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  • paskal
    09-11 12:06 PM
    my amateur opinion would be that if you get another J1 visa after the waiver- you will need another waiver- last action is what counts!
    i'm presuming we are not talking about a physician J-1 here.
    there are no restrictions on foreign travel on a J1- except that it expires a lot (every year for physicians) and needs restamoing to reenter...

    hope that helps!

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  • Sparkling
    04-26 04:37 PM
    Dear Lawyer,
    I posted my story in "all other green card issues" I'm sorry I don't know how to link it.

    I am married to a US citizen - married since 10/23/04 - we have lived in the US before where I obtained a conditional green card : given 01/17/06 expired 01/17/08. We left the US in may of 07 to live in denmark (my home country) and thought the conditional green card was "gone" when it expired and did not apply to remove conditions in time.

    In 2009 we decided to return to the states - I came here 10/16/09 on a visa waiver. In december 09 we filed i130 and in march i485 thinking we had to start over on the process of getting a green card.

    April 8th -10 we recieved a denial letter saying:
    "A review of agency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
    " therefore , the beneficiary is not eligible for the benefit sought and this additional petition is denied"
    " This denial will have no adverse effect on the lawful permanent residence status that the beneficiary has previously aquired"
    Attached to the letter is an appeal form.

    So my query now is: since they already consider me a lawful permanent resident according to that letter - how do I go about getting my green card? and what happens to the i485 that they still have in initial review?

    My husband and I are very confused about all this - we were told we had to reapply so we are puzzled about that denial letter. Customer service at uscis only reiterates the content of their website and we cannot get through to anyone that can shed any light on this. Infopass is not available in our area either, so I turned to this forum.

    Than you so much for your time in considering this matter and for any information you might have for us.

    A danish citizen :-)

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  • piyu7444
    04-05 02:03 PM
    Thanks for reply. So at what stage candidate become part of communication in GC process. Or can start keep tracking the case.

    It all boils down to the relationship you have with the employer and how flexible they are w.r.t immigration policies etc.

    I know of people who were involved from day 1 till they filed 485 and I know of people who were not involved untill filing of 485 had to be done.

    Your case it looks like that employer wont tell you if he has an approved 140. If that is true then you will only get involved when your PD is current- to file AOS.

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  • Dhundhun
    07-16 02:36 AM
    So are these different from the finger prints that we take for EAD? For people who got their priority date current, do they ask for a separate finger prints again? Does anyone can shed some light on this?

    Yes the finger printing for EAD is type 2 and for I485 it is type 3. They are different.
    Photos are different (this is an example)
    .. in I485, nose ring was OK,
    .. in EAD, nose ring to be removed

    Finger Prints
    .. in I485 all the fingers rolled seperately (10), the four fingers (2) - might be missing some more
    .. in EAD, index, non rolled (1)

    When fingerprinting was paper based, it used to repeat every 15 months as paper print fades away(life of paper based). With electronic image, 15 months might not be required


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  • GCSOON-Ihope
    02-21 10:32 AM
    Yes, it can be done. Basically, you have to show that the work experience is at least the equivalent of a College degree. There are people, called "evaluators" (or something like that) that analyse all the credentials and work experiences to determine that equivalence. Immigration attorneys know how to use those "evaluators" whose "evaluations" are usually accepted by USCIS.

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  • onsitus
    04-10 05:41 PM
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  • payal_nag
    02-26 12:44 PM
    Hello All,

    I have a few questions for the group. I have an approved labor and I-140 in EB3 category with a 2005 priority date. My 7th year H1 expires on May 11 2007 and my company has already filed for my 3 year H1 extension based on my approved I-140 which will be valid from May 2007 to May 2010. My questions are the following:
    1) Can I change my employer and keep my 2005 priority date if the new employer also agrees to file a fresh PERM app and I-140 for me?
    2) If I qualify for EB2 category, can my new employer file for I-140 in EB2 category and still maintain the old priority date?
    3) Since my current visa is valid till May 11 2007 and new visa will be valid from May 12 2007, can i start work for a new employer in April 2007 based on my new 3 year H1 or do I have to wait till May 2007 to start work on the new visa?

    Any help will be greatly appreciaited.


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  • wandmaker
    02-24 12:26 AM
    Hi Guys,

    I have recently got married and entered US on AP, I have not used my EAD and started working for the same employer (GC sponsered). My wife is going for H4 Stamping in US consulate in India. Does any one has any experience? Do you see any problem during Stamping.

    Thanks in Advance.


    As long as you have a clean immigration track record (no out of status, continous pay) - your wife should not have any issues in H4 stamping and there may be administrative delays (like PIMS and etc), which no one has control over it.


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  • eyeswe
    02-13 06:38 AM
    Sorry I am not going to be help, but I would be interested in knowing when you find, why that was so.. I am one of the unlucky few whu missed the July 2007 filing bonanza by 1 day, based on when my labor was filed.. so if there is an alternate way to assign PD.. I can still continue crying....:confused:

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  • nhfirefighter13
    June 8th, 2005, 04:16 AM
    Good job!


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  • loti_GC
    07-31 08:33 PM
    My Lawyer asked for the original letter from employer. She didn't even accept the scanned copy. I had to mail the letter to my lawyer.

    If you have letter from employer then why not give original.

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  • anindya1234
    07-06 10:15 AM
    Like many others, I was also unable to file my I-485 after the July 2 fiasco. My lawyer front-desked my application yesterday to ensure my eligibility for the class action. But he sent my application to the Texas Service Center instead of the Nebraska Service Center as was insructed in the form. Also, my employment letter was addressed to the Nebraska Service Center. His reasoning: my I-140 was approved by the Texas Service Center. Also, my name was spelt wrong on the FEDEX tracking system. Will USCIS reject it because of filing at the wrong service center...if so then will I lose my class status? Please shed some light.


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  • loudobbs
    08-02 03:19 PM
    Hi Folks
    My Labor was approved under EB2 as the job required a Master's Degree but the Lawyer by mistake filed my I140 under EB3 and was approved Oct 2006. The mistake was noticed in May 2007 when we were planning to file for I485. The lawyer refiled my I140 under premium processing on may 23 2007. I checked the status on line and the LUD is May 27 saying application was received. The lawyer told me that CIS is waiting for 'original labor notice' from the labor dept.

    Its been 2 months now and I am getting worried.
    Anyone who has been in similar circumstances or familiar with this situation pl help. :(

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  • myimmiv
    02-25 02:50 PM
    Note - This has been posted in the regular forum also. Re-posting it here to get an attorney perspective.

    I just wanted to throw this out there, since I did not get any definite answer from any forums.

    When in need for I-485 issues, who is better to contact - Congressman or Senator.

    I just want to know the pros and cons of each and maybe this analysis will help others down the line.

    Points to note are:
    1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

    2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

    3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

    4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

    Can members throw some light on this based on their prior experience and based on their knowledge.

    Thanks in advance.


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  • Krilnon
    10-10 06:38 PM
    The reason that your code is not working is that e.Key only references the most recently pressed key, so it can't be equal to 3 different keys at once.

    If nothing else, couldn't you maintain a list/array of the currently pressed keys? You could update the list with handlers for KeyUps and KeyDowns and figure out whether a certain combination of keys was pressed by iterating through the array. I'm not sure if there is built-in functionality to do this, but it would be easy enough to implement.

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    10-18 08:56 AM
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  • visacase
    07-10 02:40 PM

    Thanks for my previous response. I am on H1B and between projects. I have an offer to work for a couple of days for a company other than the one holding my H1B. They said they are not gonna report to the IRS as its an hourly job for 2 days and the number of hours are not going to accumulate enough for the IRS. But they need my SSN or tax-payer ID to run their payroll. I am gonna receive my dues as a simple check (like a rebate check with just the total amount showing up & NOT a paystub). Please let me know if I can work for them or not.

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    03-04 02:31 AM

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  • mnq1979
    08-31 12:58 PM
    is there any one who got the interview notice, even after replying to RFE.
    My RFE was to prove my legal status and my wife was to provide the BC.

    01-23 01:34 AM

    My passport will be expiring in next 6 months. I do have an appt pending with US embassy Bombay. I have some queries, if someone can please guide me:

    1. What happens to old passport. I took Appt with old passport number?

    2. Can I keep my old passport?

    3. Is it OK to go for new renewed passport? Or will it impact the H1B stamping and interview process?

    Pls suggest.


    09-17 12:57 AM

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