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  • nogc_noproblem
    06-27 04:02 PM
    Yes, it is frustrating to miss it just by one day, I don't think we can appeal against it, let us wait for the original card to see whether we have any luck. I also filed at NSC.

    I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????





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  • haveaquestion
    03-06 01:28 AM
    Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.





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  • sagar_nyc
    03-07 03:42 PM
    I was with Company A. and had visa stamped for company A till Dec 2006. I switched from Company A to B in Nov 2004. and travelled to India in July 2005. Since I had a valid visa from company A, I didn't got it stamped with company B. Although I carried my transferred H-1 (Company B) and showed it to Immigration Officer upon arrival, which he was fine with.

    Again This is not a legal advice. Please consult to lawyer before leaving.

    Good Luck





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  • aamchimumbai
    12-05 02:13 PM
    Was your wife successful in getting an H1B visa stamped in her passport? If yes, could you please share your experience for the visa stamping interview/documents, etc. Your post will be helpful for some who plan to return on H1B/H4 (including me).

    Thanks.


    My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.

    In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.

    Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?

    - I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?

    - Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485

    Many Thanks !!!



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  • zerosine
    06-25 02:59 PM
    Thank you all for your responses.

    Thanks glus, I'll try filing the I 102 - hopefully they had computerized records back in the dark ages when I arrived. Also I'm hoping there's a record somewhere of the visa extension filed by my lawyer - do you think the same form might dig that up?

    Shatunup, what's a CIR? I'm intrigued....

    I have spoken to an attorney and the overstay is not really the issue - because I'm legitimately married (we have a two year old!) and if we can prove it's not a green card marriage I believe I just have to pay a fine.... however they do require proof of legal entry, which I don't have. You can adjust your status in the US if you are married to a US citizen - in fact I have to because if I leave the country I'm subject to the 10 year ban and they won't let me back in married or not.

    I have a new passport but without the visa and entry stamp it doesn't really help!

    Thanks again - by the way I'm a she :o





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  • gcnotfiledyet
    03-17 04:45 PM
    I was informed that without I-94 card she cannot be added to my insrurance.

    Can anyone suggest me some good insurance I can take online/india for this kind of situation...???

    Thanks

    Did you even talk to your employer yet? They will ask for marriage certificate and nothing else. Who informed you about I-94? one of your friends/forum members? Are they giving insurance to you.

    Go talk to employer/HR/Insurance agent.



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  • niraja74
    07-23 12:44 AM
    Hi,

    I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).

    So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.

    Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?

    Thanks in advance.

    Niraja





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  • file485
    07-09 08:36 AM
    There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.

    This happened in early 2007.

    ______________________
    Not a legal advice

    could you be more specific..

    If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?



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  • indo_obama
    05-12 11:45 AM
    Wow didnt know everybody here are Super Immigrants....... legal ...Illegal and now super..... whats next duper immigrants





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  • panky72
    06-18 04:42 PM
    No one ever has gone to court over a Noncompete agreement issue. No one will.


    I don't know about IT but in other professions people go to court all the time. I have seen several cases.



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  • kaisersose
    07-19 10:48 AM
    USCIS local offices no longer issues interim EADs. Go to immigration.com and and bring up July/August 2006 newsletter.

    You can schedule infopass & meet a local officer after 90 days. But he will only forward you request to the main center and ask them to either process your case quickly or issue an interim EAD.

    But since the main center will be badly backlogged from now on, I wonder how they can even process interim EADs? If they can do it, they may as well do regular EADs?

    I recall reading somewhere that with the new scheme, EADs were guranteed to be issued within 90 days and so no interim EADs were produced. But this 90 day limit will change in the next few weeks.





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  • texanguy
    12-15 05:04 PM
    Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...



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  • rayoflight
    09-03 10:46 AM
    Hi,

    I think you should write your spouse name on the mailbox alongwith yours especially if she still maintained her maiden name which would be different from your last name.

    Also do talk to your postmaster and update the situation.

    Hope this helps.

    Cheers,
    Rayoflight





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  • surabhi
    07-13 01:08 PM
    I took infopass to clarify my situation with 2 I-485, different A#, and one I-140.

    The IO verified and told me that both Apps have been merged and keying in either A# has brought back both Appslications. There was a LUD few weeks before I took infopass. I think it may have been because of merge.



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  • sunnymit
    02-17 04:30 PM
    Really speaking I care more for the dates to get current so I can add my wife to my GC application and get her an EAD and AP. After that I won't mind if I have to wait for some more time before I get the actual GC in hand





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  • canleo98
    01-11 06:44 PM
    As msp1976 pointed out above, attached your 140 receipt and ask for three year extension.

    Can extension for H1B be applied for three or one year if Labor is approved under PERM in a week and I-140 is applied and pending for approval.



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  • sp0
    09-18 10:31 PM
    What if a person has active TB and is currently being treated? Doctors are saying it will take 9 months to complete the medication.

    Q1. Do we need to wait till 9 months to apply for I140 and 485?
    Q2. When will the medical records be opened and monitored? is it when my 485 is being processed or before giving EAD?
    Q3. If doctor says we have TB on the form, will i be queried by govt to get it checked again, or will i be rejected?





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  • uslegals
    08-20 04:12 PM
    Can somebody please reply..? Your advice will be priceless for me at this stage..! Thank you!





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  • bestia
    07-19 12:18 PM
    Basically the receipt notice we will get soon would have a 'received date' and a 'notice date'.

    I read in another forum that 90-day count starts from the received date.

    I am not sure though!

    Why is it that important? Before EAD was taking about 1.5-2 months. Now it will take a lot more, more than 90 days. I don't think now they will care about that 90 days thing. It wasn't a law requiring them to issue EAD in that period, they were just saying "if you haven't received in 90 days - call us" - that's all.





    morchu
    04-22 09:41 AM
    Since your H4 COS is not approved yet, you are not YET in H4 status.

    So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.

    Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.

    This is a typical situation where you should file for Premium Processing (of H1 COS).


    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.





    Calouste
    08-01 08:06 PM
    guys, I appreciate the Mr Zoe's gesture , but I dont really think fees is a big issue here. If a company pays, its not an applicants problem. If the applicant pays, few thousand dollars extra will make us any poorer..

    The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....

    She has so much power, she should lobby for visa recapture

    I don't think the main goal of Ms Lofgren is to lower the fees. She tries to find out what USCIS is going to do with the extra money, something they haven't been clear about. If it was about the fees, she could have proposed this bill weeks ago. The timing (at the last day the old fees were valid) is intended to put more pressure on the USCIS, because they will have to start refunding applicants if the bill is approved and they don't provide the information asked for.



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