Sunday 26 June 2011

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  • Funky_Monkey
    09-13 11:56 PM
    Thanks for all your replies!

    My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.

    I was holding H4 visa before I started using the EAD.

    Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.

    I definitely want to speak with an attorney so Gus I will PM you.




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  • whitecollarslave
    02-10 02:20 PM
    Thanks for the uplifting message. The problems are many. Lets think about the solutions.




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  • GCaspirations
    09-21 10:46 PM
    Hazishak,
    did you receive the finger print notice?




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  • pappu
    07-02 09:39 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
    Once you go out of the country without filing 485 or getting EAD after 485. Your 140 and LC is still valid (provided the employer has not cancelled it). If the job and position for you still exists in the company (and the company wants you for employment), you can file 485 from anywhere and go for councellor processing.



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  • sk.aggarwal
    03-25 01:52 PM
    I filed on first week of feb. My 6 yrs with recapture ends in april 2011. Is it possible to go out of country some time in june 2010 and recapture more time ?

    As per my attorney yes, it is possible. I am in same boat. Waiting for the PWD to come will plan how much time I need to be out of country based on that




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  • guyfromsg
    07-30 08:14 PM
    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.

    By getting EAD you are not using it. When the company submits new I-9 form along with EAD that's when it get's "used". I'm in the same boat, will keep extnding H1 and also keep EAD as a backup



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  • solraj
    03-19 01:24 PM
    Check with the employer and the designated lawyer if they received a notice saying 140 denied.If not check with your employer and see how the trend is wrt 140 approvals recently if anyone got approvals or any denials if yes is it an Ability to pay or Education.Either way you can file a Motion to reopen for both 140 and 485.I believe it has to be done in 30 days. So you should really rush getting this done.I would advise doing it from a very experienced lawyer than the actual lawyer who filed your original cae.




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  • dc2007
    07-25 08:14 AM
    Anybody please help ....



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  • bitzbytz
    07-13 02:24 PM
    i backup admin...no threads for illegal issues. May be we can use private messages.




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  • magician7989
    09-05 06:52 PM
    I will be there. Do you know why they made all cases current in june if they have that much of a backlog. Amr Diab is some good music right there. Did you go to Sharm



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  • ags123
    02-10 06:28 PM
    The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
    These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)




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  • fatjoe
    03-17 11:33 AM
    My husband recieved a transfer notice for his I-485 from TSC saying that the
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
    I will greatly appreciate any help with this.
    Thanks.



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  • m306m
    12-12 03:32 PM
    Vallabhu is inaccurate. You can leave the US with an expired I94. Immigration Officials do not collect the I94 from an individual, more often it is the airline staff who collect it and pass to immigration. Also you status come into play when you enter the US. When you fly in just show your AP and I485 receipt and you should be fine.

    Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .




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  • go_guy123
    05-18 10:12 AM
    How much time is it taking to get PR. Is it 3 years?

    uma001...they is a forum for canada immigration in britishexpats.com.
    You will get latest timeline data from US. I think it is around 1.5 years now.

    fatboysam...Canada immigration is very straightforward.
    There is not need for lawyers/agents etc. In my opinion it is better to do yourself.
    My observation with lawyers/agents is that they sometimes oversell chances to sign in new contracts and then come up with fine prints etc and put indirect pressure to fudge things.



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  • desi chala usa
    07-08 03:04 PM
    Congratulations!!!

    My 2 cents....explain situation to your wife's new employer and wait for 2 weeks your wife should have physical card with in 2 weeks. If it is emergency you can use H1/EAD as you have not received anything in written from USCIS.




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  • desigirl
    12-02 09:42 AM
    what are our chances if the Dream Act does not pass? Dream is #7 on the list.



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  • CADude
    07-26 05:39 PM
    TSC did hard work in last 3 weeks of June to exhaust the visa#. Did 9 months of work(66K approval) in just 3 weeks(60K approval)? Now they are in USCIS paid vacation for whole summer for good work. :) They will back on Oct and issue the receipt notice for july filers. now they know their potential :D so have patience. :cool:

    I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....




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  • GCVivek
    04-10 01:18 AM
    Almost all visitors from most countries need to appear for visa interview before coming to the US. As for the question about the student niece, there are more formalities. DS-160 is the least of them. School must approve and issue a SEVIS form, you have to show lots of documentation to show you can financially support the student or she has funds. I know because I have my niece here who i have sponsored but she is in community college. I suspect for 8th grade to be even more strict. Check with US consulate for requirements of interview in your home country.




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  • LostInGCProcess
    09-02 11:15 AM
    as per IRS - OP is on EAD not on H1B. I-9 form is sent to the Pay-roll company , they report the legal work status to IRS. If you have filled EAD on I-9 your legal work status is EAD and not H1b.
    OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
    Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
    If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
    you might want to double check this info from valid source :)

    By far the best response to the question posted. I gave you a green. :)




    chanduv23
    01-08 02:40 PM
    Z^^^^^^^




    gc_maine2
    07-03 03:21 PM
    see answers in Red

    Hello all,

    I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?

    __________________________________________________ _______________
    2. I am __ years of age and have resided in the United States since (date) ______

    Do I enter the date I first landed in the US, or the most recent landing?Yes date of first time entry into US

    __________________________________________________ _______________
    3. Name of spouse and children accompanying or following to join person:

    I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?You need 2 i-134 forms, for your father write your mother name, & for your mother's 134 write your father name
    __________________________________________________ _______________
    7. I am employed as or engaged in the business of _______ with _______

    Should I enter my company's business type in the first blank and name of the company in the second blank?Your title"programmer" with .. Company Name______________________________________________ ___________________
    8. The following persons are dependent on me for support:

    My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
    __________________________________________________ _______________
    9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.

    I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?I don't think you need to write your wife name, this is generally of you have sponsored visitor visa for your brother sister., in-laws.. ect.. if you have not sponsored anyone don't write anything
    __________________________________________________ _______________
    10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?

    I had of course sponsored my wife's H4. For date submitted, what date should I use? "None" , but check with others
    __________________________________________________ _______________
    11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
    What should I enter here?
    Check Intent to & wirite that all expenses incl. but not limited to ticket, accomdation, medical & . if you want exact text PM me
    __________________________________________________ _______________

    Thanks in advance!



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