Sunday, July 3, 2011

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  • waitin_toolong
    02-08 08:29 AM
    first of all EAD is not a status just a work authorization.

    If you do not get H1 transferred before you lose your job you automatically fall on to AOS pending status and I-485 keeps you legal.

    If you find an employer later to sponsor H1 ypu just file for H1 transfer and can start work using EAd and the day the H1 approval comes you move to H1. There is no need to move to H4 in the interim.

    You dont have to inform USCIS about using EAD to work. The I-9 that you file with employer takes care of that.

    If you have not completed 6 years on H1 you will not be subjected to cap

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  • unchew
    06-06 11:52 PM
    Ok, i'll do that tomorrow... and will leave just one square so that it is ALONE.

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  • mnq1979
    12-18 10:33 AM

    I need to know if it is safe to travel to India on AP and EAD documents without having a valid H4 visa. My H4 visa had been renewed once and now after 3 years it has expired on Dec 12 2010. I need to go to India to see my father who is very ill. I want to know if re-entry into the US will be a problem on my AP and EAD. Also, will it effect the entry of my daughter (if she travels with me) who is 2.5 years old and is US citizen.

    please help!!

    My wife travelled to Pakistan last year when we had a new born baby !!! she first came to USA on h4 visa but when she left her h4 was already expired so when she returned to usa after 3months she used AP and had no problems.....she says the immigration officer didnt even look at her expired h4 and jst stamped the AP without asking any was a smooth process !!!!! so don't worry and travel !!!!! hope ur dad feels better when he see u !!!!! goood luck !!!!

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  • adhantari
    08-13 03:01 PM
    I have an idea. We can make following proposal to lawmakers....

    In next 2 years they can sunset EB3 catagory. In exchange for that they will give visa numbers enough for everyone whose EB3 485 is pending or in pipeline(labor, 140)

    What you guys think of this idea?

    Anyways there are lot of people who just want to keep EB1 and EB2 catagories. We may get support from them with this proposal......


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  • amitk81
    07-14 06:47 PM
    This morning I received a phone call from NAVRS (appointment system) about my H1B appointment.

    The phone call was to give me a heads up that my visa might require an additional 2 weeks processing time (has any one received similar calls)?

    My I485 is currently pending with a priority date of Jan-2007 (EB2) and this is my 3-year extension, last extension was stamped at US consulate of Toronto (2nd extension).

    Can anyone share his or her experience in a similar situation?



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  • Anders �stberg
    May 14th, 2004, 12:51 AM
    I've taken a lot of bird pictures that have to be cropped even more than this. While I'm not happy with the detail it is still quite possible to see what bird it is :) and maybe the best I can do with my current lenses. Until I get a better opportunity and get closer to the bird I'll accept the picture, at least for my own archive. I think your frog picture is acceptable at that size, and could perhaps also be improved a bit more with some creative noise reduction and sharpening to give the impression of being a bit better than it is. I agree digital is amazing, there's indeed a lot of info that can be extracted from the megapixels.

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  • dilbert_cal
    06-24 09:24 PM
    If your job location has changed from State 'S1' to State 'S2', your labor petition filed from Company 'A' is invalid. You cannot modify your 140 in the sense of changing job location from one state to another. Since your 140 is pending for a good period of time, here is what you can do :-

    i) Get it converted to premium as suggested above and you'll know whether it is approved or not in 15 days.

    If it is approved, you can file 485 based on it but you may have issues in the future ( possible but unknown if it will be caught at 485 stage )

    If it is denied, you are in a soup as without an approved 140, you cannot port your PD.

    Whatever you do, dont move onto EAD and work on EAD until your 140 is approved.

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  • pappu
    05-18 02:42 PM

    ask for paul herzog.

    This firm is expensive but good.


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  • reddy_h
    09-04 03:18 PM
    Some had mentioned in immigration forums that you might be grilled with questions during naturalization process if you had changed employer as soon as you got your GC.If you are not planning for naturalization I assume you are fine.
    A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.

    Thats not exactly true in the context of this thread. You have to work for your GC sponsorer for some period of time before changing employer. Pooch was mentioning his/her GC sponsorer is future employer. So after the GC is approved, he/she has to work for that GC sponsorer not the current employer.

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  • gc28262
    07-09 09:37 PM
    what are the complications of applying to eb2 if there is only 3 year degree bachelor degree? Have a masters degree from Singapore - will that be enough to qualify?

    IMO there is a good chance you will qualify for EB2. When doing educational evaluation, you should base your claim on your masters degree. That way you would qualify.


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  • st4rguitar
    08-22 12:11 AM
    No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.

    I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.

    Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.

    Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.


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  • cache22
    01-25 11:06 PM
    Please consult a good lawyer
    OH at,
    Carl Shusterman,
    Shela murthy
    Rajiv Kanna

    Please refer

    I have the extract from the website

    Question 4. What is a travel document and do I need it?


    Please note that one who is out of status is generally advised not to travel abroad until the Adjustment is approved. A person who has accrued 180 days of unlawful presence and then travels abroad would not be readmitted to the U.S. for 3 years. For a one-year accrual or more of unlawful presence, there is a 10-year bar on reentry. The advance parole document would not protect one in this situation. Since 2000, the AP contains a specific warning about the 3-year and 10-year bars. Individuals should seek attorney advice before travel if there is a possibility that they have accrued unlawful presence at any time.


    I would recomend you talk with Shela Murthy or Carl Shusterman, talk to the main lawyer directly, do not talk with the junior lawyer in the firm. Ask for urgent appointment, it would cost a bit more but it is worth it. I am sure Shela Murthy will find some way for you.

    Good luck


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  • texcan
    10-10 11:25 PM
    Thanks Raju Ram...

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  • lost_angeles
    03-02 03:47 PM


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  • knacath
    10-10 12:07 PM
    My wife had the same situation - was going to be out of town on the scheduled day. She went to the Dallas office on a Wednesday or Thursday and explained the situation to them. They said they were busy that day and said she had upto 89 (?) days to do it. They said she could walk in on any Saturday within that time frame. They also said that there was no need to reschedule. Sure enough, she went in on a Saturday 2 or 3 weeks after the scheduled date and they took her fingerprints.

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  • dreamworld
    12-13 04:48 PM
    Have another question regarding AP, we have filed 485 in jul 07, we got Recept for AP, but no other updated on AP, in case of Emargency can we go to the local office to get AP, is there any Rule that poeple applied AP for the first time will not get the same from local office.

    Pd: EB3, Aug 04
    I 140 : Jan 07
    485: Jul 07

    check your AP application here and if is says approved then call your attorney. usually this AP approval goes to attorney if you use attorney during the filling.

    if the online status is not yet approved then may be they are waiting for FingerPrinting to be done. Did your FP complete?


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  • India76
    03-01 09:21 PM
    :confused: Hello All,

    I am preparing documents to send to my parents for Visitors Visa.
    My Question: If lets say my parents go to the US Embassy sometime in March and if their visa get stamped for lets say for 2 months. When that 2 months time start? is it going to start from the day their visa got stamped or when they get I-94 card at US airport?

    Thanks for your advice in advance.

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  • gcformeornot
    07-25 03:16 PM
    This additional poll needs to have an option for "Just you" - someone needs to take my additional 1.5 GC applications!
    how to modify poll to add option.

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  • wandmaker
    11-30 06:45 PM
    amindarshana: (1) keep checking whether you check cashed or not (2) if 45 days passed from your SR open date - you will have to reconstruct your entire 485 packet and include delivery proof, and a copy of the check that you had sent. - check with your attorney.

    10-13 09:25 PM
    My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?

    10-11 06:20 PM
    The first status is that USCIS has approved your EAD and ordered for a card. The second status means that they mailed you the card. You should get the card in next 5 business days.

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