суббота, 25 июня 2011 г.

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  • gc_75
    07-17 04:45 PM
    Here is the link:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html

    Please refer to following para about July bulletin:

    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.




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  • peekay
    06-29 03:03 PM
    Hi,
    I dont have a direct answer to your question but I do know that insurance has to be taken within the 30 days of your wife's arrival in US. I had the same situation where I applied for insurance on 32nd day and got a reply from the insurance company that I have to apply within 30 days. I finally was able to convince them and take the insurance. Try your luck by talking to some insurance company like BCBS or Humana. They should be able to provide more info. I cant be of more help than this.

    Peekay




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  • supender
    03-23 01:58 PM
    Legally you are only barred if you are unlawfully present over 180 days.And unlawful presence and out of status are two different things. If your visa has not expired and just your I-94 had a lapse period, you have'nt accumulated a single day of unlawful presence. However you have been out of status for around 10 months. I was in same situation as yours once and my first lawyer was clueless about difference between unlawful presence and out of status. Luckily I got advice from another lawyer who cleared things up for me. I went to India got my H1B visa stamped and came with no problem.

    You should seek a good a lawyer, who know what he/she is talking about.




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  • mali03
    05-25 08:04 AM
    called LINDSAY GRAHAM'S office!



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  • frostrated
    06-25 12:56 PM
    you need to be physically present in the country when you apply for your AP. you can either have the uscis send it to your address in india, a consular post in india or your address here in the US. i would suggest you have it sent to your address here in the US and then have one of your friends send it by fedex to india. dont use regular post as it might get misplaed or lost, which means you are stuck.
    if you are planning to return before your current AP expires, then you dont need a new AP. might as well wait until later this year when they are planning to bring out a new EAD card that also has AP approval in it.




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  • chanduv23
    07-25 12:13 PM
    Gurus, tell me one thing.

    After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?

    It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try



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  • andy garcia
    07-30 02:26 PM
    Even FP notice? I think it comes directly to you..

    You are correct, they get a copy.




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  • like_watching_paint_dry
    02-27 07:43 AM
    Congrats!! And 6 months more of working for a bad employer is a small price to pay in the big picture. And there are lots of creative ways to kill 180 days. Cut your productivity and actively engage in finding a good job... take paternity vacations etc.



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  • ndbhatt
    12-03 06:27 PM
    Visa recapture should be projected as corrective action of wasting approved quota of visa which would otherwise have been utilize, if not for agencies inefficiency. So it is fixative action of already approved visas that went un-utilized.
    Dream Act needs fresh and prolonged discussions to understand the impact of it on USC in present economic conditions.




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  • maddipati1
    08-31 10:54 AM
    Even after they stopped issuing Interim EADs at Filed Offices, one can always 'request' for interim EAD at field office by taking an appointment thry InfoPass. FO then would talk to service centers about the case.
    This is never changed. It is clearly stated in Form I-765 and in the original inter-office communication cancelling the production of interim EAD at FOs.
    Whats new in Ombudsman tele-conference is that u can request interim EAD at a field office just after 75 days intead of 90 days as in earlier policy.



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  • stemcell
    03-07 06:38 PM
    Can you give more detalis?
    are you filing NIW as a physician?




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  • zCool
    04-16 11:37 PM
    check expiry date on your passport. Visa date can not extend beyond Passport expiry date.



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  • saketkapur
    02-07 10:53 AM
    link??




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  • Appu
    07-09 02:38 PM
    Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.

    Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?

    1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.

    2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal

    Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).



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  • gcphul
    12-14 09:37 AM
    Munnabhai,

    I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.




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  • Ann Ruben
    06-25 06:33 PM
    The link below describes where and how to apply for humanitarian parole.


    USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)



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  • svr_76
    01-09 03:32 PM
    Use of such words is treated as a racial slur :-)
    [Ref: Ongoing Cricket series between Australia and India]




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  • balan2008
    07-08 01:19 PM
    Thanks guys for your valuable support and advice.

    balan.




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  • gbof
    11-20 09:01 PM
    Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.

    Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.




    mrajatish
    05-25 11:08 PM
    My personal thanks to QG&A - but the battle is still not over, this is just the beginning. We need QG&A more than ever.




    a_yaja
    10-05 11:07 PM
    yep .. that was my thinking.
    Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

    So am looking for documentation on what the exact rules are related to an EAD.
    Any weblinks on this?

    I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.

    EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.

    What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.



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