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  • TeddyKoochu
    10-14 04:34 PM
    Spring 2010 (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=1615-AB82)

    Sakthisagar & RSM144 many thanks for posting, the spring document has a target date of Oct 2010, I believe there is a chance of this happening sometime with the fee increase, they will have a fee for this. Hope this rule comes into play it is good news for us.





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  • WeShallOvercome
    07-20 02:11 PM
    My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
    As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.

    about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.

    You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.





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  • h1b_forever
    08-13 01:52 PM
    I have heard for short term consulting projects, they are supposed to provide the duration of a project and say, it is for 3 months, h1 gets approved for 3 months

    Next project, get a new h1, so, if you add that up, they can collect 600 Mil





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  • xela
    06-10 12:51 PM
    It s been a while since i have said anything here, and mostly because it seems this has become a "everyones racist against indians" and everyone else isnt important kind of talk.

    while I understand most here are from India, please refrain from putting the ROW people down and make it sound like we have no wait at all. i ve been here since 2000 and started my green card process in 2003. I m just as frustrated, but I refrain from coming here and telling everyone how ROW should get all the good stuff and the rest can go to ....

    :(:confused:



    we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"

    We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
    MAKE A NOISE



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  • iwantmygreen
    04-22 07:33 PM
    Is there any way to know if employer has revoked your 140. I have an approved 140 & pending 485. After filing 485 I left my company before completing 180 days. Its more than 9 months since I left my employer. Will the status change on USCIS web if 140 was revoked.





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  • shana04
    07-21 11:37 PM
    http://infopass.uscis.gov/ .Please follow the instructions on the screen. Choose "You need information or other services " option.

    Wish you all the best.


    Thanks for the info



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  • snaidu
    06-28 03:46 PM
    I checked Rajiv Khanna's site , there is no memo to that effect.
    Also , I am a client of their law firm and they didnt send/email any memo to this effect.

    Could you please post the link?

    Thanks

    O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp





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  • Radhika
    07-09 01:38 PM
    Was this at TSC, mine is at NSC. My First I140 was approved, My company refiled after acquisition (successor in interest) and later upgraded to Premium

    Yes it is at TSC.



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  • starving_dog
    06-13 01:17 PM
    Was that 2007 you were referring to?





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  • pappu
    11-06 10:13 AM
    I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



    Thanks,
    Sury

    -------------------------------
    PD : Feb'07
    I-140 - Pending
    I-131 - Approved
    I-485 - Pending
    Center: TEXAS SERVICE CENTER

    Recieved EAD Card and FP done.
    -------------------------------

    with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
    However there is a silver lining:
    You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.



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  • mhathi
    10-01 11:00 AM
    Priority date needs to be current both at the time of filing 485, as well as at the time of approval. Hence, PD is very important even after filing. The issue I do not understand is how the applications are processed. Are they processed in the times only when PD is current, or are they processed regardless of PD but lie in pre-adjudicated status until the particular applications PD becomes current again (if retrogressed)?





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  • Bolt
    04-23 11:48 AM
    Hi Guys,

    I got the good news to share every one. got the approval . its wonderful

    Hi ,

    congrats! did you get an approval i.e 797 with i-94 or without it ? am in the same situation, my previous h1b was denied on mar10th 2009 (which was filed on march 24th 2008). i had a transfer to another company thru premium processing on 30th of march 2009 and got approval on april 21st.

    Please do reply.



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  • TO BE OR NO TO BE
    02-03 04:29 PM
    Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
    Hi Ryan,

    Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.

    Appreciate your help!

    Thank you





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  • lost_in_migration
    05-15 12:33 PM
    Is there already a poll like this for EB3?



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  • raghuram
    05-08 04:52 PM
    I have not looked around for last few years to see who gives the highest rate. There may be some difference of few paisa per dollar, but if you ignore that, ICICI money transfer is good. I am using it for many years.





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  • meridiani.planum
    02-01 11:23 PM
    Guys

    I recently got my 485 approved and got my card too. My wife's case is bit complicated.
    I would appreciate if someone can throw light on this.

    She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.

    I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.

    Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.

    But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?

    thanks
    mdy_tvr

    yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.



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  • fundo14
    02-19 12:36 PM
    Hi All,

    I wanted to share my experience at the port of entry using AP.

    Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
    Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.

    We have our 485 receipts/ approved EAD’s and AP’s with us.

    Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP

    At the Port of entry this is how it went:

    Officer: Very rudely asked for our passports & I-94
    We gave him our Passports, I-94 forms and Original AP’s

    Officer: What’s the purpose of your visit?
    Our Answer: To join back at our respective work.

    Officer: Work? Who’s the primary applicant?
    My answer: My wife

    Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
    My answer: But I have work Authorization (showed our EAD cards)

    Officer: That’s all bullhshit, does not mean anything…you can not work here.
    My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.

    Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
    My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)

    Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.

    After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.

    Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP

    The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.

    We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.

    I am worried if he has entered some nasty remarks on my case…not sure.

    Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:

    1. He assumed throughout that my wife is entering on H1 and I on H4
    2. Or he did realize his mistake but was too egoistic to accept it.
    3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??

    One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”

    In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.

    Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s

    Thanks!





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  • mps
    06-04 11:26 AM
    I had used 6 months of previous bank statement (original) and had mentioned the same in the letter written to consulate officer.

    Using that my parents did get 10 year multiple entry visa.





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  • saro28
    12-26 07:57 PM
    It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.

    agc2005,

    Thanks for the reply.
    I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.

    THanks

    Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
    Please send your experince.

    Can I make this expedite. As I planning to go to India in Jan.





    srh1
    10-28 02:31 PM
    Folks,

    Iam starting this new thread so that people will know what are the pros and cons leaving a company once GC is approved.

    1.What are all the things to be noted while leaving the company after getting GC.

    2.To be specific how long a consultant should be with company after GC is approved.

    3.Also once GC is approved and if the consultant is off the payroll for say 2 to 3 months will there be any problem while filing for citizen ship.





    piyu7444
    05-08 04:48 PM
    Hi, I am not an expert, quoting from things I have read in the past.

    Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.

    Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.

    Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.

    Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.


    Again, I don't consider myself an expert. so take this with a pinch of salt.
    Good luck.
    GCCovet


    Ron Gotcher has some FAQ on his website and it clearly states that informing will delay the process. I do not know how far it is true but thought I should share this info with you. Here is the question and answer from that document....

    Q: Do I have to notify the CIS that I have changed employers?
    A: No, there is no legal requirement that you do so. Indeed, doing so will likely result in the processing of your case being delayed. If the CIS asks you if you have changed jobs, you must respond fully and truthfully, but you do not have to volunteer any information.



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