Friday, June 17, 2011

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  • Life2Live
    02-29 01:34 PM
    mate have you heard of thread hijacking? anyways looks like you have a weird one...when you say "resubmitted" it seems like they have lost your application once before as well? How are they accepting 485 application for you? what category are you in and whats your pd?

    Filed when date was current, it returned back by USCIS error. Resubmitted with the evidence on Nov along with the USCIS letter. Is that clarify ur doubt.





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  • optimystic
    03-19 02:44 PM
    Well...my PD is current and my RD at Nebraska is also current as per thier processing times. But still no LUDs or any other updates so far :( (its been 19 days since my PD became current)

    I already spoke to USCIS IO one week back, and was told its a bit too early, and wait for 45 days and call back if nothing happens until then. They weren't willing to give me the status whether my Namecheck crossed 180 days.

    Just going to wait until April 1, and then call them again. Or get an INFOPASS . What do the gurus suggest?

    [EB3 - I , PD May 2001, RD July 30 07, Nebraska ]





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  • meridiani.planum
    11-21 12:07 AM
    You are from ROW....here are some things to consider....

    Is your new employer filing your GC under EB-2? If the answer is yes, then you should definately take the new job and re-file GC and not worry about your EB-3 perm that is pending.

    If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).

    You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.

    Hope this helps. Good luck.

    I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!





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  • vxg
    09-08 03:01 PM
    Got the cards in the mail. My online case status says the application is still pending.

    Folks (those whose PDs are current this month),

    Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.

    This is what my attorney had to say:

    The USCIS online status system is maintained by contract workers and is often inaccurate.
    Thanks for starting this. I am in same boat, i called TSC and the IO told me my case was approved on 9/4/09 and i have an LUD on 9/4/09 however online status says case pending. I asked that to the IO and she says she does not know about the online status but in there system it is approved. I did that after i received a call from an IO from local field office ( i went for Infopass last week at local office) informing that my and my wife's cases were approved on 9/4/09.
    I am hoping to get the cards as have to travel to India next week. The IO in Texas advised me to get the Passport stamped.



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  • cool_guy_onnet1
    11-21 02:09 PM
    I am in a big,actually huge problem, Filed for EAD/AP and got it.
    Now I may loose my job in next month-


    My wife will be here sometime this month on h4- but she does not have an AP since we were not married when the dates were current. So lets say If I jump on EAD/AP -

    what happens to her status? How can she travel? She does not have AP and obviously, her H4 shall become void if I loose this job. Horrible situation especially considering it's the holiday season.


    PLEASE HELP!!!!!!
    I've been IV member since it's formation and have contributed everymonth!
    PLEASE GUYS PLEASE HELP





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  • wonderlust
    10-04 11:50 PM
    I believe it is random and chaotic. WORSE, we have been powerless to control or improve it. That is why we need to work together and make our voice heard!

    Wonderlust


    I am sure you are a latest filers...so just relax and forget abt it for many yrs to come unless there is a serious effort by the Govt. to reduce backlog...till then elax and dotn let your blood boil over it leading to deterioration in health and wealth....
    NJOY !!!



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  • saileshdude
    05-20 10:12 PM
    From what I understand, if you have an H1b extended based on your Labor or I140 approval, if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.

    From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
    Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.

    But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?

    Because there are no clear regulations around what happens to H1 if I-485 gets denied. But there are existing regulations that EAD becomes invalid. So being on H1 gives you an edge. You will not able to extend/transfer H1 but there is no effect on existing approved h1.

    Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending. But you will need to go out and get H1 stamped and re-enter. In this particular case, since father was primary applicant he could have sponsored new H1 w/o I-94 and get it stamped and re-enter. Not sure why lawyer did not suggest that.





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  • pappu
    08-15 11:30 AM
    I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).
    EB2 is unavailable rt now and will be severely backlogged due to cases coming from BEC. When eb3 got backlogged, several people filed quickly as eb2 in order to get eb2 benefit. However now that eb2 is unavailable it is tough to say if when it becomes available it will actually move fast at all. With BEC cases coming up, there is a chance it will be stalled at jan 2003 or earlier in order to allow old cases to be cleared. this will be enough for India quota be over.

    EB3 is available rt now however the wait is very long and will move slow.

    in this scenario, prioirity dates are most important than eb2 vs eb3. both are likely to be heavily backlogged anyways for india.

    lets hope some immigration relief happens soon so that we dont live in such tension.



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  • BMS1
    08-21 09:23 AM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.





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  • permfiling
    01-22 01:30 PM
    ^^^^^



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  • lazycis
    12-10 03:08 PM
    To keep your AOS all you need is to make sure your new job has the same or similar occupational code. H1b transfer does not matter.





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  • ita
    11-20 04:50 PM
    My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.

    How do you know AP is approved for multiple entries?

    I thought AP in general is for multiple entries.

    Is there a way to tell from your approval notice it your AP was approved for multiple times?

    Thank you.



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  • srikanthmavurapu
    08-16 03:25 PM
    which state your employer belongs to?

    its in Virginia





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  • smartboy75
    09-26 07:32 PM
    Hi All

    Please read the below article...finally someone is talking about law abiding immigrants hardships...

    Hope the CNN's, the Lou Dobb's read this and present the truth to the american people...

    Encourage everyone to read it...

    http://blogs.usatoday.com/oped/2007/09/one-familys-nig.html



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  • glus
    08-01 10:18 AM
    My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.

    I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?

    any ideas??

    Put her status as H4. She is in H4 until October 2007 (assuming you asked for change of status and change of status was also approved.) No, she will not loose her H1, as H1 is a "dual intent" visa.





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  • invincibleasian
    01-31 03:18 PM
    As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
    For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
    Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna

    You cannot lose priority date after i140 is approved unless revoked for fraud!



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  • lost_in_migration
    05-14 08:28 PM
    Thats the spirit

    I will support IV even i have Gc .GO IV.





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  • drirshad
    08-13 03:31 AM
    He is gone .............





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  • joydiptac
    09-30 05:37 PM
    I liked the tone and tenor of aila...

    Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?





    LostInGCProcess
    09-18 05:18 PM
    Hi, can I use EAD for my current employer.. my h1b exten under process and taking more than 1 yr .... thanks

    Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.





    learning01
    04-06 10:11 PM
    There is no serious effort by the republicans. They are fractured, divided, into groups. They have no motivation to get this comprehensive bill passed. I have been observing the tactics and attitudes of these republican senators and democratic senators. I am more shocked by the game of one-upmanship on the part of Frist, Kyl, Cornyn, Craig. I don't see rhyme or reason in their sppeches. The bill has no life for the next 3 weeks.
    i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
    whn i went to immigration-law.com, they say the following

    cud someone tell me which one is true??????????

    We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
    The development is accompanied by three other developments:
    President released statement supporting the bi-partisan agreement;
    Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
    Senate also relected the Republican Kyl' motion for his amendments.
    Now we see the light at the end of the tunnel!!



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