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  • GetGC08
    05-11 09:14 AM
    You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.

    Hi,

    Thanks a lot for your reply. I really appreciate it.

    Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
    OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

    I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

    Correct me if I am wrong on this.

    Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

    I will really appreciate your response.

    Thanks.





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  • gulute
    10-19 01:59 AM
    http://immigrationvoice.org/forum/showthread.php?t=13923

    I am one of the July 2 filers. I need to go to India on 1st November. I was hoping that AP will come by that time. But there has been no progress on that. Just spoke to my Attorney. She said that USCIS does not have any facility to issue AP for an emergency.
    Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
    On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
    No theoretical guesses please.
    Thanks





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  • chanduv23
    07-05 09:44 PM
    MSFT is the start. This will go on and you can start seeing other companies moving out - jobs also moving out to other countries.





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  • saketkapur
    05-07 12:43 PM
    Its not mandatory.....you can file it anytime........its totally up to you and your immigration lawyer depending on your situation.
    You will still need to meet the requirements of wage and same or similar job criteria whenever(if) you decide to file it or get an RFE.



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  • willwin
    08-11 10:55 AM
    What is the purpose of this poll? Why start from 2005 (and not from 2001) ?

    trueguy has a poll started for period from 2001 to 2004 and I have started this for 2005-2008.

    The limitation is that we can have maximum of 10 entries in a polling!!!

    Not sure if the core have more options.





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  • bluez25
    08-11 03:01 PM
    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.



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  • lj_rr
    07-30 01:36 AM
    Can someone post details about which Service Center to send the 485 papers - Nebraska or Texas?

    It is based on employer location or employee location?

    Link to a USCIS article or something else will be extremely helpful.

    Sorry, if this is a repost. I searched but could not find anything.





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  • lavanyamohan
    03-17 01:10 PM
    Hi mhtanim,

    Thanks for your response.


    Is www.gowda.com a reputed lawfirm.?

    I am just being careful as I have suffered a lot due to in effiscient attornys .



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  • royus77
    07-05 07:55 PM
    Hello,
    I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
    My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
    PLEASE HELP.
    401k is a employee sponsered retirement program .I think they can stpulate rules/regulations . Being on a L1 Visa i think they can always say they moved you on a intra company transfer and not having any intension to sponser your immigration papers ( Green Card)





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  • ronhira
    02-19 03:33 PM
    when i saw the news last night..... it was pretty evident that this terrorist in austin, tx is anti taxes & anti government anti irs..... i thought tea party movement has found a hero..... the next thing news said - this terrorist was a software professional...... immediately i thought ..... he is going to be hero of anti immigrants like itgrunt.... who will attempt to associate h1b visa to the domestic terrorist....

    guess what! surprise surprise..... today we can see itgrunt glorifying domestic terrorism.......

    http://www.

    when is fbi planning to arrest & question itgrunt......



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  • validIV
    03-24 12:51 PM
    Technically if you lose employment in H-1 you are out of status, although there is an informal grace period that everyone here interprets differently.

    How long have you been unemployed?





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  • rahul2699
    05-20 08:01 AM
    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,

    and your question is?



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  • eb3retro
    03-11 11:59 PM
    No probs, we owe as much for all the hours you have put in with the EB number analysis.

    But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.


    check this out from www.immigration-law.com website.

    03/12/2006: Comprehensive Immigration Reform: EB-2 vs. EB-3: Time to Consider Filing of Concurrent EB-2 and EB-3 I-140 Petitions?

    * All of the comprehensive immigration reform bills in the Senate except the border security bills propose to increase the annual EB-3 numbers substantially. On the other hand, these bills propose to reduce annual allocation for EB-2 in terms of the percentage. When combining EB-3 for skilled workers/professionals with EB-3EW for unskilled workers, the combined EB-3 will run as high as 60% plus and minus. Besides, should Sen. Brownback amendment be legislated into law, a large number of nurses/physical therapists will be taken out of the burden in the EB-3 visa numbers. In the BECs, there still remain a huge number of mostly EB-3 cases including unskilled workers which will take out the immigrant visa numbers in the future, probably before the summer of year 2008. Still, 60+ of the total "increased" employment-based immigrant visa numbers must add upto a large number. Contrary to this trend, a large number of cases are filed in the EB-2 category these days. Considering the fact that EB-2 numbers may be reduced or maintain at the current level at best, EB-2 visa numbers may increasingly face the pressure.
    * We hope that the history will not repeat itself. In the 1990s, there was a time when the EB-2 numbers were more oversubscribed than EB-3 for China. One may wonder whether it is time for the EB immigrants who attain the EB-2 labor certification to consider filing of EB-2 and EB-3 I-140 petitions concurrently or sequentially against the situation which reveal worse oversubscription of EB-2 over EB-3, particularly P.R. China. EB-2 labor certification is eligible for both EB-2 I-140 petition and EB-3 I-140 petition. It is a matter of paying additional $195 filing fees. Something to think about.

    =======================

    all i am saying is whether u r in eb1 or 2 or 3, we are all in a deep sh**t of this retrogression, you would never know, whether its good or bad being in a certain category in GC process, cos, most of the process su***s according to me. my perception is , if u have job in this country u work, and in this period, if u get ur GC, its good, if not, its not our fault. We are doing our part by supporting organisations like IV. But there is so much anti-immigration scentiments out these days, we get defeated so easily (eg S.1932). Work with IV and leave the rest to time.

    my 2 cents..





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  • desi3933
    06-08 11:52 AM
    Thanks for opening this thread, I have a question which is not related to IV's core cause but suitable to this thread.
    I want to ship my car to India and don't know where to start, I would appreciate if someone could share knowledge/experience.
    Thanks in advance.

    http://www.shipmyvehicle.com/InternationalVehicleShipping.aspx

    There are many other sites for this service.



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  • Waitnwait
    02-23 07:13 PM
    Do you have to refile 485? i am assuming you have already filed as you said you have EAD. i thought interfiling can be done by just sending a letter to USCIS and there is no need to refile 485.





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  • h1bmajdoor
    09-26 08:17 PM
    I had a positive skin test & doctor recommended the 9 months tb treatment, but I applied for I485 & EAD because the doctor did provide me with I693 sealed envelope.

    Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.

    Thanks,
    Nileshup

    almost every foreigner has a +ive reaction. this is because we are vaccinated (BCG).



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  • ImmiRam
    09-08 08:12 PM
    Thank you guys for the welcome! I really appreciate all the hard work you guys have been doing so far. I have no hope on getting GC ( EB3, 2010 :) ) with current system but I will fight along!





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  • qasleuth
    05-06 12:51 AM
    My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?

    Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.

    As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?





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  • shantanup
    06-25 09:43 AM
    On a lighter note, you may not even want to prove your legal status. After CIR you'll be in a better position to get adjusted, faster and easier!





    purethoughts
    01-24 12:00 PM
    The cheapest way will be to give some $50-75 to the immigrationpro.com attorney. They will answer your questions through email. At least you have some opinion to verify with. I would also suggest to go through the yellow pages and find immigration lawyers who give you first hour free consultation. Do not rely on people like me for the prefessional opinion. Even though we have good things in mind, we are not prefessional lawyers. Get 4-5 professional opinion and then you will automatically know what is the truth.

    Best luck !





    ksrk
    03-04 04:42 PM
    Congratulations moclutch! Sure sounds like one heck of a journey. And like you said, misery does love company - or at least eases a bit.

    Congrats again - time to celebrate! :) And good luck moving forward...

    I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.

    I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.

    For those that are still on the journey - just hang in there and your time surely will come!



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