Wednesday, June 8, 2011

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  • asdqwe2k
    05-22 09:36 AM
    Official Press release..

    http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf

    “This report illustrates that legal immigrants who play by the rules experience significant hardships that harm families, businesses, and, ultimately, our economy,” said Cornyn, who chairs the U.S. Senate Judiciary’s Subcommittee on Immigration, Border Security and Citizenship. “I believe Congress can address these issues in a thoughtful yet decisive manner.”




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  • tnite
    07-26 03:11 PM
    My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
    Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

    My 140 is still pending


    What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?

    If she's not planning to continue working then she has to change to H4.




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  • gg_ny
    07-31 09:54 PM
    gg_ny/others,


    1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?


    2) gg-ny, can you eloborate on this please?

    (have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.


    Thanks for your responses.



    Sendil
    Hi,

    I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
    1) unless you USE your EAD, H1 or H4 status wouldn't be affected
    2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
    3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
    4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
    applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
    5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
    it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
    6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
    7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.

    Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.




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  • mckottayam
    05-02 06:07 PM
    We came back yesterday May 1st, my wife's stamp is only until May 31st and mine until Aug 30th but we had the extended approval notices. Both H1s. We both got stamped until the end of the extension date on the I 797. I don't think you'll have any problem.



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  • skark
    08-22 10:53 AM
    I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!

    Is anyone else in the same boat got their EAD approved?
    Did I send my application to the wrong service center, I live in North Carolina?

    I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!

    Please advise :confused:




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  • gbof
    04-08 02:52 PM
    Question regarding Current Immigration Status field on EAD renewal form:

    I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.

    BTW, I used paper filing for both of us.

    Thanks for your input.

    I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.



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  • number30
    11-18 08:13 PM
    Did that H1B got approved later?




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  • sunny
    10-02 02:13 PM
    I am not sure if the I-94 you receive along with your H1 approval means anything.
    Also it’s your responsibility to hand over your stamped I-94 while leaving the country at the airport. When you arrive the new one you get in the plane will be stamped and should be used.



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  • gc_peshwa
    04-14 02:14 PM
    Please contact ashwin_27/nmdial/snathan to add you to the I485 filing initiative. Thanks. If many more like you could join the battle...we'd be victorious by now....




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  • mna123
    07-30 08:04 PM
    Thanks Ray and Kondur for your replies.

    So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.

    But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.

    The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.

    Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP. Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.

    And one more thing how long does it take generally to get interview once a person has applied for CP ??

    I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here :-(



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  • malibuguy007
    07-25 07:05 PM
    www.ralphehrenpreis.com

    He is not cheap, but since my company was paying I didn't bother about the pricing. However the guy is very capable.




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  • diptam
    08-21 12:09 PM
    There you go >>

    1-800-375-5283 then 1,2,2,6,2,2,1

    bumping up??



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  • tnite
    03-17 01:05 PM
    Hi Friends,

    I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.

    I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.

    Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.

    Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.

    My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.

    Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.

    Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.

    Also is it common to have the PD box blank in the 485 receipt notice?

    Thanks in Advance!!!!!

    When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.

    Call USCIS custonmer service and see what they tell you.




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  • immi_seeker
    10-05 12:43 AM
    This Thread is to start the ball rolling for meet & greet for Arizona members. Arizona memebers especially the folks living in phoenix/Chandler/Gilbert/Mesa/Tempe area , if interested pls come forward and post on this thread.

    We could setup something in the near future (some weekend or friday)on october itself ) so we can get to know each other and discuss about any future course of action from a state chapter perspective.



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  • RandyK
    10-02 03:06 PM
    If the employer is in good financially, then somehow it was not proved to th USCIS when you submitted the docs for the RFE.

    If you can prove the company is in good fin cond. applealing probably is the best option than starting all over




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  • seahawks
    03-15 11:57 AM
    I also just emailed.
    thanks.

    just faxed my wife's and my FOIA letters too..



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  • Leo07
    06-18 04:52 PM
    But, I'm not sure if EB row would care that much...since their dates are ALWAYS current?

    Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.




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  • eb3retro
    08-31 01:14 PM
    Before voting, I saw the poll results, it said total number of votes = 9345. Then I voted "yes". The total no of votes still stands at 9345.


    try voting no, and it will increase by 500 votes.:D:D:D




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  • BornConfused
    07-03 10:21 AM
    u talk like a kid in class II.

    In the second grade you mean? And yet you're the one using "u" and in lower case letter. Chill and use your sense of humor if you have one.




    p_kumar
    11-30 12:22 PM
    As the IO officers explained to you, instead of approving some other document(s), USCIS wrongly approved your I-485 application.

    Regards
    K

    I wish the USCIS would wrongly approve my citizenship application even though i dont have GC yet:D




    CantLeaveAmerica
    03-28 09:48 AM
    guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.

    http://murthy.com/bulletin.html

    hoping big forward move.:D

    Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D



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