Monday, June 13, 2011

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  • StuckInTheMuck
    07-18 09:03 AM
    My friends who applied after me got it and I'm moving in 2 weeks.
    In case your FP notice does not arrive before you move, you may want to arrange with someone to monitor your mailbox. I read somewhere USPS does not forward USCIS letters to the new address (assuming it is a permanent move), in which case the notice may go back undelivered.




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  • arsh007
    02-14 04:10 PM
    Guys,

    this doubt is bugging me due to recession fears.

    if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
    will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation

    If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.




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  • shana04
    08-05 01:50 AM
    Dear IVans,

    After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).

    My dependent (my spouse) has not received her FP notice yet.

    Questions:

    1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.

    2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work

    3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?

    Gurus, Please answers/provide your experience/suggestions to the above questions.

    Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.

    I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.

    Hope this completes my cases.

    Good luck to all and my best wished to every one (EB2 & EB3) mates.




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  • sertasheep
    07-11 11:42 AM
    NDTV wants to talk to members from New York from diverse nationalities. She already has one person lined up for a TV shoot today. This must happen today.

    Prerequisites:
    - Must have participated in flower campaign
    - Must be in New York
    - Must be from "diverse" nationalities

    Details:

    Sarah Jacob
    Special Correspondent, NDTV.
    172 Ludlow St, 3A
    New York, NY 10002
    646-280-6993
    sarah AT ndtv.com



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  • nb_des
    09-20 04:04 PM
    Even I don't see it. Seems like they have removed it.




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  • virginia_desi
    02-13 03:28 PM
    PD: October 2, 2002
    Country: India
    First Labor: EB3 (approved in May 2006)
    First I-140 approved: July 2006
    Second Labor: EB2 (filed in June 2007 and approved in December 07)
    Second I-140: Filed in January 2008 requesting retention of priority date
    I-485: Filed in April 2008
    Second I-140 approved in August 2008 with incorrect priority date
    Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
    USCIS email on February 9.



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  • letstalklc
    11-04 01:58 PM
    This is great news for huderabadis....no more chennai visits....we can save lot of time in travelling....

    We all should proud for having US consulate....




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  • waitin_toolong
    08-13 10:08 AM
    I think you misunderstood a point made there. Though it is possible to extend renew H1 for employer if EAD was used some time, but that is like recapturing that status and means fulfilling the terms of H1, by giving up on part time job.

    You cannot be on H1 and use EAD for second job at the same time.



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  • gc_rip
    06-18 12:48 PM
    Hi Gurus,

    Please comment on my situation.

    My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.

    I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.

    If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.

    1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?

    2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?

    3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.

    4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.

    Thanks in advance!




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  • letstalklc
    10-09 05:24 PM
    Good think is that they didnt put it back...

    I think we could see some forward movement in December Bulletin if spill over rule applicable, otherwise wait for september 2010......

    the only option is that VISA RE CAPTURE BILL.....



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  • return_to_india
    03-05 09:53 PM
    Transfer money to State Bank of India .




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  • vikasgarg24
    07-13 09:27 AM
    Done and forward to friends



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  • fromnaija
    07-28 02:25 PM
    If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

    Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

    If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

    If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.




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  • nightowl76
    08-27 07:22 PM
    I received renewed EAD cards a week ago. I had applied a couple of months ago. I noticed that the renewed EAD card also says 'Fingerprint not available'. My fingerprinting was done in March 08.

    Is this expected? Does anyones EAD card have a fingerprint on it?



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  • ChainReaction
    08-10 09:12 AM
    http://www.murthy.com/chatlogs/ch073007_P.html

    Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?



    Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.

    Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.

    Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?

    Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.




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  • Dhundhun
    06-25 02:16 AM
    Thanks for replying.

    For question number 3 can you give more details. What is AVR.
    Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.

    so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.

    AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

    AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.

    As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

    Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


    You have valid Visa.

    #1. You go to India and when you come back, you get new I94.

    #2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

    #3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?



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  • BharatPremi
    12-21 07:59 PM
    Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.

    Thanks for your help...

    Truth:
    ------

    USCIS has decided to keep EB2/3-IN,China,Mexico,Philipines applicants in virtual jail for an average 7 to 10 years. So in reality it does not matter what you choose. Whatever you select you will be at mercy of USCIS. Only one thing you should do, in my opinion, not to become monkey if your real goal is to achieve GC in short span of 4 to 5 years. As you hop trees add more number of years per hop. By the way this is the first month you see EB2 retrogressed.
    EB3 was in hell for last 4 years. So I am seeing at least 2 years for EB3 moving fast. Your category will be in real effect after at least 4 years of your filing and you can not predict what will happen after 4 years. Only one action is in your control and that is not to hop seeing short term gain."Exploitation from employer" OR "Temporarily seeing particular catgory moving fast or slow" are not good reasons for hoping in the path what USCIS has defined. SO if you try to cross that then you will be in this hell for more years. Whatever you select stick to it till the day you get your GC.




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  • CADude
    07-31 10:27 PM
    Mailroom indeed has to check all the documents(after cutting envelope from 3 sides, per operating manual). if clerk is not able to findout our checks then we are out of luck. wait for PD has to be current and refile.

    Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?




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  • carbon
    12-30 08:15 PM
    Hi,

    I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.

    My PD is June 2005 and I-140 approved on July 2006. I am thinking of
    changing my job. I am puzzling about the following questions:

    1. Can I change the job and use my 3 year extension for the next job?
    2. Can I keep my PD of June 2005 if my current employer doesn't revoke
    my I-140 ?
    3. If I apply for GC again with new employer and get my I-140 approved , can
    I keep getting 3 year extensions on that job ?

    PLEASE HELP!.

    Thank you,




    gc_kaavaali
    07-29 07:35 PM
    Please contact your local senator and explain your problem. Probably he/she can help you.


    I�m a legal immigrant, I140 approved and on EB3 waiting list, priority date 04/2006. I need to renew my valid SC driver's license that will expire on 08/15/2010. Went to SC DMV today and they confiscated my valid SC drivers license card, issued a sheet of paper (Letter size) with letter head "Temporary driver's license card" witho no photo on it. This "document" is only valid in SC. May take up to 60 days to re-issue my SC DL card. I'm a professional electronic engineer and my work requires to travel outside the SC state. Why do I need to be punished? Just because I am a foreigner! This is an interesting story where the SC and other states illegal Immigration Reform Act is affecting legal immigrants very badly. Is all about illegal immigrants or there is a growing xenophobia in the USA? If you are a foreigner but legally in this country you are consider guilty until proven innocent? Or all immigrants are consider illegal?




    ImmInd
    12-01 12:38 PM
    Yes! I have my H1-B Case Filing Receipt Notice with EAC number.

    I see the same message (as you posted) when I tried to see the status first time around Mid Nov. I thought it may take few days or a week to appear online (based on the past). But, same message till now!!

    Something is not linked right and may be due to some upgrade USCIS were doing in last few months. Not Sure!!!



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