Sunday, June 12, 2011

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  • small2006
    08-31 10:15 AM
    Looks like this is only for renewals

    A colleague of mine (not India or China) got her EAD card in mail within a month of applying. Her 485 has been pending for more than a year.
    Another friend of mine from India got his approved within 60 days of applying.

    Doesn't all these mean that the interim EAD (or whatever you want to call it) is still possible and we can get it?

    I am confused.





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  • jy1021
    02-12 10:35 PM
    I am holding H-4 visa, last week, I made an appointment in Ottawa consulate so I want to get my H4 before I go.

    My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).

    Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.

    Good luck.





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  • Bhaskar_80
    06-10 02:29 PM
    Thanks for your immediate response, gnutin and thomachan72.

    Mr.gnutin,

    Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

    As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

    1. If my labor from my previous employer (A) is approved (which in my case)
    2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

    Thanks and Regards,





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  • bombaysardar
    07-26 11:40 PM
    keep it up! :) :)



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  • panini
    03-15 01:24 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!!!!!





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  • Munna Bhai
    01-07 11:23 AM
    can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
    thanks for your replies.

    Yes,but it has no effect on your GC.



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  • hkusumadi
    03-27 01:45 PM
    And this "attorney" was actually paid for filing this PERM application?

    The educational requirements specified in the PERM may give you some room to wriggle out of this.
    Yes. I have paid quite amount of money to fill the PERM application.
    So, what you are saying that I actually can continue the process?





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  • dealsnet
    06-18 03:07 PM
    In AOS, you are in status, even if you are not working. But you must have a valid job offer in hand. They must employ you immediately after your GC approval for the job with same description and salary. Any time USCIS can ask for the job letter.
    For unemployment benifits, I don't know.
    For empoyment based GC, candidates are suppose to work till get GC. Small gap is ok, if you have job offer. If you are laid off by the GC sponsering company and they are no longer in business means, you are out of status, if no other job or offer in hand.



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  • bestofall
    07-30 12:19 PM
    URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL

    --------------------------------------------------------------------------------

    House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.

    Majority Members (Democrats)
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Sheila Jackson-Lee (D-TX) 202-225-3816
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Linda T. Sanchez (D-CA) 202-225-6676
    Artur Davis (D-AL) 202-225-2665
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Minority Members (Republicans)
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member]202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035





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  • frostrated
    06-21 01:55 PM
    By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
    Lookup a similar thread(removal proceedings) in IV.
    Get legal help before making a decision like that.

    taking unemployment benefit is not public charge. while working, you pay into the unemployment. everytime you work, you and your employer pay for umemployment insurance which is managed by the US government. But to be eligible for umeployment insurance benefit, you have to be a legal permanent resident or a citizen.



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  • sixburgh
    08-13 12:25 PM
    Did she get Paystub, If not you are good.

    I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.

    USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.

    She did work and yes she got paystub's.
    Oh boy.
    I am deeply worried now.
    What is the corrective action for this?





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  • andy garcia
    07-30 02:54 PM
    but we do get the original FP notice , right?

    That is correct. I meant Lawyers get copies. we get the originals.



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  • gchopefull
    10-02 02:22 PM
    I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
    here is the case history.
    LC-Feb-2005.
    I-140 filled march 2007
    I-485/EAD filled July-2007
    EAD approved/EAD card arrived 15 Sep 2007
    I-140 RFE August 2007(A2P)
    I-140 denied 27th Sep 2007.
    my question is,
    what are the options do I have?
    my employer is talking about appeal.
    since the original I-140 is denied will the 485/EAD will get cancelled too?
    is there any way to port the LC date?
    what are the chances of appeal/approval?
    employer is in good standing(financially).
    any suggestions,input will be highly appreciated.
    thanks





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  • sniffing
    08-10 11:54 AM
    on the same line i have a question about adding my Spouse to my 485 when she on F1 Status. Will this cause any issues? Please share your thoughts

    Thanks..



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  • samuel5028
    04-05 05:35 AM
    If its illegal, then you have to consult an attrony.





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  • skumar9
    07-26 01:22 PM
    Can you please let me know which application you used for this renewal. Mine is also going to expire in another 6 months so i thought of renewing. can you please let me know fees also...http://www.indiacgny.org/appl_forms/Form4.pdf

    is this the application that you used for renewal...please reply...thank you...:)



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  • Carlau
    01-08 04:48 PM
    Because this is the case where it is not clear if the H-1B was applied for before or after oct 2006 and if the H-4 was in H-1 status ever before.





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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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  • rajenk
    08-12 12:46 PM
    Thank you all for your response.

    The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.

    Questions:

    1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail?
    2. If that is the case then in my situation should I safely assume my wife's application was rejected?

    Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(

    My PD is 11/30/05 EB3

    Thanks
    Raj





    smidreb
    08-04 01:10 PM
    We need much more info to help out.

    1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
    ..............?[/QUOTE]
    --She is on H4

    2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
    ..............?[/QUOTE]
    --He had filed his 485 before she got married to him.





    godbless
    06-29 11:28 AM
    Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.



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