Wednesday, June 15, 2011

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  • msr999
    08-14 07:46 PM
    Thanks ConchShell.

    By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.




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  • pitha
    07-12 10:40 PM
    Please dont gets your hopes too high. I am not saying this out of scepticism but out of the depression and pain I experienced on july 2 when the evil uscis said they will reject all 485 applications.

    I understand the good natured thought behind IV stating this possibility of "good news", but they should have held off on the announcement until it was confirmed. So many people are unnecessarily getting excited. god forbid if this news fails tommorow I can only imagine the pain the people would experience.

    I can only pray and I will pray without getting excited.




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  • chi_shark
    06-16 09:43 AM
    1) yes stop working
    2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
    3) if you work without ead, you will be working illegally.
    4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).

    even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).

    hope this helps.

    Hello :

    My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.

    If I don't receive my new EAD card by July 28, 2010, then

    1) Will/Should I stop working?

    2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

    3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

    4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?

    Any response to these questions will be highly appreciated.

    Thanks!




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  • drirshad
    04-21 08:40 AM
    http://hammondlawgroup.blogspot.com/

    Thursday, April 19, 2007
    Crystal ball gazing

    Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes�

    Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June timeframe. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.

    In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.

    Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.



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  • avi
    04-17 01:51 PM
    I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?

    If I do so, what will be the status of the I 485 application after H1B transfer?

    This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?

    All help appreciated. Thanks all in advance.

    I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
    To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...

    A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.

    I may be wrong .. but this is how i perceive it


    Peace.




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  • jsb
    10-29 01:56 PM
    [QUOTE=PDOCT05;189726]It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)
    QUOTE]

    Wish you all the best. It is too late to learn that one should not leave everything to the lawyers. Accuracy of info, signatures, etc. need to be thoroughly checked by us, the filers. Lawyer is doing this work for several people, and they want to spend least time on each. We, understanding the impact, are prepared to spend little extra time for checking thoroughly.

    What tactical explanation is he going to give? May be he should say that it was signed but USCIS guy did not see it. Or, ink was bad, and evaporated, etc. "Fogot" will be difficult to make them accept.



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  • ruchigup
    06-02 01:49 PM
    I know it is overwhelming, when we get email from USCIS about RFE. But be patient it is generally for employment verification, birth certificate, medicals etc. If there is one for spouse it could be for marriage verification.

    You need to wait at least 7 days before you should call to check with them. But 7 days is fair time, and 80% (no data backing) of letters are received by then.




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  • champu
    02-19 06:21 PM
    Also, how USCIS knows I am working on EAD and not H1B (assuming I have valid EAD and H1B)



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  • eager_immi
    08-01 09:41 AM
    Firstly you are in the wrong thread. People are not here to answer your questions at ur beck and call. There are enough threads on this topic, so please dig for ur answer urself. hello .....somebody ans meeeeeeeeeeeeee




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  • bebar
    05-20 02:03 PM
    Guys

    Is there a similar streamline process for Nebraska Service Center. My case which was pending for nearly two years at TSC just recently got transferred to NSC and my PD will not be current starting next mont. Is there any thing that I can do in the next 10 days or so?

    Thanks!



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  • thesparky007
    04-25 09:40 PM
    thanks kirupa
    so you uploaded it?




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  • saimrathi
    08-17 08:55 AM
    I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.

    I called the doctor�s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn�t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn�t get rejected due to this; no checks cashed as of today.

    My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.

    Anyone else in the same boat? Is this something to worry about? See signature for more info...



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  • rgpr
    03-28 06:19 PM
    Dear All,

    I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.

    My questions are as follows:


    Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?


    Given this is the Month of March/April if I get a job now how may I be able to work for an employer?


    How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?


    If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).


    Thank you very much for your help.




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  • amar123
    07-28 01:09 PM
    Any of you in EB -2 with PD after Jun 2006 and have a soft LUD on AP?



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  • gc_on_demand
    05-14 11:27 AM
    Is there anyone out there pursuing CP and already working in the USA?

    In today's economy/job market, it is a nightmare not to have the protection of EAD.

    Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?

    Any thoughts?

    Looking at your PD it will take a while to get green card in either route. CP is great when dates are current so you can easily get GC . but when dates are not current AOS is good becasue dependetns can get EAD and also little more security than not having EAD.

    CP is done by Dept of State ( Consular Post ) and AOS is by USCIS. They are totally different agency under umbrella of DHS. CP cannot get benefit of EAD.

    For you it will not be easy to be in both place now. It will be option for person lets say like me whose date never became current and I when I filled I 140 I mentioned CP. I think it take 1 year to route your application to Consular post. so later if my dates become current and my application is not at consular ( Means I am not going to get interview ) I can file AOS. But person already have file CP for more than year then if dates become current he / she will get interview.

    For mumbai consulate there is option for AC I 140. where consular accept Attorney certified copy of I 140. So if I believe that my PD will become current in coming 2-3 months then I can file I 824 and ask to route my I 140 to Mumbai for CP. which takes 1 year atleast to finish . but in meanwhile my date become current I can take receipt notice of I 824 and go with attorney certified copy of I 140 and they can grant me visa. But it needs very sound planing of when date become current. ( Which is not possible in current environment ). If dates are current for a long time CP is good.


    Now you dont have even option to get EAD so I would say stick with CP.




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  • danu2007
    07-13 04:21 PM
    So far only 1327 members signed the petition. This needs around 5000 signatures.

    This will show the number of filed I-485 applications to Chertoff..Please sign..

    --------------------------------------------------
    Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.

    http://www.immigrantslist.org/page/petition/Chertoff
    -----------------------------------------------------



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  • pleaseadviseme
    09-23 07:01 PM
    First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.

    Thank you so much, you have been really helpful.

    My last question to you here... sorry to be so annoying. I just got a new notification from my employer, saying that he will file my h1b on feb 1st. (sucks), and "petition" for June activation on the visa. I don't know what does that mean, but could you please suggest me what should my wife do? i mean my f1 should ends on may 31st. and h1b will start on june 1st. but when should she start filing for h4? i heard that she will be legal once she filed the h4, but i don't know how long it takes for the uscis to know she filed the change of status petition. for example... can she file on may 31st?
    or is it even possible if i receive my h1b visa approval on April, and she files for H4 when i got the approval but petition for june 1st activation, same as me?
    because i really don't think my employer is willing to file for both of us. Thank you very much, Please let me know because we are making a decision sometime this week... thanks alot!




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  • Saralayar
    06-04 12:19 PM
    http://www.mercurynews.com/topstories/ci_12514065?nclick_check=1

    FTA:

    "...
    The law would also increase numerical caps on the number of visas for countries such as Mexico, the Philippines, China and India. People from those countries hoping to immigrate to the U.S. routinely face waits of more than a decade in a system with a backlog of 5.8 million people.
    ..."

    The URL link do not work.




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  • waitin_toolong
    11-21 09:43 AM
    the above scenario was if you were mnaintaing H1 status. if you are working using EAD then ofcourse your current status wont be H1 bur AOS hence you will send proof of that.

    The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.




    eb3_nepa
    07-26 10:03 AM
    These Immigration lawyers should all be rounded up and publicly FLOGGED to stop them from making such BLUNDERS!! :p




    bajjuri77
    03-27 10:39 AM
    To answer your questions:

    1. Transfer from H4 to F1 is very straight forward and you can do it yourself. I did the same for my wife.
    2. You need to show 1 yr expenses in your account.
    3. One year should be fine.
    4. If your parents want to fund her study, then you have list them as one of the sponsor and then show the money in the bank.



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