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legal_la
06-25 03:39 PM
Guys,
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.
May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.
May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.
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dartkid31
05-18 12:13 AM
I think you are getting slightly confused here. The thing under discussion in this thread has always existed as a clause in the bill and is nothing new. The F4 is a separate provision which was struck down today. The 3 year for STEM provision still exists separate. Please have a look at the details of the bill. It should be available somewhere on this website.
Has there already been a vote to kill F4? If so, do you know what the amendment nummber is? Thanks.
Has there already been a vote to kill F4? If so, do you know what the amendment nummber is? Thanks.
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thomachan72
01-05 04:58 AM
Dustinthewind, the preview has good background score and the shots are appropriate. The narrative (labels) that show up are also quite captivating. All together it looks very good and promising, however, I would have liked to see some diaglogues also in between. Maybe a tiny bit longer would have been better. We definitely need to hear the voices of the actors to make it all the more compelling. If there are tragic scenes in the movie a glimpse of those would also be great. Anyway I am not requesting you to change anything but just suggesting a few ways such previews could be more effective. [/I]
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gc_kaavaali
12-10 11:52 AM
In my view changing employer when you have pending 140 is risky...
any suggestions if 140 is not approved?
Filed in August 2007......doesn't look like there is much movement based on tracker!!!!
EAD in hand
any suggestions if 140 is not approved?
Filed in August 2007......doesn't look like there is much movement based on tracker!!!!
EAD in hand
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DesiTech
06-01 06:25 PM
hi viewers,
any help will be appreciate in this matter. MY PD is June/2003 and my i-140 approved few weeks back. When can I file my 485 ? do I need to wait till PD ?
Also can I transfer to other company maintaining my approved i-140 and PD ?
What are risks involved here.
Thanks U all in advance.
any help will be appreciate in this matter. MY PD is June/2003 and my i-140 approved few weeks back. When can I file my 485 ? do I need to wait till PD ?
Also can I transfer to other company maintaining my approved i-140 and PD ?
What are risks involved here.
Thanks U all in advance.
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delhirocks
06-17 12:11 PM
Why do you think the bill will be passed? It is very tough. Even Senate passes it is tough in House. Also it may not be passed in current form. Even current form is passed you will get gc faster than the people who are filing I485 now. Because most of the persons like you already filed I 485 you can file by point system and you will get soon as you have 5 years US experience.
Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess the point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess the point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
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small2006
07-11 12:14 PM
When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.
I was not aware that you needed an FP for EAD renewal as well. Could you please clarify? I always had thought that FP is related to 485 and not EAD. Am I wrong?
Also, not sure which Infopass center you went to, but my center happens to be San Antonio and I have already been there twice before for expediting EAD/AP for my wife and we also asked them about finger printing then and they said they are not an "authorized" center for that although the USCIS rep I spoke to told me to go there.
I have anyway taken another info pass appointment there again just to try my luck again.
I was not aware that you needed an FP for EAD renewal as well. Could you please clarify? I always had thought that FP is related to 485 and not EAD. Am I wrong?
Also, not sure which Infopass center you went to, but my center happens to be San Antonio and I have already been there twice before for expediting EAD/AP for my wife and we also asked them about finger printing then and they said they are not an "authorized" center for that although the USCIS rep I spoke to told me to go there.
I have anyway taken another info pass appointment there again just to try my luck again.
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paskal
07-08 10:18 PM
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joydiptac
05-14 05:02 PM
Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?
Now the question is does it automatically lead to audit?
In the present job scenario. I am sure quite a few Com Sc MS people are without a job. So having no skill specially required for this position may not make the cut easily.
FWIW
Now the question is does it automatically lead to audit?
In the present job scenario. I am sure quite a few Com Sc MS people are without a job. So having no skill specially required for this position may not make the cut easily.
FWIW
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WillIBLucky
11-17 01:56 PM
That brings up a good point, why do you think all the PDs are moving except India?
Is there really that many applicants from India than China
The problem is even CIS layed off many people since 2004 and now are left with few people to work on. The left out people are not "like Indians in USA" kind of people.
And further more they cannot offshore processing to India as well. So what do they do......hmm lets retrogress Indians. Its working for them.
Is there really that many applicants from India than China
The problem is even CIS layed off many people since 2004 and now are left with few people to work on. The left out people are not "like Indians in USA" kind of people.
And further more they cannot offshore processing to India as well. So what do they do......hmm lets retrogress Indians. Its working for them.
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Better_Days
10-14 07:30 PM
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
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martinvisalaw
03-18 03:30 PM
Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.
It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.
It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.
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vedicman
10-21 09:56 AM
Hey bhagwan, is budde ko dharthi se tu utha le..
(Oh almighty, summon this old man away from us)
Two choices God:
1. Amen
2. Give him some sense :)
(Oh almighty, summon this old man away from us)
Two choices God:
1. Amen
2. Give him some sense :)
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chanduv23
07-11 11:45 AM
Hi Folks,
I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.
I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.
I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.
Please advise/suggest...
Thanks.
Moderator: apologies for cross-posting but I needed an answer soon.
I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.
I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.
I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.
I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.
Please advise/suggest...
Thanks.
Moderator: apologies for cross-posting but I needed an answer soon.
I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.
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javadeveloper
07-26 04:51 PM
If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
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clear485
03-27 01:07 PM
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien?s last lawful admission to the United States and must not count violations that occurred before the alien?s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA ? 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
Above documents are good....but have one concern here....let us assume....
Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...
Will it be a problem ?
The adjudicator must only examine the period from the date of the alien?s last lawful admission to the United States and must not count violations that occurred before the alien?s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA ? 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
Above documents are good....but have one concern here....let us assume....
Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...
Will it be a problem ?
more...
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javadeveloper
07-20 09:51 PM
OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?
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Sakthisagar
10-21 10:37 AM
Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news
We do not have problems if everybody is ignoring this guy grassley but that is not the Truth. USCIS takes it seriously and issue a memo upon his letter which makes our Legal immigrants life miserable! What do you say for that.
Example: The infamous Employee employer relationship memo of Jan 18th came out from this B*** heads letter to Mr.Mayorkas.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news
We do not have problems if everybody is ignoring this guy grassley but that is not the Truth. USCIS takes it seriously and issue a memo upon his letter which makes our Legal immigrants life miserable! What do you say for that.
Example: The infamous Employee employer relationship memo of Jan 18th came out from this B*** heads letter to Mr.Mayorkas.
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09-14 03:38 PM
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02-13 01:10 PM
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jungalee43
12-23 12:29 PM
I must travel to India due to family emergency. My AP is valid for next five months. But just 1 week ago we changed our residence and now I have a family emergency. So my current address is different than that on the AP. I have updated my address online AR-11and have a confirmation document with both the addresses. I will clear immigration at JFK. Would this addres change create any problem? Has anyone gone through similar situation? The new adress is in the same state, just 4 miles from previous address, but city and zip is changed. No employer change.
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