Friday, June 24, 2011

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  • vishwak
    03-09 12:41 PM
    Hi All,

    Please advise me on status below.

    My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
    Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
    My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.

    Thanks,
    Vishwa.





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  • Gravitation
    09-11 10:25 AM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.

    Apply for EAD and AP asap.
    If you change your job yourself in less than six months... there may be trouble... but...
    If you get laid-off in less than six months after filing I-485, you'll be fine (GC wise). You'll need either H1B transfer or EAD to work... but you'll not be out of status. After you file I-485, you're a parolee till the final decision on your I-485 application has been made.

    Good luck.





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  • gsthantry
    12-31 05:17 PM
    +1 from Dallas





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  • ArkBird
    10-28 02:05 AM
    If it is EB2, forget about it. EB2 and 3 yr degree is big No No. If it is EB3 (seems unlikely as you filed in 04/2007 and EB3 was not current) consult good lawyer and file MTR.

    HTH



    - Pre-approved labor dated 03/2004
    - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
    - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
    - 2nd RFE on 140 after 30 days - Education mismatch - Again responded
    - There was no response even after 60 days, so we called and created a service request.
    - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

    The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

    Please advice what are options available for me.



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  • snathan
    05-15 10:49 AM
    Hi Pappu,

    How about 10000+ people sing a single letter and send it to every congressman/woman or senator. When you ask people to send letter to all congressman/woman they won�t. But i believe they wont hesitate to just sign one letter. Let me know if it�s useful





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  • SGP
    12-09 02:15 PM
    Good to see at least some movement in EB3-I



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  • brij523
    11-07 12:26 PM
    brij523.. Taking time out for IV even though you have your GC

    My Pleasure!!





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  • sircaustic
    07-24 08:49 AM
    so should I be answering "Yes" to all three questions? No sure if that would be correct though...



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  • guyfromsg
    07-30 08:14 PM
    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.

    By getting EAD you are not using it. When the company submits new I-9 form along with EAD that's when it get's "used". I'm in the same boat, will keep extnding H1 and also keep EAD as a backup





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  • rksaigal
    06-19 05:48 PM
    Let me enlighten you folks here who are talking about double standards.
    First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
    Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?



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  • sk.aggarwal
    05-22 11:26 PM
    This is because, you dont need to file two I-129s. Don't worry, USCIS hope fully will give you one year+ 4 days extension... provided you have client letter for such.

    BTW, last year, I specifically asked my attorney, if we need to file two h1s - one for recapture and another one for 7th year extension. And she told me only one is enough...





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  • surabhi
    05-21 09:54 AM
    from one of the attorneys. Not sure if anything changed in past 18 months.

    Attorney_13
    Attorney posted December 08, 2006 03:06 PM
    --------------------------------------------------------------------------------
    If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.


    Attorney_13
    Attorney posted December 20, 2006 05:00 AM
    --------------------------------------------------------------------------------
    What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.



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  • stuckinretro
    04-16 04:21 PM
    When you filed for your 485's did you check the column and mentioned each other as dependents and mentioned each other's A#'s? If not each of your applications would be processed separately. When you replied to your RFE you should have written a letter to them about your husband's case.

    Should we wait until my PD becomes current, to try to link our aplications? Is that necessary? Is there any danger that my husband's 485 application might get lost if USCIS denies our request to link his case to mine now since my PD is not current?

    Don't know if this matters, but just this week, I got a RFE for employment verification. We have now sent necessary documents as requested by the dept.





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  • Flashbaby1010
    10-27 12:04 PM
    I didn't see my post listed. Here's a link to the thread
    http://www.kirupa.com/forum/showthread.php?p=2511972#post2511972


    Hi everyone,

    Here is a list of all entries currently submitted to the Buttons contest:
    Church Time by birdwing (http://www.kirupa.com/forum/showthread.php?t=336684)
    SplasH by sb0k (http://www.kirupa.com/forum/showthread.php?t=336746)
    SimpleButton by Scythe (http://www.kirupa.com/forum/showthread.php?t=336944)
    Always wear a smile by xxxheeroxxx (http://www.kirupa.com/forum/showthread.php?t=336981)
    Brrrr! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337076)
    Flower by flocke (http://www.kirupa.com/forum/showthread.php?t=337163)
    Farmyard: Baa! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
    Farmyard: Moo! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
    Farmyard: Oink! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
    Farmyard: Cheep! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
    KirupaScript by idark (http://www.kirupa.com/forum/showthread.php?t=337154)
    First Alien on the Moon by excogitator (http://www.kirupa.com/forum/showthread.php?t=337251)
    LOST! by ritwik_ind (http://www.kirupa.com/forum/showthread.php?t=337623)
    If you don't see your entry in the list, please send reply here with a link to your thread.

    Cheers!
    Kirupa :)



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  • kcforgc
    06-08 10:04 AM
    did you provide social security number? temporary license can be issued only if you do not provide social security number.


    Yes, they take all copies - SSN, I797, passport everytime the license has to be renewed. More frustrating thing is they only issue a paper license which is valid only for 30 days and the card is mailed in 3-4 weeks from Tallahassee (State capital) after they perform immigration & background check. This paper license can't be used for ID purposes.





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  • gc_chahiye
    07-16 06:47 PM
    ...
    If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though ...


    do you know this for sure? (ie. do you know someone for whom USCIS returned the second application as a duplicate because one I-485 was pending)?



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  • gcnirvana
    06-21 12:58 PM
    You can try other CBP but the best option is to go out of USA (maybe to mexico) and come back with a new I94 valid till Oct 2008. Don't forget to handover both the I-94s (one in pp and 797) while you go out. HTH!

    my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.

    i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!





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  • saibabu_d
    07-12 01:30 AM
    The following comment made by other member looks inappropriate to me:

    "Schwarzenegger cares for Kali-4-nia. He should support legal immigrants as a lot of this community lives there. Where? In Kali-4-nia."

    I learned that it is not difficult to meet governor; he also have good reputation with Bush ( so things might change in our favor).





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  • luish73
    07-14 08:46 PM
    You can also see how Europe's disintegrated political structure allows it to send far more than the 9800 limit.
    Please remember than Europe is not a country





    sayantan76
    04-09 07:44 PM
    I would answer this:
    The best realtor is the one who can give you some money back from his commission...:)
    Dont rely on the realtor to determine the home price for you. DO some homework...compare homes in the vicinity and come up with a price thats reasonable and mos importantly AFFORDABLE to you.
    Is it legal for a licensed real estate agent to share commission with a non licensed person - like a buyer?





    ascetic
    04-30 11:49 AM
    Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.

    I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.



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