Saturday, June 25, 2011

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  • logiclife
    06-18 06:04 PM
    Exactly the same as mine (except that I needed to copy whole passport)

    That is the exact list my lawyer has sent me. Ditto. Also, he too asked for copy of all pages (blank and printed, every single page) of passport.

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    09-16 12:29 AM
    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.

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  • samswas
    05-13 08:39 AM
    I'm still waiting ... PD 6/12/2006

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  • pbojja
    10-20 02:10 PM
    4th grader at USCIS decides the future of highly educated people! What a "JOKE".

    4 th grader is born in the country where as all the highly educated people are not ..


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  • sudhakar226
    10-10 04:34 PM
    Hi Ps57002 good to see you here.
    I saw you in . I was h12GC in .

    My case also similar:

    PERM Applied - 04/24/2007 - EB3.
    Perm Approved - 08/14/2007.
    I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
    I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
    Received USCIS on 08/17/2007.
    Waiting for Receipts.
    Don't know whether it will be accepted or will get an RFE.
    Hey keep me posted on your status.
    I can be reached at or 862-754-8326.
    Good Luck.

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  • pmb76
    07-17 05:42 PM
    This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).

    My request to all IV members is to give me some advice that I can pass on to him.

    Please help !

    I think due to rescinding of the July visa bulletin dated July 2 there will be severe retrogression starting October 2007. Your friend should apply for I-485 now and he can turn in a follow-up I-485 for his wife after he gets married. You have to just hope that the priority dates do not become current before that. If there is any inklink of that happening in Oct bulletin I think he should try to get married sooner.


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  • som_yad
    08-14 07:30 PM
    I was also in limbo whether to apply AP now or no. My current AP is valid till Mid Jan 2009 And I am travelling india in Oct and will be back on 1st week on Nov. I decided not to apply AP now and will be applying renewal in mid Nov. Applied only EAD renewal.
    But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?

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  • logiclife
    06-21 06:25 PM
    I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
    her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
    on that assurance she left for India on September 15 and came back on Dec 28th and
    on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.

    Does this mean H1 is Invalidated as per Last Actions Count Rule.

    She has been working on H1 since then (not regularly though)
    and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006

    Has any one gone through the same situation.

    Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.

    One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.

    another one says she should file for H4 and quit working.

    She is totally clueless please help.

    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.

    Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.

    --Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.

    Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.

    Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.


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  • webm
    05-05 04:37 PM
    You missed the 2 year EAD and AP man. ;)

    This is still under review by finalized

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  • anuh1
    03-25 01:53 PM
    Yes you can recapture. Most of the people do the same way if they dont have enough time.


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  • shinjisakaru
    05-25 01:26 PM
    Fax sent

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  • bestin
    05-15 10:20 PM
    Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all

    My qualifications are

    Bachelors in engineering - 4 years
    Masters in computer science - 2 years in US

    Experience of 6 years in software dev

    My job requires BS+5 years only , Masters in not a requirement.

    Can I file in EB2 ...could you please elaborate your experience in eb2 .
    Yes You Can.My 140 is still pending in EB2 category.

    Mine is BE-4 Years
    7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.


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  • eadguru
    11-02 09:29 PM
    See Signature...
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/17/07.

    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/24 from VSC. Received 11/01
    AP - RFE for clear copies of PP 10/31
    No Finger Prints

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  • prabhu07
    05-21 12:42 AM
    (a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

    (b) I have an approved I-140

    (c) My 485 has not been filed yet

    (d) I just got my H1 approved and it would be effective from Oct 1 2008

    So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

    1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

    2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

    3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

    4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

    5) Within how many days of joining my new Employer B should I file my new I-140?

    6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

    7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

    Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.


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  • satishku_2000
    01-18 07:29 PM
    I log in every day to see whats happening with my I-140 , Mine filed in september and the processing date moved only 15 days in last month. It took 2.5 years to complete the labor and I think I am struck in I-140 here...

    Any one received I-140 approvals recently ? I just want to know what is your receipt date

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  • martinvisalaw
    07-20 02:05 PM
    Can I work on EAD without filing H1B-H4.
    After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer. Will this affect anyhow on my chances of approval of my AOS?

    You cannot be in H-4 status and work, even with an EAD. Either you have H-4 status and don't work, or you work on the EAD. H-4 status does not allow for work, even with an EAD. If the employer won't extend your H-1B, you just ned to make sure that you always have a valid EAD and an Advance parole so you can travel.


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  • chanduv23
    06-19 12:05 PM
    Story of my life :D

    Hindsight is 20-20, she regrets sometimes because its so difficult now (back then in the 70's they had given her a GC when she landed at the airport with all sponsorship documents), but I tell her whats done is done... they did what they thought was best at that point in time :) so no regrets!

    My dad who was here in 70s on a GC is now here after 35+ years on a tourist visa. He had a gettogether with all his friends of his time those who came here with him and we figured out that most of their children are ABCD and not doing that big or great but do carry tons of attitude towards people like us. I am glad that I am not like them, if I was born here, I would have grown as a ABCD and I am glad I am not, offocurse, the interesting thing to watch would be how our children turn out to be :)

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  • prashantkh
    07-09 01:37 AM
    Tom Tancredo is a very narrow minded individual with myopic vision, he seems to be in a state of denial. I think he wouldn't be able to further deteriorate the already messed up situation.

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  • Pineapple
    08-05 11:53 PM
    I put in "maybe", because I'm not sure of my schedule.. (I have to travel monday to friday..every freaking week.. I hate it more than you can imagine, but I don't have a choice there).. if my schedule changes, I'll be there for sure. I've updated my profile.

    Robert Kumar
    12-01 03:05 PM
    1) You can stay home even without any job, when you have EAD.

    2) Alternatively, work for this SAP if they could provide a job description similar to your past when an RFE comes your way.

    Chill out, you are good.

    I have one Question.
    How does it work, if I go to India to work for my company (same company which is into products development) for 6 months and then come back.
    Currently I am on H1B, and I also have EAD/AP. I am a July 07 filer.
    What will happen to my H1B in this absence when I'll not be paid in US, but as India office employee in India.
    And can I just come back using EAD/AP, do I need a new H1B approval again (current one expires Apr 2011)
    Will staying away from US create problems for my pending 485, or future EAD/AP approvals.

    10-05 03:06 PM
    Very good list of people in IV will help to bring visibility.

    I can understand CIR is held up/hostage etc, but once CIR is abandoned, and piecemeal
    strategy comes, IV does need greater visibility against competing lobbies like foreign nurse, etc.

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