Monday, June 13, 2011

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  • Rockford
    08-28 10:06 AM
    thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.

    Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.





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  • pappu
    01-24 04:29 PM
    Is your lawyer your lawyer or company's lawyer?

    You must consult a lawyer who has lot of experience with AC21, EAD/H1 issues.





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  • mirchiseth
    05-29 08:51 AM
    When our original APs arrived last year in October they had a expiration date of September 28, 2008. But then we traveled to India and came back on AP. Now stamped AP says

    Paroled until 02 Jan 2009

    My question is which expiration date should use for renewal purposes and apply the 120 day rule.

    Please let me know.





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  • mtsaha
    08-09 11:12 AM
    Hi,

    I am concurrently filing I-485 with I-140 (already e-filed).
    The instructions say that I need to write "alien receipt number"
    behind my 2 photos that need to be submitted with i-485.
    What is this "alien receipt number"?

    Thanks for any help!
    mtsaha



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  • teky
    11-12 05:30 PM
    Give atleast 1-2 months for booking the appointment. It was a harrowing experience getting an appointment to the point where my fingers were aching. Also add in time for the Canada visa. We went to Canada consulate in DC for the Visa.

    Regards,
    Teky.





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  • OLDMONK
    06-16 08:19 PM
    I am in similar situation in regards to my wifes H1B and EAD situation. Following is my understanding but could be wrong. there are gurus in this forum who have been digging rules for years and would certainly point out any indiscrepancies in my reply. Make sure you keep reading the thread for a couple of days.

    I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

    >>>WAS your COS (Change of status) applied while filing for H1B ?

    What will be my status untill Oct 1st from the day my H1 is approved?

    >>>You will be on H4.

    Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?

    >>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).

    >>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.

    What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?

    >>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.

    What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?

    >>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)

    What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
    >>>No idea.



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  • beautifulMind
    05-03 07:06 AM
    I have still not received the approved I-140. I am hoping it would have the old date since I request priority date transfer.





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  • mailsunnydeol
    08-05 01:07 PM
    Did you had to go for an interview or another fingerprinting before you got the welcome email ?
    Neither an interview nor fingerprinting.



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  • va_labor2002
    06-17 12:53 PM
    Once the Core team drafts a letter we can send that....

    Any comments from Core Team Members ? Is it possible to send ? Who is going to draft a letter ?





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  • scabal12
    06-11 09:38 PM
    I recently got laid off and the company I was working for stated that it will revoke my H1-B. However, the same company applied for GC 4 years ago and currently the I-485 approval is pending. I did not renew my EAD after it expired last year and just continued on H1-B. I only renewed my wife's EAD which will expire next year. So, can I apply for renewal of EAD now and stay legally in this country while the EAD is being processed.



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  • pappu
    08-29 09:12 AM
    http://immigrationvoice.org/forum/showpost.php?p=49847&postcount=1

    http://immigrationvoice.org/forum/showpost.php?p=20985&postcount=1





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  • Ann Ruben
    07-12 02:24 PM
    You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.

    For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:

    1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
    2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
    3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
    4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).

    Hope this helps,

    Ann



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  • MannyD
    09-07 06:36 PM
    Please respond so that we can get an idea of the distribution of EB cases.
    You have to be logged in to participate in the poll.
    Thanks to MrWaitingGC for the initiative.





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  • gc_chahiye
    09-24 04:10 PM
    Message for USCIS:
    PERPETUAL EAD AND AP - STOP STEALING OUR MONEY AND CREATING MORE WORK FOR YOURSELF

    they are not stealing your money. The current situation can be explained on the basis of existing laws. Need to be careful about our messaging.

    The very fact that all fixes we are asking for are legislative changes implies that the current situation has less to do with USCIS and more with old arcane laws. There are a lot of things USCIS can be accused of, but not 'stealing money'



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  • furiouspride
    02-11 04:55 PM
    If I'm not mistaken, the 485 processing times for TSC are much shorter compared to NSC. My case is at the VSC which is still doing 06 applications. Is there a particular reason behind this or is it just the sheer number of applications that VSC receives?





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  • GCWhru
    12-01 09:48 AM
    I believe no group is formed for TN. I am requesting people to reply so that we can count and form something.

    Thanks



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  • LondonTown
    05-04 07:58 AM
    Hi-

    My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.

    In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.

    I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?

    Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.

    I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.

    Thanks


    You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.

    Technically they only fix the errors made by their officers but they can do it if they want.

    Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.

    If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.





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  • apahilaj
    09-12 02:29 PM
    Hello Guys,

    I was wondering if any one of you have any estimated time for FP notice from TSC?

    My 485 ND is August 27 from TSC (case originally filed at NSC on July 2nd which later got transferred to TSC) but haven't received any FP notice yet. Is TSC slower in issuing FP notice?

    Also, I believe that it may depend upon the ASC office situation as well. I am from NJ so may be Newark ASC must be "overbooked" now for FP.

    Any ideas? Thanks.





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  • eyeopeners05@yahoo.com
    05-01 10:07 AM
    Thanks guys for all your responses....

    I got the paperwork from my attorney for my wife's 485 as they want us to be ready so that if dates are current, we just mail the paperwork without having to start at that time.

    However, my wife is pregnant and i am not sure if medical examinations are possible. What are my options ?





    zoozee
    06-11 04:18 PM
    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

    Zee.





    alseethis
    06-11 01:00 PM
    How is the market? I want to share my history and see if the situation is the same in other places.
    I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
    At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
    Today we are trying to hire another programmer and so far, 1 month, no one show up.
    I don't know if this situation is happening in other places, but from our experience since 2003.
    - there are not many americans interested in IT ?!?
    - the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
    - due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.

    My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.

    Again, anyone seeing the same in other places...



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