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  • ho_gaya_kaya_?
    01-12 06:48 PM
    Hey Bhnupriya

    could you please post some tips on how to form the sample letter for I140 ?

    i need both I140 as well as copy of labor

    Thanks.




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  • rkrishna123
    10-17 02:52 PM
    Hi,
    I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.

    Krishna.




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  • siddar
    09-04 11:09 AM
    That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.

    This is my understanding....




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  • GotGC??
    06-21 09:22 AM
    Any idea what constitutes a "simple, str forward" case? At 485 stage, what are the things that could potentially make it a more complicated case?


    Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.



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  • sankap
    07-06 06:05 PM
    Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:

    "AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."

    I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"




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  • conundrum
    02-01 07:05 AM
    Keep all your documents ready and apply for ur wife as soon as your PD becomes current.



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  • anurag
    02-12 02:12 PM
    Freakin_GC,

    I am in the same boat as you. My wife was born in another country besides India, hence the Cross Chargeability. However our (Wife and my) 485s have been filed already. I am not sure how to get into the ROW boat.

    All I can offer now is that I'll post whatever I hear from my lawyer. Let me know what you can find from your end.

    Regards,
    Anurag




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  • go_guy123
    04-19 12:08 AM
    Hi Folks,

    My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
    I would appreciate any pointers or suggestions here.

    in 2007 fellow indian international students in Canada used to get loan from
    https://www.isloan.org/faqs.htm

    but in 2008 that was closed. However you can call and find out from them.
    With the credit crisis I am not sure if they give anymore. ask if u cosign then can they give or not



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  • desi3933
    02-21 08:29 AM
    ......
    My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

    Thanks for the insight.

    For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).

    Here is my old post dated 09/09/2008 on this topic
    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704

    .....
    Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
    .....


    And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.

    In short, aal izz well.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • zCool
    04-03 03:35 PM
    See below for answers:

    Hi there,
    this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....

    Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:

    - Can you work for 2 employers at the same time while making the switch?

    -- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
    That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
    - How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?

    -- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
    Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
    - Is traveling to my home country OK while filing the petition or is it better to wait until I come back?

    -- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
    Thanks a lot!

    BTW, as queries go.. this one wasn't complicated :) Relax!



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  • gapala
    04-22 02:53 PM
    Think twice before you jump into mistakes. How can you survive in USA if you dont have a job.

    I agree with the other post, you probably might be better in India in this economy.

    Also US is becoming something else, due to the pressure from "protectionalists" and you need to wait and see what happens in an year or so. This is not 1998, it is 2009.

    To answer your question, you chances for 2010 H1B is extremely low.

    Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.

    For an employer to sponsor a foreign worker on H1B,
    First of all, there needs to be a skilled worker position open and available in US and
    2nd that there are no "qualified" US citizens are available to fill that position.

    OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.

    No offense to any one but just calling for more caution as we have seen increased number of posts like these.




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  • bpc2001
    02-25 03:20 PM
    Please, the date does not mean what it should mean. Otherwise nobody can explain the fact that this date can go backwards. For TSC, it went back from May 24 to April 10.


    The processing date listed is the received date of the oldest case that they have not adjudicated or pre-adjudicated yet (maybe due to some problem). It does not mean that cases filed after April 2007 are or will not be adjudicated.



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  • immigrationvoice1
    02-27 01:08 PM
    Hope this documents appears in the sites run by the "anti-employment based immigrants" supporters.




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  • iwantmygreen
    04-22 08:29 PM
    Has anybody got any experience where an approved 140 was revoked by employer. The 485 is pending.



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  • vin13
    07-01 02:10 PM
    I am not sure if this is what you are looking for...please check this. It says someone on "Parole" may be eligible non-citizen.

    Source:Completing the FAFSA 07-08/The Application Questions(14-31) (http://studentaid.ed.gov/students/publications/completing_fafsa/2007_2008/ques2-1.html)
    Citizenship status. You can receive federal student financial aid only if you are a U.S. citizen or an eligible noncitizen. If you have changed from a noncitizen to a citizen and have not informed the SSA, contact the SSA to update your status. Otherwise, the SSA may report that you are not a citizen, and you will have to provide citizenship documentation before receiving aid.

    For financial aid purposes, an eligible noncitizen is one of the following:

    A U.S. permanent resident who has a Permanent Resident Card (I-551 or I-151)
    A conditional permanent resident (I-551C)
    A noncitizen with an Arrival-Departure Record (I-94) from the Department of Homeland Security (DHS) (specifically, the U.S. Citizenship and Immigration Services) showing any one of the following designations: "Refugee," "Asylum Granted," "Parole" (the I-94 must confirm 'paroled for a minimum of 1-year and status' has not expired), or "Cuban-Haitian Entrant"
    If you are neither a citizen nor an eligible noncitizen, you are not eligible for federal student aid; for example, you are not eligible if you are in the U.S. on one of the following:

    An F-1, F-2, or M-1 student visa
    A J-1 or J-2 exchange visitor visa
    A B-1 or B-2 visitor visa
    A G series visa (pertaining to international organizations)
    An H series or L series visa (allowing temporary employment in the U.S.)
    A "Notice of Approval to Apply for Permanent Residence" (I-171 or I-464)
    An I-94 stamped "Temporary Protected Status"
    However, you may be eligible for state or institutional aid and may therefore wish to complete the FAFSA to apply for that aid. If you are completing a paper FAFSA, fill in oval C. On FAFSA on the Web, indicate that you are not a citizen by using the drop down menu. Please note, however, that if you do not have a Social Security number, the processor will not process your FAFSA. If you are in this situation, you should contact your school for information on how to proceed.




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  • clear485
    06-08 01:53 PM
    I did think about doing it this way, but it didn't feel the "right thing to do"...

    I spoke to my lawyer on what to do , but I'm not getting a straight answer.

    Do you guys recommend a lawyer that would be able to help?

    I checked Murthy.com and she asks for $250/20min of consultation... Is she that good? Should I consider calling her?

    I did consult Murthy....she is good and will give you better solution....few of my friends used her law firm and resolved few complex queries....I have heard from my friend she is very good at document preparartion for real complex problems...

    My suggestion is, better go to her office if you are in tri-state area....if you use her service then she will waive $250 in legal fee....



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  • gsiskind
    07-23 10:12 AM
    This idea was floated a few years back, but then we did not have the win of a flower campaign behind us.

    We now have a senator to focus our energies on - Dick Durbin.

    How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?

    Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.

    maybe we can send an apple too :D

    sending to sen obama will make sure the issue is played in media because of the presidential coverage.


    Durbin likes to have it both ways - be perceived as being pro-immigration (for his work on behalf of Hispanic illegal immigrants) but also being the champion of unions. I think he might respond if he starts to get labeled as anti-immigrant. He will not want to start to get the label of being someone who opposes immigrants. But I'd probably stick to the flowers and make it IV's signature. When the media hears about another flower campaign, they'll know something big is up and that the person getting the flowers is being targeted for an important reason.




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  • ramaonline
    06-15 02:13 AM
    h1 is dual intent visa under the current laws it is perfectly legal to hold both h1b and ead statuses - u can be in just h1b status if u wish or get into EAD status or maintain both if the h1 is valid




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  • willigetgc?
    01-21 01:15 PM
    To avoid being like the thread running a few days ago, I don't want to be responding to each response. However, I do want clear a few things:
    I am not promoting one parenting technique over the other.
    As I said, I agree with a few things and disagree with a few things the author talks about.

    Having kids myself, I cannot think of a parent who would do harm to their own child. Each set of parents come with their own parenting skills that works for them and their children. I leave it at that.

    I only posted this because my doc asked me of my opinion and I in turn asked the opinion of IV members. If this thread is going to turn ugly, lets stop it, that was not my intention.




    cptbaseball
    05-14 11:22 AM
    Hi attorneys,

    I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.

    Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?

    Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?

    Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???

    Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?

    Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?

    Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?

    Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?




    logiclife
    08-01 01:57 PM
    Here is my prediction.
    With July Fiasco INS has learnt their lessons.
    They have potential to process and approve 40K cases in one month.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
    I think they might even issue again 40K cases in october ?
    Why not ?
    So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
    So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
    I would say dont be surprised if it takes just one month to approve ?????

    Finger-printing and namecheck are not connected. Namecheck is triggered as soon as receipt is generated. Fingerprinting is separete. The two are not going to affect each other. The only thing is fingerprinting results are out in about a minute or two, namecheck can take anywhere from 2 minutes to 20 years.

    you can expect faster processing times for those categories who tend to be current for most bulletins. Which is EB1 and ROW EB2. Everyone else who is current every once in blue moon is not going to get processed quickly.

    The only guarantee is that they wont waste the visa numbers this year or next year, coz they did that last year and wasted 10,000 visa numbers and got unpleasant treatment for that.



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