Sunday, June 12, 2011

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  • phigi
    03-28 12:35 PM
    your payroll should be run against the place of your work and not your employer's state!
    This is important!!!





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  • nivasch
    11-22 05:27 PM
    Arnet

    better check with your immigration attroney for your situation.

    It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.

    regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.

    If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).===>I Just want to input my exp.. here , i am using my AP ( i used Twice as of now) and still working on H1. Only thing is i am still with same employer, who filled my GC and recently i got my 3 year H1 Extension also.
    also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.

    some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.

    good luck.





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  • Lionel Messi is 1/1 to score



  • waitingGC
    03-09 08:50 AM
    The OVERFLOW from EB1 and EB2 is directly going to EB3!

    Yes, however, i think the overflow from EB1 and EB2 goes to EB3 from other countries than Indian or China.





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  • immitul
    08-13 09:43 AM
    You are right, this does not belong here either. No information other than EMPLOYMENT BASED LEGAL IMMIGRATION belongs here. End of discussion

    I do not come to IV for news like this. Definitely it doesn't belong here.



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  • mnkaushik
    07-19 08:20 AM
    I am not entirely sure but there is a provision called "Follow to Join" that allows you to apply for spouse's 485, 6 months after your 485 is approved. The only condition you need to satisfy is that you should have married your spouse before your 485 approval date. Ask your lawyer about it. I think you should be fine. About legal status since your spouse's 485 is rejected and ur h1 is invaldiated due to your 485 approval, i dont know and you need to aks your lawyer about it.





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  • vverma17
    08-19 06:44 PM
    Jingi I might not be able to help you, but I am also expecting RFE for my wife. Just anxious to know what was you RD and at which Service center.



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  • HopeSprings
    09-01 06:19 PM
    I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.

    We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.

    I really for your help in Advance.


    Thanks,
    Lotus

    Call USCIS to find out about your case. My friend's I-485 (Primary) showed an updated status but his wife's status was unchanged. When he called USCIS he was told that 485 was approved for both..just that his wife's status was not updated.





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  • logiclife
    08-02 11:18 AM
    EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.

    I was contemplating on job change before dates became current in June and decision to accept 485....

    Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).

    Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).

    So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)

    (I am single and those complexities are not to be considered I guess yet.
    Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)

    EAD is really worth having, especially in IT, because finding jobs with same or similar job description is not difficult.

    Even if not in IT, the ability to start working for someone without bothering that employer to sponsor your H1 is a HUGE PLUS. HUGE and I mean really really really HUGE.

    Also, if you are in IT, and if job market becomes worse, then employers have more choice and during those times, they get picky and choosy and ask for candidates who have work authorization (Meaning, EAD or GC or citizenship) so that they dont have to sponsor H1 and go thru those hassles. (employers get sick of USCIS delays too).

    Therefore, whether you want to stay with same employer, or change to new one, having EAD is a big benefit because having EAD is same as having GC (after 180 days of 485 filing) with one caveat : with GC, you can change profession, or stay at home and not work....with EAD, you need to work and you need to be within the same job description.

    Not to mention, the travel benefits. When 485 is pending, in addition to EAD, you get AP for travel and AP is guaranteed re-entry after a visit outside USA. IF on H1, you need to have H1 stamp and if H1 stamp on passport is expired then you have to spend time gathering documents and getting consulate appointment and getting H1 stamp -- Something that causes unneccesary anxiety and too much heartburn and potentially ruins the vacation due to anxiety.



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  • hopelessGC
    04-28 12:02 PM
    I found this information (probably posted before already), which could explain a little more about USCIS "pre-adjudication" procedures. It definitely provides a glimmer of hope and peace for those stuck in retrogression.

    Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html

    I am posting information form this article that might interest the readers:


    The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:

    1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
    2. Duplicate: the A number associated with the application has already been authorized; or
    3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.

    Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.

    According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.



    Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D





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  • perm2gc
    11-07 04:09 PM
    My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?
    if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.

    good luck!!!



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  • sri1309
    12-15 08:56 PM
    I have a similar related question,

    PD04,LC 10/06.
    I am a 07 filer, got FP notice for Oct 07, got it done, got EADs and APs , renewed them twice. But what about finger printing. Do I need to get it done yearly, if so, I got no notice so far.

    Please advise, thanks a lot in advance,.

    Sri,
    In any case,
    please keep writing to barrackobama.com and under agenda. . (All, please keep this as your signature, that way we can get some more people register and write to him.. we need action.. )





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  • Berkeleybee
    05-24 11:42 PM
    All,

    Please post send confirmations in the main fax and phone threads listed above.

    Thanks!
    Berkeleybee



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  • newuser
    09-01 09:52 AM
    Please see an attorney.





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  • pt326bc
    08-03 10:33 AM
    I 140 is for a future job.

    You certainly could use an approved I 140 from Comapny A while applying for an H1B extension (doesn't matter if it is Company A or B which is sponsering the H1B).

    The critical part here is I 140 should be active (meaning shouldn't be revoked).

    Of course if you do apply for an extension beyond 6 yrs (and get it for 3 yrs if your PD is not current); AND at that point I 140 is withdrawn (after approval of H1B) then you are in a grey area.

    Technically if an H1B is approved then it cannot be revoked by USCIS for the reason that the I 140 on which it was based has been withdrawn. But in the current atmosphere who knows!

    Again this is not legal advice, just an opinion as I am not a lawyer!

    Regards.



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  • number30
    11-24 04:06 AM
    Hi All,
    I am self-filing my i-131 application this week. Here are the briefs about status:

    Current Status: Working on EAD, 485-pending (July 2007 Application)

    I am dependent on my husband's green-card application. I used my 6 years of H1-B and started working on EAD about 6 months back. We never applied for AP before. My husband extended his H-1B beyond 6 years as I-485 is in process.

    I am tryin gto find complete list of documents for the application. I am planning to travel on Caribbean Cruise on Feb 27, 2010. I hope to get my AP approved by then. To avoid any RFIs I wnat to make sure I am sending everything that is needed.

    1. Completed form I-131
    2. 2 Photographs (size 2x2) with white/grey background. Head height and eye positions as per USCIS guidelines.
    3. Copy of EAD
    4. Copy of I-797C (I-485 receipt)
    5. Copy of Arrpoved I-140
    6. Copy of all pages of Current passport
    7. Copy of all pages of expired passport
    8. Copy of Driver's License
    9. Marriage certificate (do I need this? Because I am am dependent on my Husband's 485 application)
    10. Birth certificate (again do I need this. but I read somewhere)
    11. Letter explaining why I qualify for AP (is there standard format for this? )

    I really appreciate all help regarding this. I read many posts but most of them were about renewing AP or EAD/AP together.

    Thanks a lot.
    Usualy Following is the list
    AP application
    2 photos Photo
    Check
    I-94
    A letter explaining why you need AP(sample letters from ),
    Copy of I485 receipt
    Covering letter
    Copy of Arrpoved I-140
    Marriage certificate





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  • paragpujara
    10-14 10:19 PM
    Friend of mine got her DL renewed for 1 yr based on EAD as her h1b extension is not approved yet.DMV ppl look at her EAD and renewed her DL for 1 yr without any questions. So i guess you are fine with yr DL extension for 1 yr. As per my understanding and some of the posts , i think you won't loose yr H1b status as you are not using EAD for employment. And answer to yr last question is my frd got her DL renewed in VA only. She got it at DMV on Gallows Road, VA (it's in Fairfax,VA). Hope this helps.


    My DL is going to be expired in Nov and I have H1 stamped till Jan 08. I received EAD till Sep 08. I am planning to go to DMV to renew the DL. I will be carrying EAD and Passport (with H1b stamp). Please note that I have not applied H1B extn so far. I have following questions:
    1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?
    2) If they extend DL based on EAD, will I loose H1 status as I used EAD?
    3) I live in VA, can someone pls share his/her experience in this regard ?

    Thanks



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  • ttdam
    11-04 01:52 PM
    Hi

    I got soft LUD on my I-140 today (11/04)
    My I-140 was approved few weeks ago @ TSC

    Any clue what this soft LUD might be related to ?

    ==========================================
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/12/07.
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/19 from VSC. Received 10/29
    AP - RFE for clear copies of PP
    No Finger Prints





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  • telekinesis
    10-14 07:22 PM
    Thanks again! You should get a www.deviantart.com account, I am sure you would get some nice feedback!





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  • ps57002
    09-23 09:51 PM
    http://video.google.com/videoplay?docid=-1999333595666035699&hl=en

    Voice of America coverage. (in Hindi)

    lol funny to see myself in there..i have a shaky voice lol...eeks..wish i could hide...





    ImmiLosers
    09-30 03:19 PM
    I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?

    No, I went for my 2nd FP last week. I asked USCIS (800#) the above question.
    It is done once. Looks like FP and Name check are different processes.





    paskal
    10-23 02:35 PM
    pretty please..

    can't say no to that!
    really iv members- no one should have to beg for a couple of hours of your time. this affects us all. it's really a small request- a booth at a diwali mela...now that is hardly the worst thing you could do with your life and time. please don't reduce your leaders to this.



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