Saturday, June 25, 2011

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  • webm
    03-17 11:49 AM
    ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.

    Very true





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  • sammyb
    10-15 04:29 PM
    Hi Guys,

    I Fedex my 485 package on July, 11th and it got reached to USCIS on July, 12 (I have the acknolegement) but still did not receive the receipt number. I am seeing who filed after me started getting receipt numbers.

    I am kind of concerned about it as I did not see any movement in my case.

    Any inputs Or wondering if anybody else facing similar situation??????

    Appreciate your inputs.

    Thanks,

    M

    did USCIS cashed your checks... just wondering ...





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  • kumar1
    07-29 10:37 AM
    d





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  • akred
    03-09 02:08 PM
    Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

    should be:

    Priority date is defined in two ways -

    a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

    or

    b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.



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  • wandmaker
    10-20 06:08 PM
    Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."

    When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?

    Thank you,

    This is a forum for lawful immigrants, not for unlawful.





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  • reddysn
    06-16 09:27 AM
    My lawyer answered that one can work on OPT-EAD till one gets their I-485 EAD. So I guess you dont need to worry. Better check with ur lawyer also.


    My wife has changed her status from H4 to F1 in last
    year. She will be on F1-studies till July mid
    of this year. Few weeks back she got her EAD for her
    F1-OPT, which will start on Aug 15 of this year.

    As I am going to file AOS for her and also EAD, will
    she able to work on her OPT-EAD till she gets her
    I-485 EAD? Or She need to wait till she gets her
    I-485 EAD to work?

    As far as I know she need to wait till she gets her EAD of 485.
    I sent a mail to lawyer he did not respond yet.
    She is going to meet her international advisor on this sometime next week
    , but he does not seem to be an expert in this area.

    any ideas on this one?



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  • sampath
    05-26 11:29 AM
    Thanks for the great work done by the IV Core Team, QGA and all Senators and their staff... For QGA, is there a specific person/address where we can send out thank you letters to ?





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  • ds37
    07-16 10:21 AM
    Hi

    My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
    Does her AP has to be applied before end of this I94.

    Thanks

    DS



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  • Env_Engr
    10-22 09:30 AM
    Has any July 2nd filer that got receipts / checks cashed in October, receveived EAD? I am still waiting and wondering how long this phase will last?:mad:





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  • hebron
    06-14 02:22 PM
    Hello All,
    My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).

    I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company�s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."

    My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?

    Thanks.



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  • cjain
    08-10 04:36 PM
    ...if you want...i'll post here..

    Great find..

    Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media





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  • Sakthisagar
    10-20 12:01 PM
    Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.



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  • permfiling
    06-01 08:26 PM
    I am one of those where I have I140 approved but waitting for visa num# and I know another person in similar boat.

    - contributed $500 to IV
    member of north ca chapter




    There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.





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  • pnjbindia
    10-08 03:46 PM
    There is no way to delay it. The only thing you could have done was, NOT send a document like employment letter, or didnt complete all vaccinations for medical. This wd generate an RFE, but at least wdnt catch you by surprise....
    No. Is there any way to get it delayed till my marriage ?



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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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  • yak2121
    03-25 12:36 AM
    We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D



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  • satyasaich
    02-10 09:24 AM
    First of all, you can go any consulate in india, which ever gives you earliest date.
    Nowadays, one can get a visa appointment within 10days. But have you asked someone in india to pay Rs.4600 in HDFC bank towards visa appointment? You have to send the first 2 pages of your passport (scan & email or fax) so that someone can carry that to HDFC to fill the application. It takes 2 days to get activated in the system. THEN ONLY, you can go online and provide all the details, look for dates available. Once you select the option of "citizen of india, but working in US" it opens up option to chose from any of the 4 consulates.
    Most important thing is YOU MUST carry the original HDFC bank receipt (yellow colour) alongwith your appointment letter (downloaded) and passport.
    Make sure that YOU WILL take the print out of the application (2 sides of the same page). Yes even in delhi also, you can take your passport personally on the next day at VFS office (somewhere in delhi). but to do so, you MUST present the pink copy of the HDFC receipt

    Good Luck
    Thanks everybody for your suggestions. Unfortunately canada is not a option. I have sent an email to Chennai consulate for emergency appointment request. Have to wait and see how it goes. Will update you all with any information I find out.

    Thanks





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  • immi2006
    05-24 09:14 AM
    If you want to make decisions do it based on career progress not on GC.

    I seriously doubt if you can get your GC IMHO, reason being with 7 % of 90000 being a small number for any country. Particularly India / China, DO you know something - there are thousands in line from 2002 onwards waiting to file 485.

    Even after 10 years of wait the number will still not be enough to fill the 485 backlog. I do not want to sound as someone not wishing you well. I am touching on ground realities.





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  • Hermione
    09-25 03:52 PM
    My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......

    As soon as she starts using her EAD, she will lose her H4 status and will be in authorized presence. That is kind of a temporary presence based on her pending I-485 (neither EAD nor AP provide any additional status), which is not status, but perfectly legal. When she travels with AP, she may either get admitted as H4 again (and lose it again when she starts working), or she may be paroled into the US, which means that she will be in authorized presence.





    bugmenot
    03-29 02:06 PM
    does IV have any new updates on the OPT extension? as far as i know the request has been on to DHS from nov but nothings been done about it?





    bhasky25
    10-11 12:45 PM
    Hello guys,

    I need a clarification on the process. Here is my scenario

    1. PD : Feb 2004 EB3 India
    2. 485 : Filed during july 2007
    3. 140 : Approved on jan 2009 --> Revoked by my previous company on 12/23/2009
    4. AC21 : Used AC21 to change jobs in Feb 2009. Transferred job using H1B tranfer and got it for 3 years(valid until Jan 2012). Changed jobs after 500 days of applying 485.
    5. EAD and Ap is not valid(did not renew it as I chose to maintain H1b). I let it expire in 2008.
    6. The new company would not file for EB2 as my current job description does not qualify for EB2. They are willing to refile EB3 petition. I was not interested in doing it.

    My question is:

    If I want to get my H1b renewed again @ Jan 2012, it is possible to get it renewed for 3 years by using my previous 140 approval even though it is revoked by my previous employer ?? If that is not possible, what are my options to maintain my H1B.

    Appreciate your insight.



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