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deepakbh

05-05 10:19 PM

Friends,

This is my first post.Any inputs would be highly appreciated.

My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)

I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought

Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.

Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .

Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .

I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.

To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?

Thanks and really appreciate any input.

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rangaswamy

02-26 07:17 PM

She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.

I think F1 has more advantages unless you have 485 filed (in which case i dont know what happens!)

As an F1 student, you can work on campus, this will ensure an SSN/credit history etc etc.

Most important, she can accept scholarship and internship offers through the course.

The path to getting a h1b visa becomes easier as the masters students have a separate quota and also one year OPT.

I think tution waiver will only apply if she has been independent in the last 365 days which she is not if she is on h4 visa.
Also, some senior members informed me that you can change from H4 to F1 by applying for I 539, which the school would assist you in doing. In this case i think stamping is not necessary unless you leave the country.

DISCLAIMER: all of the above information is based on other posts and some articles outside IV.

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sabbygirl99

07-07 08:22 PM

Anyone??

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gc_hope

09-29 10:36 AM

Immigrants at USC have helped design a special randomization program for LAX security called ARMOR! Doctoral student, Pankaj Paruchuri, and his professor, Milind Tambe, have designed this special program that will help National Security and enhance the security for all of us!

A Random Weapon in the War against Terror (http://http://www.msnbc.msn.com/id/21035785/site/newsweek/)

I can bet that the Doctoral student himself must have faced Backlog/ Retrogression at some time! I do not know him, but I think IV should contact him!

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Lasantha

06-17 11:19 PM

All
First of all, sorry to open a new thread for my problem, but didn't find a related thread.

I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?

Please guide me.

Thanks in advance.

Hey Bro, as far as I know they only test for HIV, Siphilis,TB and Gonorrhea. I am loking at the copy of my medicals right now and I don't see Herpes mentioned anywhere. So I dont think the blood test looks for that. So don't jump the gun and tell the surgeon that you have it. My surgeon didn't even do a genital exam only checked my groin for lymph nodes. SO as far I can see you will be OK. Just take it easy and go for the test. ;)

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boom

10-01 07:16 PM

Would appreciate if some one can guide me in this situation.

Filed 485 on 11th aug but as fedex packet was not traceable I had to file again on 16th of August.

Now I received the receipts for the one which was filed first time.
How do I stop the 2nd application.What will happen If I do a stop payment on the 2nd one.
Will it affect my GC processing fot the application filed first time.
What is the best option I have without getting into some issue.

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iptel

09-07 12:25 PM

I am thinking of opening a thread on IV forum to sell my couch. I am sure there will be many potential buyers.:D :D

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jaytubati

05-11 04:23 PM

ksam75,

Even I got Duplicate I485, I765, I131 receipts. All the receipts has same A#. One set of I765 & I131 approved. For the second set , they send REF about Photos as I have not submitted any supporting documents ( Photos, I94 etc) for second set. I have submitted second set as follow up since I didnt get recepts for the first set within 5 months.
Now I want to withdraw duplicate I485 another set. What happen to your I485 withdraw. Any problems ?


Please advise ...


Thanks.

Jay

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KbK

07-20 04:38 PM

Hi eagerr2i,

Can you give some details about, how to get the certification. My wife is also doing her teaching credentials in the community college and we live in california.
Thanks buddy for your help.

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sheela

10-12 02:45 PM

please, poll your PD here

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seeking_GC

07-19 01:34 PM

I came back from India yesterday and used my AP for the second time in SFO ( had been to India last November using the same AP) and had absolutely no issues. I have used AC 21 so I am not with the employer who started my GC process.

When you come into immigration they take your finger prints, just hand them your AP and passport and they will send you to secondary inspection.( If you are using AP you are always sent to secondary inspection), place your passport and AP in the slots placed on the table as you enter the room, the immigration officers will pick up the papers one by one and call your name if they have any questions. For me they asked if I had only one copy of my AP, I said yes as they had kept one copy the last time I had used my AP. He then asked me how long I was out of the country (2 weeks ) and whether it was business or vacation ( business in my case ), he asked me to have a seat, five mins later he called and gave me my passport and parole stamped AP ( He stamped it a second time as there was already a parole stamp on the AP) Whole process took about 20-25 mins.

Hope that helps

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gcchaahiyey

04-07 03:53 PM

But what happens if they send out FP notice and she doesn't do FP...it is going to be few years to get divorce as we have daughter...So i am pretty much sure i will get GC before we get divorce...At this point i cannot let USCIS know also because we are not yet divorced.


Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.

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sandy_anand

10-04 10:01 AM

Not sure if it has been posted before but I came across this on Ron Gotcher's site. Someone posted it from a Chinese EB3 website. Scroll to page 46 and you can see the waiting list details for EB3-India. Disclosure - I make no claims to its accuracy so don't flame me :-)

http://www.eb3chinese.org/resources/E3+Waiting+List.pdf

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chi_shark

04-29 05:42 PM

:) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.

so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.

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Britsabroad

February 27th, 2004, 09:36 AM

Sounds like traffic jams might be a good place to 'trap' (Another Royal Navy term)

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jonty_11

07-05 04:31 PM

labor Substitution ....Heloooo!!!!

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lagsam

12-17 05:09 PM

According to my daughter, they did not ask anything.

She traveled separately from me.

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razis123

06-06 02:45 PM

hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.

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immi_enthu

08-10 04:26 PM

your attorney or employer (whoever filed it) will get the approval notice.


wont the company receive a courtesy copy even if attroney files it ?

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beppenyc

03-20 08:15 PM

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/03-20-2006/0004323801&EDATE=

Q Okay. My question is, since 9/11, one of the key things that we need
is immigration reform, including comprehensive immigration reform that is
right now in front of Senator Specter's committee in the Judiciary. There are
two principles I'm hoping that you would support: One, the good people, the
engineers, the PhDs, the doctors, the nurses, the people in the system who
have followed the rules, will go to the head of the line in any form of
immigration reform. That's Title IVz of the bill.
Secondly, the illegals who have not followed the rules -- I understand the
debate, I appreciate your statements about immigration reform, but isn't it
better that we know who they are, have them finger-printed and photographed,
and allow some form of 245I to come back so --

THE PRESIDENT: Tell people what that is. Tell people what 245I is.

Q Okay -- 245I is a partial amnesty program that expired back in 2001,
in fact, was going to be voted on on 9/11, unfortunately. But those -- it was
a small segment of the illegal population where they would pay the $1,000 fine
and, for example, coming in illegally, then marrying an American citizen,
could somehow legalize their status.

THE PRESIDENT: Okay. Let me give you some broad principles on
immigration reform as I see them. First of all, we do need to know who's
coming into our country and whether they're coming in illegally, or not
legally -- legally or not legally -- and whether they're coming in or going
out. And part of reforms after September the 11th was a better system of
finding out who's coming here.
Secondly, we have a big border between Texas and Mexico that's really hard
to enforce. We got to do everything we can to enforce the border,
particularly in the south. I mean, it's the place where people are pouring
across in order to find work. We have a situation in our own neighborhood
where there are way -- disparities are huge, and there are jobs in America
that people won't do. That's just a fact. I met an onion grower today at the
airport when I arrived, and he said, you got to help me find people that will
grow onions -- pluck them, or whatever you do with them, you know.
(Laughter.) There are jobs that just simply aren't getting done because
Americans won't do them. And yet, if you're making 50 cents an hour in
Mexico, and you can make a lot more in America, and you got mouths to feed,
you're going to come and try to find the work. It's a big border, of which --
across which people are coming to provide a living for their families.
Step one of any immigration policy is to enforce our border in practical
ways. We are spending additional resources to be able to use different
detection devices, unmanned UAVs, to help -- and expand Border Patrol, by the
way, expand the number of agents on the border, to make sure we're getting
them the tools necessary to stop people from coming across in the first place.
Secondly, part of the issue we've had in the past is we've had -- for lack
of a better word -- catch and release; the Border Patrol would find people
sneaking in; they would then hold them for a period of time; they'd say, come
back and check in with us 45 days later, and then they wouldn't check in 45
days later. And they would disappear in society to do the work that some
Americans will not do.
And so we're changing catch and release. We're particularly focusing on
those from Central America who are coming across Mexico's southern border,
ending up in our own -- it's a long answer, but it's an important question:
How do we protect our borders, and at the same time, be a humane society?
Anyway, step one, focus on enforcing border; when we find people, send
them home, so that the work of our Border Patrol is productive work.
Secondly, it seems like to me that part of having a border security
program is to say to people who are hiring people here illegally, we're going
to hold you to account. The problem is our employers don't know whether
they're hiring people illegally because there's a whole forgery industry
around people being smuggled into the United States. There's a smuggling
industry and a forgery industry. And it's hard to ask our employers, the
onion guy out there, whether or not he's got -- whether or not the documents
that he's being shown that look real are real.
And so here's a better proposal than what we're doing today, which is to
say, if you're going to come to do a job an American won't do, you ought to be
given a foolproof card that says you can come for a limited period of time and
do work in a job an American won't do. That's border security because it
means that people will be willing to come in legally with a card to do work on
a limited basis, and then go home. And so the agents won't be chasing people
being smuggled in 18-wheelers or across the Arizona desert. They'll be able
to focus on drugs and terrorists and guns.
The fundamental question that he is referring to is, what do we do about -
- there's two questions -- one, should we have amnesty? And the answer, in my
judgment, is, no, we shouldn't have amnesty. In my judgment, granting
amnesty, automatic citizenship -- that's what amnesty means -- would cause
another 11 million people, or however many are here, to come in the hopes of
becoming a United States citizen. We shouldn't have amnesty. We ought to
have a program that says, you get in line like everybody else gets in line;
and that if the Congress feels like there needs to be higher quotas on certain
nationalities, raise the quotas. But don't let people get in front of the
line for somebody who has been playing by the rules. (Applause.)
And so, anyway, that's my ideas on good immigration policy. Obviously,
there's going to be some questions we have to answer: What about the person
who's been here since 1987 -- '86 was the last attempt at coming up with
immigration reform -- been here for a long period of time. They've raised a
family here. And my only advice for the Congress and for people in the debate
is understand what made America. We're a land of immigrants. This guy is
from Hungary, you know. (Applause.) And we got to treat people fairly.
We've got to have a system of law that is respectful for people.
I mean, the idea of having a program that causes people to get stuck in
the back of 18-wheelers, to risk their lives to sneak into America to do work
that some people won't do is just not American, in my judgment. And so I
would hope the debate would be civil and uphold the honor of this country.
And remember, we've been through these periods before, where the immigration
debate can get harsh. And it should not be harsh. And I hope -- my call for
people is to be rational about the debate and thoughtful about what words can
mean during this debate.
Final question, sir. You're paying me a lot of money and I got to go back
to work. (Laughter.)



PS I did not know about the story of I-245 on 9/11....

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forever

07-23 06:34 PM

If-485 is rejected should we wait till PD becomes current?

Yes. You can not apply again until your priority date becomes current.

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