Tuesday, June 14, 2011

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  • Canadianindian
    07-09 12:07 PM
    I agree 200% with you...


    We shld treat this an exception. Let us not be like Americans.




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  • amitjoey
    11-21 04:54 PM
    Similar Question:
    I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.




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  • jthomas
    12-04 08:41 PM
    If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.

    the third rule on the first thread.




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  • bb8185
    06-05 05:23 PM
    [QUOTE=martinvisalaw;345850]A person with a 485 pending is allowed to remain in the US. There is no name for this "status", but it is lawful to stay in the US, and to work using an EAD.

    Thankyou

    Is this still true if the person did not have a new job, would they still be legal (assuming that they could fund themselves. I am trying to get to the answer of what if someone is laid off and does not have another job while their 485 is pending.

    Thanks again



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  • smartboy75
    12-04 06:41 PM
    Hi Folks

    As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.

    Following are the guidelines for maintaining Permanent residency on the USCIS website:

    Maintaining Permanent Residence
    Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

    You may be found to have abandoned your permanent resident status if you:



    Move to another country intending to live there permanently.
    Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    Fail to file income tax returns while living outside of the US for any period.
    Declare yourself a �nonimmigrant� on your tax returns.


    Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
    The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??

    Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??

    PS: Please no educated guesses ...

    Appreciate your help.




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  • abhi_jais
    12-09 12:03 PM
    abhi_jais:

    Delhi embassy called me for re interview on Nov 10th and issued me the visa.

    Best of luck to you.

    Thanks man, Actually my wife is stuck there because of this stupid 221G green slip. She went for H1-B stamping. VO has requested for some company papers like details of every employee in the company (Immigration and Wage) etc. Anyways, where did you track the status of your case? Please post the link if you can.

    --Abhishek Jaiswal



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  • WeShallOvercome
    07-23 04:51 PM
    well if u dont have receipt hance no EAD/AP, you are at their mercy forever.


    not forever !!!!!!

    What if I change employer after 180 days and sign a new G-28 either removing that lawyer or signing for a new lawyer?

    If they could keep us at their mercy FOREVER, what is AC21 for ?




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  • webm
    05-28 10:43 PM
    Hi everybody,

    please help - the lawyer filed the original EAD/AP applications.

    Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
    if I am filing paper EAD/AP forms???

    Thanks....

    Yes file the G-28 forms as well..thats what i did too..



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  • tampacoolie
    06-30 05:30 PM
    :eek: right on the money. You hit the selfish lawyers head with nail here. There is no way that USCIS can reject your case. job well done.




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  • casinoroyale
    09-05 10:11 PM
    Yeah, call customer service and ask them to send new copies with correct picture.

    Now the funny part is, who is going to get your picture on their AP. :D



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  • Jerrome
    05-21 01:48 PM
    Dude you are asking for advise on your own RFE but advising others on their RFEs. I dont get it.

    I know answer for his RFE and i don't know answer for my RFE? Is that a problem?




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  • sku
    09-11 03:52 PM
    I opened SR on 8th Sept, But no LUD's yet



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  • gcnirvana
    06-15 12:43 AM
    Gurus,
    My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?

    As always, appreciate all your help :)




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  • GCard_Dream
    01-13 01:13 AM
    This is precisely the reason I hate to see any 485 related thread. Every single time someone starts a 485 thread, fight breaks out and original intent of the thread is always lost and what's left is just bitter feelings and animosity among members yet members continue to start new threads.

    This is a very sensitive issue which brings out a lot emotion and has been discussed to death so please guys.. let's move on to something productive. I think it will be good for everyone if we just let core team decide what's best as far as 485 provision goes.


    You know bro, I know my share of swear words, and definitely know how to pick a fight. But this is NOT the time.

    I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).

    I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.

    Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"



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  • conchshell
    07-30 01:29 PM
    I got a reply from our corporate attorney that "We did file both of your applications together. However, each application is adjudicated separately. We anticipate her approval shortly."




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  • doubleyou
    05-20 09:36 AM
    I agree that recapture is a big issue, but background check is also another issue that affects many IV members.
    It just does not matter if wheter one is a paying member or non paying member, i am sure that there are paying members who are also having same issue.
    As a start IV should get a count of members who are in the background check doloop.



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  • krishnam70
    07-08 02:37 PM
    Please visit www.helpvinay.org to get furthur details.
    Initially you need to go to a drive and register. You have to fill a form and give a simple swab test (Give saliva sample) . Takes 5 minutes.
    Then you will get added to a national registry.
    Alternately you can also register online if you not in a metropolitan area. We are having lot of drives right now in New York,New jersey,DC areas.
    All details on www.helpvinay.org

    If you have any more questions, I can answer

    I just got this info from here and I will be going in to the drive today in my city..I have called up all my friends and informed them about it and they will be going in too. hopefully somebody will match.




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  • inthehole
    07-30 03:34 PM
    In my case, I filed in Nebraska on June 16 along with my wife's application. My application is still pending but my wife's got her EAD.




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  • Refugee_New
    03-24 02:30 PM
    Now everything is queued..... no more cutting lines.

    Thanks for the news vinabath. You know what?

    Indian cricket team won the world cup last night. They beat West Indies.

    Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.




    $eeGrEeN
    03-31 01:30 PM
    Here are some possible, quick steps that you can take. Get your own report, this might be useful , http://www.intelius.com/background-verification.html .

    Call the county Police Department back from Idaho where they say you have a criminal record from , ask for a Finger Print check on your name or by your Idaho License , if you still have it. [ the reason for this is , if you ever have been charged of any crime, they first finger print you to check your records].

    If you do not have any records ,the Police Station will be glad to fax over a letter stating the same. That should seal the deal of you being innocent.

    Good Luck .... and don't worry much , these false flags do happen and yes they are a pain in the neck ....


    Hello frnds,

    Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.

    Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.

    Please let me know if any one was in this situation and got out of it successfully.

    Thanks,
    Hydubadi.:confused:




    yabadaba
    06-22 11:32 AM
    new memo from uscis
    http://www.uscis.gov/files/pressrele...ling062107.pdf

    Oh law quote:

    "During the lead period from 06/21/2007 to 07/29/2007, people can make a direct filing or in old ways. Accordingly, the July 2007 EB I-140 and I-485 filers using the July Visa Bulletin can make direct filing to eather Texas Service Center or Nebraska Service Center depending on where their place of intended employment is located."

    Bulletin quote:

    "USCIS will accept Forms I-129F, I-131, I-140, I-360, I-485, I-765 and I-907 filed with the new “Direct Filing” location in advance of the July 30, 2007 effective date, that are otherwise properly filed."



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