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  • pbojja
    08-04 04:18 PM
    [QUOTE=aamchimumbai;266413]All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!


    What makes you think I-140/485 July filers are lucky ? Our cases are straight forward and we are able to file in July 07 .

    I m sorry to be little rude but you can just post a question with out mentioning how lucky others are or not .





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  • pandu_hawaldar
    10-05 12:47 PM
    I applied for AP for primary and secondary applicants on 09/17 at TSC (RD 09/24). Online update showed that AP for Primary applicant has been approved, but the secondary still shows under review. Today I received approved AP for the Primary applicant in mail, but nothing for secondary applicant yet. Why TSC is not approving both the APs at the same time? Last time, I got the both at the same time. Any idea or guidance please.....





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  • niceguy
    02-22 06:22 PM
    For me they accepted interfiling and it introduced another problem. I had 140/485 filed with sub LC and before they looked at this concurrent file, another I140 with my original LC approved. Both are in EB2. We asked uscis to use my second approved I140 in place of pending I140 (lc sub). After 6 months, they looked at my concurrent file, sent rfe and denied my first I140 as they didn't agree my BITS-pilani MS is equal to US masters.

    Then they looked at our request on interfiling that was sent 6 months before, then sent an intent to revoke on my approved I140 too with the same reason. Our attorney replied this time equating my AMIETE to US bachelors since they any way denied with Masters. We are still waiting after 2 months+.

    The moral is, they accept the interfiling, but it takes time for them to put it in your file - some one said 2-3 months. You don't receive any ack on successful interfiling though.

    Hope this helps.





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  • coolman
    06-22 04:11 PM
    Which is the best place(Kinkos,Sears,Ritz) to take photos for I-485?



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  • krishna_brc
    05-05 08:54 AM
    Yes, we don't need original I-485 receipt notice to travel.
    I traveled without original I-485.
    see below for USCIS note on this
    ----
    [Federal Register: November 1, 2007 (Volume 72, Number 211)]
    [Rules and Regulations]
    [Page 61791-61793]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr01no07-1]
    Rules and Regulations
    Federal Register
    __________________________________________________ ____________________
    This section of the FEDERAL REGISTER contains regulatory documents
    having general applicability and legal effect, most of which are keyed
    to and codified in the Code of Federal Regulations, which is published
    under 50 titles pursuant to 44 U.S.C. 1510.
    The Code of Federal Regulations is sold by the Superintendent of Documents.
    Prices of new books are listed in the first FEDERAL REGISTER issue of each
    week.
    DEPARTMENT OF HOMELAND SECURITY
    U.S. Citizenship and Immigration Services
    8 CFR Part 245
    [CIS No. 2420-07; Docket No. USCIS-2007-0047]
    RIN 1615-AB62
    Removal of Receipt Requirement for Certain H and L Adjustment
    Applicants Returning From a Trip Outside the United States
    AGENCY: U.S. Citizenship and Immigration Services, DHS.
    ACTION: Final rule.
    SUMMARY: This rule removes the requirement that certain H and L
    nonimmigrants returning to the United States following a trip abroad
    must present a receipt notice for their adjustment of status
    applications to avoid having such applications deemed abandoned. The
    purpose of this narrow change is to remove an unnecessary documentation
    requirement from the regulations that the Department of Homeland
    Security has determined causes an undue burden on H and L
    nonimmigrants.
    DATES: Effective Date: This rule is effective November 1, 2007.
    FOR FURTHER INFORMATION CONTACT: Carol Vernon, Regulations and Product
    Management Division, Domestic Operations, U.S. Citizenship and
    Immigration Services, Department of Homeland Security, 20 Massachusetts
    Avenue, Room 2034, Washington, DC 20529, telephone (202) 272-8350.
    SUPPLEMENTARY INFORMATION:
    I. Background
    Travel outside the United States for an alien who has filed Form I-
    485, ``Application to Register Permanent Residence or Adjust Status,''
    to obtain lawful permanent resident status under section 245 of the
    Immigration and Nationality Act (INA), 8 U.S.C. 1255, may adversely
    affect that application unless the alien takes certain steps before the
    trip. Most applicants must obtain permission from U.S. Citizenship and
    Immigration Services (USCIS) to travel prior to the trip, a process
    referred to as ``advance parole.'' See 8 CFR 212.5 (c) and (f). For
    these applicants, departing the United States without advance parole
    while their adjustment of status applications are pending results in
    automatic abandonment of the applications and constitutes grounds for
    denial. 8 CFR 245.2(a)(4)(ii)(A) & (B).

    III. Rulemaking Requirements

    DHS finds that this rule relates to internal agency management,
    procedure, and practice and therefore is exempt from the public comment
    requirements of the Administrative Procedure Act (APA) under 5 U.S.C.
    553(b)(A). This rule does not alter substantive criteria by which USCIS
    will approve or deny applications or determine eligibility for any
    immigration benefit. Instead, this rule relieves a document
    presentation requirement for certain applicants for immigration
    benefits. Specifically, this rule removes the requirement that H-1/H-4
    and L-1/L-2 nonimmigrants present a Form I-797 receipt notice for their
    adjustment of status applications upon readmission to the United States
    after a trip abroad in order to avoid having their applications
    abandoned. This document presentation requirement is unnecessary since
    it concerns information that is already available to DHS. This final
    rule merely eliminates an unnecessary burden on these arriving aliens
    and streamlines agency management of its processes. As a result, DHS is
    not required to provide the public with an opportunity to submit
    comments on the subject matter of this rule.
    Moreover, DHS finds that good cause exists under 5 U.S.C. 553(b)(B)
    to make the rule effective upon publication in the Federal Register
    without prior notice and public comment on the grounds that delaying
    implementation of this rule to allow for public comment would be
    impracticable and contrary to the public interest. As a result of
    USCIS's July 17, 2007, announcement that it would accept employment-
    based Forms I-485 filed by aliens whose priority dates are current
    under Department of State Visa Bulletin No. 107, USCIS received an
    unprecedented volume of employment-based applications for adjustment of
    status, including those filed by H and L nonimmigrants. Because of the
    recent surge in such filings, it will take several weeks for USCIS to
    enter the necessary data and issue Form I-797 receipt notices for
    employment-based adjustment of status applications. Therefore, it is
    important for this rule to take effect as soon as possible to avoid
    undue hardship on applicants who may need travel outside the United
    States prior to receiving the receipt notice.
    In addition, no substantive rights or obligations of the affected
    public are changed by this rule. DHS believes the public will welcome
    this change. The public needs no time to conform its conduct so as to
    avoid violation of these regulations because the rule relieves a
    requirement of the existing regulations. Further, this rule will have
    no adverse impact on DHS' adjudicatory responsibilities or ability to
    track the foreign travel of affected persons since DHS already records
    the admission of all nonimigrants. For these reasons, this rule is
    effective immediately under 5 U.S.C. 553(d)(1) and (3).
    This rule relates to internal agency management, and, therefore, is
    exempt from the provisions of Executive Order Nos. 12630, 12988, 13045,
    13132, 13175, 13211, and 13272. This rule is not considered by DHS to
    be a ``significant regulatory action'' under Executive Order 12866,
    section 3(f), Regulatory Planning and Review. Therefore, it has not
    been reviewed by the Office of Management and Budget. Further, this
    action is not a proposed rule requiring an initial or final regulatory
    flexibility analysis under the Regulatory Flexibility Act, 5 U.S.C. 601
    et seq. In addition, this rule is not subject to the National
    Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., Title
    II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25,
    or the E-Government Act of 2002, 44 U.S.C. 3501, note.
    Finally, under the Paperwork Reduction Act of 1995, Public Law 104-
    13, all Departments are required to submit to the Office of Management
    and Budget (OMB), for review and approval, any reporting requirements
    inherent in a rule. This rule does not affect any information
    collections, reporting or recordkeeping requirements under the
    Paperwork Reduction Act.

    List of Subjects in 8 CFR Part 245

    Aliens, Immigration, Reporting and recordkeeping requirements.

    Accordingly, part 245 of chapter 1 of title 8 of the Code of Federal
    Regulations is amended as follows:

    PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
    PERMANENT RESIDENCE

    1. The authority citation for part 245 continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
    105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
    2681; 8 CFR part 2.

    2. Section 245.2 is amended by revising paragraph (a)(4)(ii)(C) as
    follows:


    Sec. 245.2 Application.

    (a) * * *
    (4) * * *
    (ii) * * *
    (C) The travel outside of the United States by an applicant for
    adjustment of status who is not under exclusion, deportation, or
    removal proceeding and who is in lawful H-1 or L-1 status shall not be
    deemed an abandonment of the application if, upon returning to this
    country, the alien remains eligible for H or L status, is coming to
    resume employment with the same employer for whom he or she had
    previously been authorized to work as an H-1 or L-1 nonimmigrant, and,
    is in possession of a valid H or L visa (if required). The travel
    outside of the United States by an applicant for adjustment of status
    who is not under exclusion, deportation, or removal proceeding and who
    is in lawful H-4 or L-2 status shall not be deemed an abandonment of
    the application if the spouse or parent of such alien through whom the
    H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the
    alien remains otherwise eligible for H-4 or L-2 status, and, the alien
    is in possession of a valid H-4 or L-2 visa (if required). The travel
    outside of the United States by an applicant for adjustment of status,
    who is not under exclusion, deportation, or removal proceeding and who
    is in lawful K-3 or K-4 status shall not be deemed an abandonment of
    the application if, upon returning to this country, the alien is in
    possession of a valid K-3 or K-4 visa and remains eligible for K-3 or
    K-4 status.

    Dated: October 15, 2007.
    Michael Chertoff,
    Secretary.
    [FR Doc. E7-21506 Filed 10-31-07; 8:45 am]

    BILLING CODE 4410-10-P





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  • coolpal
    04-20 03:07 PM
    I got my approval notice today, and as expected, it is approved as consular process with the Chennai consulate as the class consulate.

    I hope I won't have any problems using EAD. Taking the dive now.

    pal :)



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  • m306m
    07-31 04:18 PM
    Hello,
    I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
    Thank You.

    Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.

    Maybe I am misunderstanding your question. If so please ignore the above.

    If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.





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  • sands_14
    04-08 04:06 PM
    Does it make sense for anyone to file for GC anymore from India,China.Looks it will take a person 10year on an average and paying for ED/AP will cost around 7000usd for 10 years:)



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  • beautifulMind
    06-09 12:05 AM
    You can only get a US visa outside of USA and you only need a visa to enter US since you already in US then why do you need a visa? when you go back just apply for another B1 Visa





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  • Tshelar
    06-15 06:05 PM
    There is no law against multiple companies processing H1B for the same candidate at the same time. In past I had 2 Job offeres and both companies were processing my H1-B at the same time. Eventually I joined one of them. I do not see any issue for you to go back to your Home country and get the visa stamped as long as you are working and getting paid as per your approved H1-B petition.
    Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.



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  • umangini
    04-13 10:41 PM
    The law does not applicable to child born in USA. If child born in USA then the cross chargeable for child is applicable to the parents birth country. I am still searching for more information. I will post more information as I will find out.





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  • probe
    10-07 04:23 PM
    I live in Ohio and my sympathies are with you. If another state has concerns with clause "non renewable/non transferable"then Ohio should also have concerns, but on the contrary Licenses are renewed in Ohio.I feel this is more of kneejerk reaction to 9/11 aftermath.I am dismayed, does policy makers are under notion that a alien (not from outer space) have to
    go through all the travails of a new driver if they move to other state !?.
    My past experience suggests you to visit few other License agencies around your place and hope lady luck smiles
    upon you.



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  • akhilmahajan
    04-30 10:44 AM
    see we got some hope..........
    thanks a lot for the update...........





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  • abq_gc
    08-20 08:07 PM
    we have to make USCIS more transparent and effective...



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  • TexDBoy
    10-09 11:46 AM
    My drivers license expired in between my H1B extension. As proof of identification, I showed EAD card and they accepted it





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  • prince_waiting
    12-12 12:31 PM
    Montgomery - Huntsville = 190 miles
    Montgomery - Mobile = 170 miles
    Montgomery - Birmingham = 90 miles

    So effectively Montgomery is the center point and as suggested by cooldude** is a good meeting place.

    If the meet is convened in Birmingham then it is 260 miles one way distance for Mobile effectively dissuading any Mobile members from active participation.

    Your take on the meeting place guys.

    Looks like a toss up between Birmingham and Montgomery.



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  • Canadian_Dream
    04-03 11:00 AM
    1. Yes it is a good idea to have your Passport valid beyond six months of the visa expiry when going for stamping. Thus you should renew your passport.

    2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.

    3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.



    Thanks for the information Roseball and CGS. That really helps.

    I take it that it is possible to get 3 years extension without renewing my passport.

    One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.





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  • saibaba
    10-01 11:28 AM
    Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.

    Director,
    US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
    P.O. Box 805887
    Chicago, IL 60680-4120

    ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)

    Dear Sir or Madam,

    This application/petition was filed along with the required fees is being returned to me for the following reason.

    Reference: I797C, Notice of Action, Receipt number: xxxx
    Notice date: September 20, 2007

    �Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�

    I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.

    Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:

    FedEx Tracking number xxxx
    Ship (P/U) date Jun 30, 2007
    Delivery date Jul 2, 2007 7:55 AM
    Sign for by: R.WILLIAMS
    Delivered to: Shipping/Receiving
    Service type: FedEx First Overnight
    Packaging type: FedEx Pak
    Number of pieces 1
    Weight: 1.00 lb.

    Shipper Information
    xxx

    Recipient Information
    xxx



    I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.

    Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
    Receipt number: xxxx
    Receipt date: December 11, 2006
    Notice Date: March 9, 2007
    Priority date: October 4, 2006
    Petitioner: xxxx
    Beneficiary: xxxx
    A # xxx
    NEBRASKA SERVICE CENTER.
    I would like to re-submit this application and I am requesting for processing once again.
    Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
    Sincerely,


    xxxx
    Human Resources Manager
    xxxxxxx


    hi there:
    why you are sending it to IL?
    Didn't they mention about return address in the returned package?





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  • herns
    03-07 08:38 PM
    I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed.
    [/I]

    THanks for your reply.

    I fall under 3rd employment based category that got stuck May 01, 2005.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html

    I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.





    fromnaija
    01-23 10:39 AM
    I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..

    Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:

    No, you are not required to be on the payroll for employer to file PERM since GC is for future employment.





    va_dude
    07-20 06:08 PM
    Let us know what you find out from your subsequent calls or infopass appointments.



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