Tuesday, June 7, 2011

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  • FinalGC
    05-10 04:50 PM
    I do not think USCIS declares that as a status, since u r in "LIMBO" status when in EAD or doing adjustment of your status, from previous to current.

    If something negative happens to your case...you immediately become illegal status......So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.





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  • gauravsh
    05-04 01:23 PM
    :) when you are in India, you are NOT on H1B status.
    So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
    The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.

    So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.

    But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.

    Thank you sir!!





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  • go_guy123
    01-06 11:00 AM
    CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!

    "That" legislator also knows it is impossible. He/she is doing it for a poltical stunt so that he/she can go say I did try from my side.

    My belief is that this time around they will try a Dream Act - SKIL Bill combo meal to get some votes in Senate/House





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  • akilaakka
    07-28 01:17 PM
    Yes I had one



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  • senk1s
    09-28 03:07 PM
    so it looks like TSC is getting help from CSC ....

    But nothing about apps being transferred from nsc to csc





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  • rajenk
    09-16 04:48 PM
    USCIS is doing this to me the second time. They did the same with my EB3 I-140 and now with my EB2 I-140! I am really upset about the way this lazy NSC is handling I-140s.

    My EB2 I-140 was filed with premium processing on 9/2/2010. Today is 09/16 already and there are no hopes of my case getting touched or approved in 1 day! How do I know, because there are no LUDs since 09/03 (when the premium processing receipt issued).

    Same thing happened with my EB3 case when I requested for premium processing (at NSC) they gave back the premium fee and said they cannot complete the case with in 15 days! So why are they even having this premium service to fool around....

    Is there any thing that I could do about this?

    Thanks,
    Raj:(

    Check my next post on this thread. My I-140 got approved without any LUD changes! Came to know approval from attorney's office!



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  • h1techSlave
    05-22 12:40 PM
    Do we need to pay $340 for the second renewal of EAD and AP?

    USCIS page says, no fee only if you have filed 485 after July 30, 2007.





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  • ItIsNotFunny
    11-18 06:03 PM
    I hope so.

    May be they are upgrading their systems, there was a post in this forums about uscis plans to merge 3 databases etc... may be its happening at last.:D



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  • Wolf



  • chanduv23
    09-19 01:01 AM
    We saw many toddlers and older kids! Brave little ones!!!

    By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!

    And I was looking for you - actually I was on the stage - behind the speakers holding the flag

    I am partially visible in this shot behind Aman

    http://picasaweb.google.com/legalimmigrationvoice/ImmigrationVoiceSep18thDCRally/photo#5111711221748306082

    I was walking with MACACA all along the rally





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  • pappu
    07-12 02:59 PM
    I got different answers from Khanna and Murthy.

    Khanna office saying we can apply for 485 with old priority date(140 will be approved with new pritority date), murthy office said it's better to get 140 approval with old priority date and then go for 485.

    check with your attorney.
    when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.



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  • Comments: Alex De Pase - wolf



  • gc28262
    04-07 05:55 PM
    psaxena,

    Congrats. Thanks for the tips.

    Like to hear more of your GC dreams :)





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  • frostrated
    08-18 12:56 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..
    The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.



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  • jasmin45
    07-23 08:11 PM
    I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
    1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
    2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
    3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
    4. What are the possible outcomes for my I-485 under this job change situation?
    5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
    6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
    Job requirement change may have negative effect on I-140. Because the 140 is based on approved labor and for labor certification, your company must have advertised the job requirements. Please consult a good lawyer for advise and he will come up with options if possible at all.





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  • freddy22
    04-24 09:26 PM
    Contact an attorney mister. Duh?

    there is a word I am thnking of begins with a M and ends with a N



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  • dvb123
    10-05 12:20 AM
    Visit Vizag aka visakhapstnam





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  • LostInGCProcess
    02-04 06:02 PM
    Remember, if you leave US before AP is approved, you cannot use it to return back to US. On the other hand, if its approved and if its postal delay, and you left right after it got approved, then you can make arrangement to send it to you overseas and use it to enter US.



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  • wolf tattoos. Wolf paw print



  • fittan
    09-18 11:18 AM
    vxg...I disagree with your statement that "stamp...can be forged'. Anything can be forged (e.g. passport, money). If the I-551 is legit what do you have to be afraid of?

    wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.





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  • div_bell_2003
    01-12 02:32 PM
    If your I-485 was filed in that mad rush on July 2007, you *have* to pay renewal fees for EAD/AP every single time. Remember, USCIS had extended July 07 filings acceptance date till August 17,2007 due to their own screw up. Here on or before 30th July 2007 means 17th August, 2007. FYI, my I-485 was filed on 17th August, 2007.

    But if you have filed your I-485 after that and the filing fee for that was around $1000 ($1010 I believe ), then you get free renewal of EAD/AP. When I e-filed the EAD for my wife, it made the fee calculation for me, so it's hard to go wrong there.


    Gurus,

    Here is what I found on USCIS website for renewal I765
    *****
    If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
    *****

    I filled my EAD with I485 on August 2007. I got my EAD on 10/21/2007 which
    is expired and want to renew it.

    Do I need to pay the filing fee? Here it says any one filed I765 before July 30th 2007, they need to pay the renewal fee but nothing is mentioned for those who filed afterJuly 30th 2007?

    Does any one has any idea?





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  • anilsal
    12-19 10:41 AM
    I think the Sen.Cornyn's staff do not mind when we call. They like people that support their bill. We have to call just to maintain the momentum.

    Sen.'s office in DC
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Tel: 202-224-2934
    Fax: 202-228-2856





    sands_14
    10-17 02:30 PM
    What is yr name if I may ask?





    Antonio Trivelin
    September 1st, 2006, 03:16 PM
    Just for fun :)

    http://img160.imageshack.us/img160/1209/engenhohdr800shpassin2copytx8.jpg (http://imageshack.us)

    http://img67.imageshack.us/img67/5198/engenho2hdrshp800copyfp3.jpg (http://imageshack.us)


    :p

    Comments are always wellcome

    Antonio



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