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  • I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.

    That is why you need a new employment letter from your US employer to bring to the consular interview. The letter is the proof that the job exists for when you arrive in the US.

    However, if the individual has no intention of working at the US company upon arrivial, or if they do not want to hire him back (and thus not give him the letter), he will not be approved at the consulate.





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  • Raj

    what are your plans for I-485 filing? are you going to interfile your existing EB3 485 application with EB2 I140 or file a new 485 application for EB2? what is your lawyer recommending?





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  • Hi all , Thanks for the responses. Actually Marriage certificate and medicals were in the packet, I forgot to list it here. After going through the instructions i see my employer sent the application to a wrong address.

    Instructions say that for 140 related cases it should be sent to Nebraska or texas service center depending on where you live. Instead it has been sent to the Chicago lock box facility.

    Now when i resubmit this package to the right place do I have to include a copy of the rejection notice(I 797 C)? also every page has a line printed on it sideways along the right edge. I am not sure if resubmission means sending the rejected packet as is or prepare the forms again and send the new ones.


    In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
    Marriage Certificate is a must.
    Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
    A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
    Wish you all the best!





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  • Paystub is really required document in tax law.
    These are normally state subject and are guided and monitored by state labor law departments.
    Employers don't have a choice of deciding their own period of giving you paystubs.
    So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"

    http://www.laboremploymentlawblog.com/payroll-strict-compliance-with-californias-pay-stub-law-is-essential.html

    If you don't get any response, 2 options:
    1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
    2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.

    Put his name on the boards annonymously..





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  • I forgot it initially and later realized that. fortunately my lawyer was still reviewing my papers (almost 4 weeks). so I sent him new copies. He included new copies and discarded old one. .Also some one told me that it should match what you specified in DS-156 at the time of visa interview. IS THIS TRUE?





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  • Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.

    And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.

    Probably you will get RFE and not rejection.





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  • If I were you, I would explore around the Legal Status from last entry.
    ebizash may be right it won't apply if you enter on AP, still worth exploring that area.


    Thanks for information. To answer I applied my H1b on June 1, 2002.
    My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
    I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
    some said I have good chance others said unknown.

    I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.





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  • A similar situation happened to a friend of mine. It is very easy, talk to a good lawyer and you should have them very soon..


    My friend got the green card in 3 months.

    Cheers,





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  • Why don't send them an email stating that the project ended after 4 months? Don't forget to CC company B.

    If the project ended, then you are not getting paid for that project anymore. So, that itself is your proof, in case you receive a legal notice. So, stop worrying.





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  • thx vhd999,

    was it Fedex/UPS envelopes or USPS ones?

    thinking of sending both :-)



    Few months agoI have applied for AP and requested for an expedite process.
    I have sent two pre-stamped envelops with the application. This is at NSC.

    Fortunately, they have approved it in a week and sent the AP documents using the envelops. I have recevied the documents on the next day.

    If you have a valid reason, it doesn't hurt requesting the expedite process with a proper evidence.





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  • Guys, I am in the same boat with my passport expiring in 2007. I will have to get a new passport since the current one was already valid for 10 years (issued in 97).

    Does any one here have any experience / ideas on how long it takes to get the new passport from the consulate here ?

    Thanks !

    It took me just three days to get the passport from New York. I sent it by "Next Day" USPS on Monday (there was an option to get it delivered by "Next Day" USPS) and I got it back on Thursday by 10:00 a.m.





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  • I aalso called his office and thanked him and requested to continue his efforts.

    Live Life !!
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  • do you remember the appointment time?

    My wife and son's appointment time was 10.00 and 10.15 AM





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  • Really tragic, I noticed the cause of death was suicide by asphyxiation, they found a plastic bag around his head ?, that totally seems suspicious to me, an IITian will have a tons of job offers in India, so if finances were his problem that is ruled out, love problems ?, sad to see a 23 year old kid pass away like this.





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  • I completely agree. Members like ivgclive should to be banned. This is a public forum. If you know the answer, speak up, if not "SHUT UP".
    Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.

    You are most welcome.

    Telling people "create thread only if you have the RFE information" becomes a "wrong" in public forums.

    It is like "I filed I-485 last week, anybody on the same boat".

    Wait for few days, get the letter, read it, understand and ask questions.

    Oh, I am sorry, only people aks 'questions' are entitled to ask anything, I should not answer or correct them if they are wrong.

    Go ahead.





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  • This is a clear indication of they used the numbers illegaly. There is no way these errors will be accepted by court as a reason to revise the july bulletin.





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  • I knew it was gonna happen, first it was horses, now its health....:(

    "
    <b>Health Care First Or Last</b>

    Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "

    Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)

    This is it....over to 2011(for suckers who still believe that it will be done in 2011). 2010 being an election year nothing this radioactive will be done.





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  • That's right.
    I think they would have excluded it since the EB2 ROW is current and there is no need to establish a cut-off date.





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  • Forgot to mention that instate tution waiver is NOT available in some, albeit very few, states. Most of the states would allow it. Please check in advance.





    Suddenly everyone is out to relieve the poor old neglected 'hi-tech' guy :D ...wonder if we are being used as a bargaining chip for CIR...





    This is an excellent piece of article and the comments are even better. Very good work Jaime.

    It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
    That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
    May be I am repeating something that is already discussed, but still.........
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