Sunday, June 12, 2011

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  • f_b_2007
    07-19 10:10 AM
    guys,

    NSC received my application July 2nd (concurrent filing 485/EAD/AP..)

    1. When do the 90 days wait start counting? From July 2nd? (that would mean I should receive my EAD by 1st October.

    2. I read walk in centers is a service not provided by USCIS anymore. However, cannot find conclusive information (many people say they still do). What will happen then after the 90 day period? How can I get my interim EAD if it does not arrive on time?

    Thanks for your answers and for answering to new thread :-)





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  • totalvisa
    04-26 10:51 AM
    The funny part is that I did use premium process and still took them 4 months...apparently they had made a mistake and process it as non premium and still took the extra $1,000... Im not sure if I am having bad luck or what else to think.

    So I emailed Immigration and asked them about the 1 day H1b visa hoping they would tell me they made a mistake, but their answer was that it was not a mistake, that in fact they gave me 4 months and 1 day. But how did they give me 4 months and 1 day? I couldnt work during the 4 months I spent waiting for their answer, how is that the same thing? I know there is a mistake somewhere along the road, but I dont know how to address and/or what my possibilities are...

    Also, along with my bad luck PERM was denied a couple of weeks ago because it was not signed by me. The PERM got audited while I was out of the country last year so my lawyer at the time sent a revised copy of it but I couldnt sign it because I wasnt in the country, (this was all explained in a letter we sent along with the package). I sent an appeal a couple of weeks ago and now Im waiting to hear from them.

    My case has become very complicated! Any suggestions?





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  • black_logs
    02-18 12:08 PM
    Yes, most of the states are going to implement it. It is allready existing in P.A. and I know atleast 2 people who's friends picks/drops them to work. It's a shame, living in this country for 6 years and suddenly your DL is snatched away. Getting 3 years H1B extensions in all circumstances is on of our main agenda at iv.org please see our brochure in resources section. This will solve atleast some part of the problem.





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  • GCard_Dream
    09-20 05:31 PM
    How does that help us?

    .. by trying to get our provisions included in this bill .. Duh..



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  • gcseeker2002
    02-12 05:14 PM
    If you have approved labor and 140, why you want to file EB2 perm?

    1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.

    2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.

    Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
    Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.





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  • GCBy3000
    09-07 06:53 PM
    This poll should also collect the year of PD and whether they have any dependents.



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  • srikondoji
    04-26 07:50 PM
    Berkeleybee
    Done editing my blog.
    Thanks for correcting my blog.

    I will also post a textual link on my online party invitation website where several indians visit and send their party invitations.
    Currently there are 2 indian families celebrating housewarming party using my website with close to 75 guests and i have several email id's who in the past have used my website.
    I hope i atleast get the attention of few indians to this website and our cause.
    Thanks again for the hardwork.
    sri





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  • NoEnd
    07-09 05:43 PM
    I am in the same boat here. It took a huge effort to convince new company to process H1 and now their attorney is saying they can not file H1 unless I140 and LC copies are provided. My current company does not provide those documents.

    I140 approval is more than 180 days. Please help guys

    Thanks
    NoEnd



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  • kshitijnt
    12-02 06:07 PM
    I am in US right now on H1B status, I've my wife on H4 status, I'll be leaving to renew my H1B again, but I heard that some people get their case under review for months, so I am planning to re-enter to US using my AP in case this happened to me.

    My question now:
    Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD


    If you can provide me with some links on USCIS supporting this, it would be great

    Yes in that case your wife will be in AOS status. As long has she has a pending 485, this should not matter. Her status is always tied to your status.





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  • Refugee_New
    08-02 12:23 PM
    My PD is Feb 2002, EB2 and 485 ND: 06/15/2007

    I renewed my EAD last month believing that it may trigger GC approval.
    Today i received my EAD renewal for 2 years. Expiry date is July 25, 2010

    Having oldest PD and receiving 2 yrs EAD, is it a good sign or bad? Please let me know.

    Thanks



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  • bbenhill
    12-02 06:21 PM
    When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).

    When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).

    BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.

    my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.

    ps : if this helps u, give me green ... :D

    Thx




    My wife is not on AOS status, she's only H4, what I am asking about here, if I used AP would this void her H4? Because as far as I understand, her H4 status will only be void if I used my EAD not AP





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  • mwin
    12-05 04:03 PM
    One of my friends with his April, 2004, EB3 PD got his 485 approved.
    No wonder they usedup 30% of Visas.



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  • Ramba
    03-28 01:46 PM
    The Advance degree + 3 years of experience on H1B are not just a matter of fact formulation from the senators. It�s an effort to revert back to the 60�s through 80�s formula where the only way to immigrate to the US (at least for Engineers) was to pursue a master�s degree in the US and then adjust their status to a PR. There is a growing demand from academic institutions to revive this culture. America wants people to study here, specialize in evolving technologies and drive the technological innovation. Every day we see posts on this forum of folks wanting to include laws and regulations to fix the situation that they are in. We need to have a unified front with a common goal. May be we should learn from the �less educated� Latino community. They probably do not have the internet media to rally support but boy did they have their voice heard with ONE COMMON AGENDA.

    I agree with you. All the peoples want to fix the problem currently they are in. We should have a comman, broad sense goal.





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  • MrDesi
    02-07 04:36 PM
    you are the kinda guy who is screwing up everyone by filing unnecessary labors, too many I140 and clogging the system for genuine people. Shame on you.

    Hello , Basically i was working in company B for a long time and they applied GC. Then I shifted to comp A and filed labor recently.

    The company B was not doing good and for safety sake applied GC in company A also

    Regards



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  • GCBy3000
    07-21 03:56 PM
    Hi,

    Thanks for contributing to our common cause if you have already done. If not, I would like your to contribute to IV. Every member in this forum has different issues and IV is working towards most of the issues.

    I got stuck in FBI name check for over 2+ years (24+ months)... run out of
    patience or anything :mad: . I now decide to sue them by filing writ of mandamus in court. I'd like to have an experienced attorney do it for me. I'm looking for an attorney who is responsible and responsive, has been successful in filing writ of mandamus for clients to get the name check moving. If you know/use any attorney like this, would you please let me know by emailing me or sending email to prof_risk at hotmail dot com, thanks a lot!

    I live in Maryland, I'd like the attorney to be located in great DC area.
    I really appreciate your help





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  • div_bell_2003
    01-09 04:40 PM
    USCIS will give you 2 years EAD if there is no visa available for you i.e. if your PD is currently retrogressed, although we got 2 years EAD in August 08 when our PD was current, which gave me a fair enough reason to believe the "no visa left for EB2 I/C" news that was floating around then :)


    What conditions to be met for getting 2 years renewal? Anyone...
    I am about to send my package to lawyer for AP/EAD renewal, URGENT!



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  • gcpadmavyuh
    10-07 11:08 PM
    Hi Parimmigv:

    Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.

    If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.

    If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.

    485 iteslf is a separate status called the adjustee or parolee status.

    Now to your questions:

    1. what status am I on right now ?
    Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.

    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.

    No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.

    3. How to move to EAD as I don't want to pay payroll fees ?.
    Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.

    BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
    attorney. I'm 99.99% sure of this.

    good luck!
    Hello:
    Can some please help me here ?.

    Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.

    I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-

    1. what status am I on right now ?
    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
    3. How to move to EAD as I don't want to pay payroll fees ?.

    Thanks,





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  • Cloakendagger
    06-15 12:36 PM
    Also you could shoot up the small band market. Thats how I got started. I was managing bands then they asked me to build their websites. Go to a local club or venue on local band night and hand out your card.
    The nice thing about bands is that are willing to push the limites on what one can do with flash and webdesign in general.
    Cloak





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  • snathan
    02-01 09:59 AM
    You did substitude and want to keep that PD. ...:p

    But you wont be able to do so....:D





    ps57002
    09-04 05:12 AM
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    guitarbam
    01-24 10:40 AM
    just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.

    I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.

    FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?

    Please help and Big thanks



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