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  • green_card_curious
    03-07 04:12 PM
    Hello

    I filed concurrently for I-140 and I-485 through NIW petition; and for my wife as dependent beneficiary. I received an RFE in Dec 2008 and got a denial yesterday.

    1. Will my I-485 be denied automatically?
    2. When we appeal for I-140 decision, will the I-485 status be "pending" or will it be denied first and then activated after subsequent approval of I-140?

    PS: the reason for the rejection is unknown.

    Please respond ASAP.

    Thanks.




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  • javadeveloper
    07-20 09:51 PM
    OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?




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  • lecter
    February 2nd, 2004, 11:49 PM
    I have no direct knowledge, but I amsure there are those that do. I'd be surprised if it doesn't work, but I know in Canons case there are certainlenses that need some sort of "re-chipping". Before you buy I'd certainly take it into the shop and try it out and check the EXIF info that it produces (most likely place it will fail, or omit data)
    Dunno if that helps.

    Rob

    I am looking forward to this camera hitting the streets, another excellent sub $1,000 camera is sure to put the competition on notice. I love competition (unless I am bidding.. hehe)

    Rob




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  • hopefulgc
    03-08 12:57 PM
    AFAIK, I-140 is the underlying petition for the I-485. If I-140 is denied, the i-485 is automatically denied.
    Move fast, start a PERM and see if u can lock in a date.


    i missed the second part of your question.

    i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
    Hope this helps.



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  • kevin08
    03-19 07:36 PM
    Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.




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  • Munna Bhai
    01-10 04:09 PM
    munabhai
    i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.

    what that RFE was for?? education or pay??



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  • HOPE_GC_SOON
    05-04 10:30 AM
    Hi Immi2006.

    Please help me understanding this..

    Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:

    Please enlighten me....

    thanks:)

    Folks,

    I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).

    It appears on rough estimates :

    2005
    EB1 - 4000
    EB2 - 26000
    EB3 - 39000
    2004
    EB1 - 5500
    EB2 - 32000
    Eb3 - 36000




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  • StuckInTheMuck
    07-15 02:14 PM
    H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
    This is correct. Status changes from H4 to AOS the moment one starts working on EAD.



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  • franklin
    06-19 05:05 PM
    Start worrying about LC approval notice and start working about AOS.

    Aaj kal nav jawanoku, ye kya ho raha hi?

    What?!




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  • RiaonH4
    01-18 11:13 AM
    Cool. Thanks for your replies. One more question. Are you guys currently in US and have applied 485. How do i use Canadian citizenship and 485 pending to maximize my opportunities in us and also have Canadian citizenship as a backup?

    Ria
    :D

    King37 sent you a PM



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  • felix31
    02-12 04:59 PM
    Folks,

    employer's attorney claims that there is no such thing as H4 premium processing.

    Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

    I searched all Mathew-Oh updates dated one year ago and can't locate it.

    I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

    Can anyone please help?




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  • Ann Ruben
    06-25 10:51 AM
    Unfortunately, there are no good solutions to this problem. Humanitarian Parole is possible, but not likely except in extreme cases such as where there is a serious or life threatening illness. You should consider consulting an immigration attorney with expertise in such matters to to determine what if any chance there is for Humanitarian Parole given your family's particular circumstances.

    Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.



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  • snathan
    05-11 06:10 PM
    Hi,

    I have attended for H1b renual in toronto on the 2nd of May. The VO decided to do some additional review on the application. He took the Cleint letter, vendor letter and I129. Still havent heard anything from the consulate.

    I am not sure if I should stay in Toronto or travel to India. I have taken only single entry visa to canada.

    So, do you know if there is a canadian consulate in Hyderabad. If there is one, how much time do they take to issue a visitor visa.

    Also, most importantly, how much time does it take for the 221g processing.

    I would really appreciate if someone could share their knowledge.

    Thanks

    Where are you staying in Toronto. If you are staying with any relatives...you should try to stay there until you get the papers back from the VO.




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  • dbevis
    April 16th, 2004, 06:29 PM
    Hmm, anyone know how to Photoshop some people into a bubble? :)
    Whom did you have in mind? :)

    A little deform tool work to approximate the curvature, then blend that and the original image together. PSP has a "geometric effects" tool called "spherize" that would take care of the first part.



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  • gcpool
    07-08 10:37 AM
    Apart from informing others about them legally what can he do.

    Post his name & nobody will hire him.




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  • acecupid
    07-05 12:32 PM
    I understand and appreciate people trying to do the whole flower thing, but I am not sure if it will work the way they expect it to.

    I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?

    Anyway, one of my responsibilities was to screen the dept. mail, and sort out what was uselss and trash it.

    Chances are, that is what will happen to the flowers sent to USCIS.

    I don't mean to discourage anyone, but that money ($25-$40) you spend on flowers, could help IV a lot.

    Thanks,


    Hey we are doing what we believe in, so just shut up and dont discourage people.:mad:



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  • pappu
    11-14 02:40 PM
    Lawyer told me that I cannot contest. They screwed it up some thing
    there is always some way...
    pls quote the exact sentences of your rejection letter here. we need to know a reason for your rejection.
    ask your lawyer or find out exactly what they screwed up.

    also let us know
    - is your lawyer a company lawyer or your lawyer
    - what is the status of your company--- big/small/ many h1b/ what about others in your company on LC applications..etc
    - did the comapny do ads? do you have the material or copy of everything that was sent?
    - is your company making profits. how many employees?
    - eb2 or eb3
    - has anyone been rejected before in your company?
    - how much time do you have on h1b




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  • varumo_varatho
    11-08 10:43 AM
    Speaking of my personal experience, Yes, you can get an emergency appointment as returning h1b's are eligible for such appointments. Just send an email directly to the consulate and request for emergency appointment stating that you have to return to your project. I have done it before

    It is advisable to carry all the LCA's, just in case, though the VO might just look at the current one. I am sure you will be taking all the other docs required.

    Best of luck

    cheers !




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  • senthil
    08-23 05:21 PM
    on few forums -ive seen people who already filed I-485 and could not file I-485 due to retro applied and received 3yr H1B extn. I dont think it matters if you have applied for EAD/AP or not. Recently one of my friend ( currently on EAD ) , still applied for 3yr H1B extn and got an approval too.

    For a safe bet its good to have the EAD/AP with you. has foll advantage

    - worst case you can change employment using EAD
    - travel issues - esp you can avoid visa related appointment hassle using AP

    one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.

    may be many folks here already have real time experiances on this subject, i guess
    hope it helps. -- my2c.

    all these are my personal views. im not an attorney
    thanks




    Jaime
    05-25 09:47 AM
    I called Sen. Cornyn's office but got a recording, with no possibility to leave a message. Then I called Sen. Kennedy's office and the immigration counsel was on the floor but they had a person in charge taking messages for him and she took at and said she would deliver it to him. Let's keep at it!




    nixstor
    03-05 11:52 AM
    http://www.regulations.gov/fdmspublic/component/main

    Choose USCIS for the agency and click submit. That returns the proposed fee increase which is open for comments. I doubt it makes any difference but nothing to lose leaving a comment on the portal

    Alternatives

    You may submit comments, identified by DHS Docket No. USCIS- 2006-0044 by one of the following methods:
    � Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
    � E-mail: OSComments@dhs.gov. Include the docket number in the subject line of the message.
    � Facsimile: Federal eRulemaking portal at 866-466-5370.
    � Mail: Director, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. To ensure proper handling, please reference DHS Docket No. USCIS-2006-0044 on your correspondence. This mailing address may also be used for paper, disk, or CD-ROM submissions.
    � Hand Delivery/Courier: Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. Contact Telephone Number (202) 272-8377.



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