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  • mygc2006
    06-14 11:58 AM
    I thought once your EAD gets approved then you H1 Visa is not longer valid.

    You could keep EAD and H1 together active?? Any experts, could you please throw some light?
    Yes, you can keep EAD and H1 at same time..





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  • wellwisher02
    04-02 11:37 AM
    I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.

    I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?

    I have heard the real issue is when an employee transfers H1B from 'A' company to 'B' company after being been on 'bench' for a couple of months or more, where no salary was paid to the employee. One of my H1B friends, who was laid off, took to a motel job on cash basis to surive, lost his drive for H1B job for a few months while working at the motel, and then tried later to get back to H1B IT job. Alas, he couldn't transfer his H1B since he didn't have valid salary slips. This happened in 2002. He had to go back to India just before his current H1B visa expired.





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  • sunty
    11-05 02:38 PM
    Waiting for 180 days is hard....but its even harder for folks like me, who are waiting for 140 approval..The way things are, looks like it sgonna take much longer than 180 days for 140 approval...Only then I can even think of using AC21....But no complaints...Patience pays...:)





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  • go_getter007
    12-20 11:48 AM
    You can change your address online or also by calling the USCIS. I did the latter in my case a few months ago. Once the system is updated by a USCIS customer service rep to reflect the new address, you'll get an email notification, if you have that feature activated on the USCIS site/your application portfolio.

    Good luck.

    GG_007

    PS: Not a lawyer, just my personal opinion.




    Receipt Number: SRC0XXXXXXXX

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

    Current Status: Notice Returned as Undeliverable.

    On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..

    I have not yet got the FP appointment. Could this be the letter for that or something else serious?
    After filing, my address changed.
    I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.



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  • munnu77
    07-19 03:07 PM
    sorry..i didnt log in for a few days..
    he applied from texas from an american company EB3





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  • baburob2
    10-07 08:11 PM
    My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card

    1. How can he use the PIO card to enter and exit India?
    a. Does he simply show the PIO card, US passport to enter and exit India?
    2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
    a. Do they return the PIO application and its supporting documents before visa could be applied?
    b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?



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  • angelfire76
    03-20 06:44 PM
    Can you please change the title of this thread so as to not give more people anxiety attacks?
    Welcome to the new world of Banking where even financial whiz kids need to go through a contract company to work at these institutions. I think the Indian IT cabal is smiling and thinking about diversification into financial services. They call it domain consulting. ;)





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  • test101
    07-09 11:33 PM
    email people wh said they will join the DC rally. sorry i'm far far away in MA can not make it



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  • akkakarla
    09-01 04:12 PM
    Did anyone get their GC Approvals from USCIS Local Offices which are pending after the interview is complete? If anyone is waiting for local office cases what is the process they are following and how is the approval process?

    I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office

    I guess applications pending at local office are unlucky guys :-(

    Anil





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  • ChainReaction
    08-10 09:12 AM
    http://www.murthy.com/chatlogs/ch073007_P.html

    Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?



    Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.

    Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.

    Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?

    Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.



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  • permfiling
    07-28 04:08 PM
    I am in the same boat as you, PM ed you, please reply

    Hi,

    First some background.
    EB2I PD is July 2006
    I140 filed Sept. 2006 and approved Oct 2006 with Company A.
    Left Company A and joined Company B in March 2007 (172 days after I140 approved).

    Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)

    While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.

    With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?

    1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
    2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
    3. Get the GC and move back to company A?
    4. Any other options??

    Thanks for your time.





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  • mihird
    08-19 02:21 AM
    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007

    It turned out, she actually had two 485 receipt notices..each with a different notice no. I was all the time checking her 485 status using the older receipt number, until, when we got the welcome notice. I called my attorney to seek an explanation and he told me to make sure, I was checking the latest receipt no. Once I checked the correct receipt no., the status had properly updated on the correct receipt no.



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  • bazuka6
    09-24 01:36 PM
    Hi,

    I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?

    Please let me know. Thanks for your help.

    Can't do it. Employment start date with non-gc employer(your current employer) is prior to 180 days from when 485 was filed

    They'll deny the 485





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  • gc_chahiye
    07-09 05:27 PM
    how to change my vote then???

    I dont think you can change your vote.

    In any case this poll is only to get a feel of how things are out there. A wrong vote here or there does not matter

    As long as 2003/2004/2005 folks who have already-filed stay in low numbers it might indicate good PD movement in those years (since numbers wont be used up so soon and USCIS/DOS might have to move dates forward to start pushing out approvals. New people will then file and the usage will climb and dates slow down again).

    If, on the other hand USCIS is sitting on tons of 2003/2004 PD I-485s, then date movement is going to be slow



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  • gc_chahiye
    01-08 01:23 PM
    My employer has not provided copy of labor or I-140.

    I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?

    not having copy of labor or I-140 is an issue for AC21?

    Does the cover-letter you included while filing your 485 include your job duties?
    thats basically what you need, to make sure your new duties/position are inline with what was decribed in the LC.





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  • kumar1
    04-02 09:56 AM
    ---



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  • saibaba
    12-05 12:03 PM
    It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.

    thank you

    After carefully reviwing the approved 140 ,I found this DOL/ETA case number D-XXXXX-XXXXX (don know whether I can post this number here) in my approved 140 petition under "Additional Information the petitioner" column...but this particular column has info abt my employer who filed my GC and i'm not sure wther it is the same as my GC labor code...

    is this the number u r referring to?





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  • crystal
    07-12 10:11 PM
    EndlessWait I hope ur wait will end soonI can't sleep all night.. cmon atleast give us few options.
    My take on the permanent solution:

    1. Recapture lost visa numbers
    2. Medical tests are going to be valid indefinitely
    3. Ppl who've worked for X years automatically can apply for I-485
    5. All can apply as per the old bulletin
    6. ????

    cmon guys help me with this.i'm running out of ideas..:D





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  • skarthy
    07-17 07:42 AM
    Hi all,
    It seems the FP notice comes in 10 to 15 day usually. I haven't gotten mine after 3 weeks. Is there a time period after which that I have to worry about the FP?

    I got my receipt and credit card - money withdrawn.

    Thanks





    Hassan11
    04-14 04:43 PM
    anybody knows the answer to the correct fee to apply for travel document (AP)? do I need to do FP?

    Thanks





    garga
    12-09 04:26 PM
    Thank you all for the replies. I had an inclining that my lawyer was pulling stuff out of thin air...your replies does prove it.

    I will google some more on the 104c rule but once again, Thanks to all of you!



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