applied and approved.
    EB3 140 Approved: Mar 17th 2009. But the priority date was diff on the approval notice(Aug 2004) which has given to Labor department Chicago for rectification.

    Should I go for another labor with new designation EB2 which I can port to above priority date or wait till EB3 becomes Oct 2003/Aug 2004 based on my current EB3 approval I-140?
    Also will the existing I-485 pending is fine or should I file new one for EB3?

    Thanks in Advance.

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  • sshekar
    08-19 08:22 AM
    As far as I know, the 5 year wait period was until a couple years ago when the family based GC was backlogged. I got married in 2004 and had to wait until 2008 to file for GC, when my husband got his citizenship. At that time, our attorney advised this as the best course, since the priority dates were about 5 years out.
    Filing for spouse falls under 2A of the family sponsored GC and currently the priority date for 2A India is 01 Jan 2010. In my estimation, you should get a GC within 12-18 mths.
    But then again, I am not an attorney - so please consult one to validate this information.
    Hope this helps.


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    07-09 10:40 PM
    It will be subjective of the examining officer...he could choose to deny the 140, issue an RFE or may even just ignore it...

    I understand is a grey area but i was wondering if anybody here had some issues like that. Hopefuly, whatever he does is not going to be denying it...

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  • Can2004
    08-04 08:50 PM
    Thank you

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  • vivek_k
    02-12 10:34 PM
    My case was filed in EB-3 category (August 2003). I completed a doctorate in 2007. I am thinking of filing in EB-1 and EB-2. Can anyone help me with links for preparing these applications and some dos and donts? Also is there any way to recapture my earlier PD (Aug 2003) for the current filing? Thanks for your help.

    09-27 05:02 PM
    is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
    Has any1 wth the same situation has gone and come back without any issues?
    Gurus ur input s greatly appreciated.

    Whats your PD? If you are on H1, have a stamping and already have the 485 receipt, the only possible issue with travel is if your 485 gets approved when you are abroad. People have still managed to enter on H1 as PoE officer apparently does not realize about your 485 approval.

    If its a recent PD, then no issues, you can travel (Actually my lawyer told me I can travel even without getting the 485 receipt, but thats apparently a bit of a grey area)

    Robert Kumar
    12-04 10:30 AM

    1.Did anybody have recently got H1B stamping done in Hyderabad consultate.
    2. Any issues with getting appointment dates.
    3. I have all the documentation in place including pay stubs in the last 8 years.
    4. Is it preferable to get stamping done in Canada than in Hyderabad,
    5. How many days does it take to get the passport back.

    Please share me your experiences,

    Thank you,