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  • jest_1
    08-12 06:05 PM
    thanks for the answers guys. So does USCIS question about the out of status issue before the last re-entry/485 filing during I-485 adjudication ? Any idea about whether they approve/deny petitions based on this scenario ?





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  • nightowl76
    08-27 07:22 PM
    I received renewed EAD cards a week ago. I had applied a couple of months ago. I noticed that the renewed EAD card also says 'Fingerprint not available'. My fingerprinting was done in March 08.

    Is this expected? Does anyones EAD card have a fingerprint on it?





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  • letstalklc
    10-13 05:31 PM
    What is the URL for checking the PERM case status?

    You need login credintials in order to check the perm status. I am not sure if any option available in the New system...





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  • pappu
    04-10 01:57 PM
    Pappu,
    I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.

    Thanks for updating the profile

    We have asked for a multi year EAD and AP.
    Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD

    The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays



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  • roseball
    03-31 11:01 PM
    I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.

    I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.

    Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.

    On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.

    On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.

    As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.

    What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).

    What are my options/risks; deportation for instance? Should I leave the country immediately?

    You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.





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  • TexDBoy
    02-06 03:48 PM
    I have not done that. I do have EAd and AP so dont know if i will do it. But prior to this when i got promoted earlier i have not applied for an admendment.

    ok ...
    I guess if you use EAD and not inform USCIS about the promotion and reply to AC21 RFE (if at it comes asking for employment letter and job duties), you should be fine replying it.
    However, if you use H1B, then your AC21 RFE comes and you submit a profile that is different than that of H1B, then USCIS can question that discrepancy.

    I am not sure they will do that ... but just a suggestion .. I might be wrong ..



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  • hazishak
    07-31 11:26 PM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.





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  • Vic
    10-11 12:42 PM
    Labor was filed in June 2006. The date on my degree certificate is later than that. The hope is that the person who reads the response to the RFE considers completion date instead of date of receiving the degree (official graduation date).



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  • mmk123
    07-29 12:18 PM
    Humor is the best way we can take a break from this entire immigration stuff, rules, recession.

    ********************

    A conversation between some journalists and Prof. Corn Meat-Loaf was leaked to media.

    Journalist A: Welcome, Prof. Meat-Loaf. I have heard a lot about you. Why are you working so aggressively against G-1b visas? You teach Computers, right? You also seem to have more publications on this topic than in CS.

    Prof. Corn Meat-Loaf: Let me tell the truth. Yes, these *outsider* kids are very smart, they do all cutting-edge research, that I cannot keep-up the pace with. They have hijacked all the research which I could have done. If we don't allow them to do research, then I will get a chance to do it in few years. Writing Unix/Linux tutorials is not going to help much. I need my job security. Hence I had to work for this job. It's secure and easy for me to keep doing it.

    Journalist B: Ok, we understand. This is similar to blaming others for your own problems. It is convenient and easy. But, why do you think that entire G-1b visa program is bad? If there are any bad apples, we identify and throw the bad apples and not the entire basket, right?

    Prof. Corn Meat-Loaf: I actually favor family immigration (look at my biography). I cannot oppose family program and I need something to oppose to keep my payroll running. G-1b is a favorite program to target as politically those guys cannot speak or do anything in return and that makes my point looks more sound and firm. My friend, Mr. Tom Jerry from GutterShield also favors the same program (look at his biography too) and shields my comments. Also, bringing in more unskilled labor helps me having same level of conversation with them instead of feeling left out.

    Journalist A: Gotcha! Why do prefer O11 visa over G-1b visa?

    Prof: Yes, O11 visa helps us bring best and brightest like models etc. They help this economy by luring us to consume expensive designs and to talk about them during lunch hour. As letter *O* looks like zero - I would like to return it back to ones who gave it to us.

    Journalist B: Have you ever thought of grooming more students from here under your able guidance. That's the real solution to this. May be we all should focus on STEM education for some time than speaking about idols and proms. May be a geek should deserve the same attention in school like a football player.
    Corporations in capitalistic society will use the same principle for everything - If you can't produce it (goods or services); buy it!

    Prof: Nope, firstly that's time-consuming and will need a lot of effort. I love short-cuts. Secondly, everywhere I see these outsider graduate students - why should I groom them?
    (Corn and Jerry suddenly start singing and dancing... their friend Piano and "Due Drops" join in)
    Corn and Jerry, yes papa,
    G1 visa, no papa,
    raising the bar, no papa,
    let's fool people, ha ha ha..

    Journalists A and B: Gotcha! Thanks for now!

    Prof: Nice meeting you, what's your name?

    Journalist A: Mr. We-wake from BusinessYear!

    Journalist B: Ms. Herbs from BusinessMonth!

    ********************





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  • mikemeyers
    05-07 02:19 PM
    Hi

    To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.

    We have police report for the lost passport.

    I already checked Indian embessy's website, they have instructions for duplicate passport.

    My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?

    plz help..

    regards,



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  • overhere
    07-17 08:50 AM
    Please enlighten me. What constitute a proof of immigrant intent?

    Filing of:

    1. LC
    2. I-140
    3. Medicals
    4. I-485

    etc...

    I am confuse. Please explain.

    in my opinion, the consul will consider lc filing as proof of immigrant intent. remember lc is the first step towards getting a green card so you're intention is to get a green card.

    my advise is, if ever you decide you want to push through with your lc plan or change of status from b2 (tourist) to h1 (working), you must stay in the US until you get your gc. never ever visit the US embassy of your home country coz they'll definitely ask you about it and most likely, they'll ban you from entering the US permanently. once again, this is just my opinion. hope this one helps.





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  • rajmehrotra
    10-23 10:02 AM
    The thread title "Please Read" can be improved to something pertaining to the issue in the thread.



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  • HV000
    04-07 10:39 AM
    Just got it. Right now.Thanks guys.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    GOOD. Go get a massage!! :)





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  • jonty_11
    11-16 09:13 PM
    News from REDIFF

    http://ia.rediff.com/news/2006/nov/17ndeal8.htm?q=tp&file=.htm

    No one seems to be talking abt it....no news, no discussions..that is what lobbying is all abt...not abt making a hue and cry before lame duck and seeing nothing passed through.....The Caucus of companies taht has kinda threatened to outsource if H1Bs are not increased....might just fall flat.



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  • andy.jones110
    10-13 12:06 AM
    our situation is complicated.
    There is a 240 days rule to stop working, if H1B is pending for an approval.
    It is for working with the same employer. Transfer may be diffrent.
    But since it is a premium process, and your I-94 is expired, you need to be very careful.
    You are now out of staus, I fear.
    So rush to a good lawyer and contact USCIS

    -----------------------------------------------------------------------

    My Situation is like this
    1. Applied for H1 Visa Ext with Comp A, before I- 94 expiry in regular processing and Ive receipt No with me.
    2. Now Ive a good offer with company B, they will apply in Premium processing for H1 Transfer and extension.
    What are my chances of getting Approval for transfer?





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  • mss007
    05-07 09:14 PM
    I am in same boat.. No LUDs on mine and my wife's I 485 . Filed in July 2007....
    Don't know what happened!!!!!!!!!!!!!!!!:confused:



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  • wantMyGC
    09-13 09:24 PM
    Thanks ImmigrationAnswerMan for your inputs.

    1) What if I stay with the same employer for the next 6 months, then take a re-entry permit on family issues and go to India for about 18 months?

    2) I heard this (#1) will break continuity, what if I stay 5 years in the US after I come back (#1), will it cause any issues in the naturalization process?





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  • CheckRaise
    10-09 06:38 PM
    you can search for cases filed using start and end date - its nothing fancy or interesting as you might have imagined - if your employer is indeed saying that its hard to pull old cases - its total BS -- either they dont want you to worry or they dont want to divulge your case number

    I have requested again for the screenshot mentioning the same and waiting on a response. You do seem to have an idea how it looks like, if you dont mind, would you be able to post a screenshot with all information greyed out. With that handy, if they come back with, 'no way' I can go back at them hard saying they are BS'ing me and call their bluff.

    Thanks again!





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  • bekugc
    04-19 05:59 PM
    regd ur qn --> So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

    485 stage itself is called 'adjustment of status'. so using EAD or AP , takes u out of nonimmigrant status, and brings u into a intermediate status - thats why they write AOS/parolee on i94 if u use AP. . i dont think u become an "immigrant" untill ur 485/gc is approved.





    inskrish
    04-18 11:40 AM
    Hello,

    I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.

    Thanks in advance.





    UKannan
    04-23 01:03 PM
    I just got notice that my cards have been sent for production for my family and I with the exception of my 3 year old son. They have asked for an RFE for him. Has anyone come across this issue? I assume its something basic like photo or updated medical?? Please help.

    Post the RFE.



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