Sunday, June 12, 2011

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  • desi3933
    07-05 03:30 PM
    There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine

    Incorrect.

    This is for I-485 filing only and it is
    out of status days should be < 180 days since the last entry into USA


    ___________________
    Not a legal advice.




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  • gcwait2007
    02-15 11:48 AM
    I am in similar situation. I have received EAD and AP but planning to move on, using H1-B transfer.

    If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??

    Or

    Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.

    Please advise.




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  • kumar1
    10-10 01:40 PM
    Sorry, I am already married. :rolleyes:
    Marry me...i like funny people......

    /thread




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  • sunny1000
    09-15 08:01 PM
    Chandu keeps opening the threads and keeps talking to himself....he is so lonely.

    He is trying to motivate people to go the rally...If you can't go or help in anyway, simply move on...don't whine about the threads...

    Thanks to Chandu and others for the motivation.



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  • Rinsha
    04-03 07:56 PM
    Why is it still unaccessible? Are you guys experiencing the same?
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html




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  • met3259
    07-18 04:53 PM
    heh..heh.. i guess you're wrong :cool:

    my LC haven't came out from BEC mess, PD Feb 2005 - Non RIR/TR (ROW)
    just wanna know about this whole green card cap thing

    so i can prepare myself mentally how long i have to wait for GC :o

    No one knows how long. My guess (I am PD mARCH 2004 ROW) is:
    In October ROW EB3 (?) you may be able to apply for I-485 & I-140, BUT you are now in line behind 100,000 ? 50,000 ? 500,000? applicants.

    Hopefully this won't happen, but you need to be prepaird for a 1 - 3 year wait. These hundreds of thousands of applicaitons in for I-485 will now back-up that system

    Again - hopefully I am wrong. I have been here since March 2001 and am 1 - 3 years away I think.



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  • wizkid732
    08-26 07:47 AM
    Thanks overseas.
    Just curious... has your case been approved?
    I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.

    They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.

    I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).

    I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.

    I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).


    wizkid732,

    My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.

    On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.




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  • sukant71
    02-12 08:15 PM
    Is not weired funny dicriminatvie while 2003/2004 already gor GC while April2001 are waiting for approval.
    You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
    Why April2001 has to wait for 8(eight!) years



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  • krishmunn
    11-30 02:32 PM
    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.

    From the data, it seems you are right. But it is pretty confusing. If your logic is correct then once the July 2007 backlog is cleared, will they say 0 demand and then make all dates current again ??
    The "demand" ideally should mean people whose 140 has been cleared and waiting to file 485 + those whose 485 has been filed and not yet processed.




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  • chandupatla
    02-25 10:35 AM
    Is it required SSN... I am on H4..I don't having the SSN... I search the MVA site but they asking SSN..Is it necessary?



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  • milind70
    10-15 10:45 AM
    Hello Gurus,
    I am EB3 India with PD September 2002.

    After all these years of endless waiting I am called for
    an interview at the local office in Philadelphia
    in Nov 26th 2007.

    Here are my details:
    Labour Applied: September 2002
    Labour approved: September 2003
    I-140/I-485 Applied: April 2004
    I-140 Pproved: August 2004
    Got married: August 2005
    Applied I-485 for Wife: June 2007
    Current Status of Wife: H1-B
    Countelss EADs and APs for me and a recent EAD approval
    for my wife with her AP still pending and status is still H1-B.

    In the beginning of this year, I resigned from the
    company who was the original sponsorer of my GC.
    I then started contracting on hourly basis and worked for
    a decent hourly rate for the first half of this year.
    Finally I got a full time offer with decent salary and
    benefits and took the job. I started working for this
    job - remotely and also took up another contracting job
    on an hourly basis (Got greedy as I waited too long :-))
    and started working on both these jobs.
    The point is - it is a different technology and not even
    remotely connected to my original job where my Labour
    cert was applied and approved. I was a developer
    back then and with all the experience, I couldn't
    continue as the pay was too low and no growth at all.

    I can have a letter of future employment that
    states that I have on offer in the same technology
    in which my original labour was applied and approved
    and that is not a problem at all.

    Please advise me on how to go about it. I can
    afford to pay and take the best attorney with me
    to the interview - some one who is very well known in
    the Philadelphia area.

    Any inputs/advise are really appreciated.

    IMP: Icing on the cake - my PD was mentioned wrong in
    the interview notice - it says april 2004 !!
    That was when my i-140 was applied and not labour.
    My labour was applied in September 2002 !!!
    Advise on this is also appreciated.

    Thanks a lot.

    I think you should be fine, just be confident dont waiver in interview.
    Stick to what is on paper.
    Regarding your PD it is of utmost importance that you get it corrected now
    than later, I had a friend who had a PD of May 2001 but his PD was detrmined to be may 2004 his attorney raised a query and got it corrected.
    I think in your case because have put your 140 date as PD since PD is usually determined at 140 stage and u have filed concurrently,make sure you bring this upto the notice of USCIS and get it corrected .




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  • pitha
    11-19 01:47 PM
    This processing dates is just an act or rather a scam. USCIS and DOS will do what they like. I personally know a lot of people who applied there 485 a month after I did during July 2007 and whose priority date was 6 to 7 months behind me and they got there green card in August 2008 and I did not, I am sure a lot of you are in the same position. Whats the point in looking at these processing dates when there is no order or proper manner in which USCIS processes them, it is worse than a fish market. If we are lucky the monthly bulletin dates might move again (I doubt it), even if it moves you just dont know how far it might move, it might be 1 month or even to 2007. USCIS will then issue GC to 2007 and make a fool of 2004 and 2005 folks. I guess we have no choice but to bear this brutality. I for one have stopped looking at processing dates and even monthly bulletin. On top of it we have Obama\Durbin in control of washington, not sure what sort of nightmarish "immigration reform" they are cooking. I am at a low point, for the first time I am fearing I might have to leave US (or might be kicked out of US by Obama \Durbin "Immigration reform") after comming here and staying legally for 10 years and obeying all the laws.



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  • hope2007
    08-15 03:22 PM
    My 485 was filed on july 2nd, have'nt recieved the RN,Now i want to file for EAD/AP without RN (cos need it badly for my wife) but the lawyer is advicing against it. He says...


    My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.

    Anyone in the same boat..




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  • clif
    10-15 07:41 AM
    There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

    EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.



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  • nonimmi
    06-11 04:20 PM
    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

    Zee.

    Visit this....

    http://immigrationvoice.org/forum/showthread.php?t=4285




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  • Jerrome
    07-27 12:33 PM
    What was the RFE on the Birth Certificate and 325?. It would be helpful for people who are filling now to avoid the mistakes.



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  • snathan
    03-24 01:23 PM
    Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.

    If you have traveled you have different i94 from the recent travel and different one in extension.

    Do you have any source on this....I also had to amend my H1B last month. Its done without any issues..




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  • ameryki
    07-22 09:30 AM
    very well said mate! the ultimate objective of this forum is for people to come together and move forward to achieve our cause and not be worried about the dots etc.




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  • andycool
    11-17 09:26 AM
    DMV stopped issuing DL based on EAD card in Virginia. I guess it will be same for TX and other states. You need original I485 receipt to get one year extensiton. EAD no more valid document for extension.



    http://issso.uh.edu/PDF/TexasIDCard_%20and_DriverLicenseRevised.pdf


    http://www.txdps.state.tx.us/administration/driver_licensing_control/ImmigrationStatusChart.pdf


    please do little research friends ...this was discussed long back in this forum...

    all the documents are available in this forum




    sid_das
    04-21 06:36 PM
    sorry didnt see the last 2 lines of your post starscream....

    i will talk to some lawyers and hopefully get some answers.

    my company said the appeal will take atleast 6-7 months nowadays...

    i can work till then without issues.




    frostrated
    06-25 01:06 PM
    Hi, I hope this is the correct forum. I entered the US on an Australian passport with a tourist visa issued in London in Nov 94. After 6 months my lawyer got me a business visa extension for 6 months.

    Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.

    Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?

    Thanks for your help in advance.

    you can try to contact the australian consulate to replace your passport. they should be able to pull your information. but in any case, even though you entered legally, you overstayed for more than three years before marrying a citizen. therefore, from the time your visa expired, you are in illegal status, and i am not sure you can adjust your status by staying inside the US. I think your best option might be to return to your country of citizenship and have your spouse apply for a green card.



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