Thursday, June 9, 2011

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  • gccovet
    11-03 08:10 AM
    Sorry if this question has been answered already. I searched and could not find any related threads.

    My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.

    My priority date is Feb 2007.

    Is it a good idea to renew my H1B even though I already have My EAD?

    If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?

    TIA for the responses.

    I agree with meridiani.planum. H1 is better then EAD, you maintain status incase of 485 denial etc.
    Also, there is no cap on h1 extensions. A person can get 3 year extension only 1 time after 6th years on H1 being 140 pending > 1 year or approved and 485 pending .

    I also would request you to spare some time and send in 4 letters in support of fight against AC21 cases getting denied.
    for your reference, check out http://immigrationvoice.org/forum/showthread.php?t=22182

    Thank you for your time,
    GCCovet





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  • waitnwatch
    05-17 10:44 PM
    That is true. This thing called "special handling" in common parlance is, thank god, not a hot topic of discussion. I hope this clause doesn't get weeded out given the current scenario where they have killed F4. I really wonder if "highly skilled" legal immigrants would ultimately get any benefit out of this bill. Limboland is where many people are - and at the end of the day you still get to live in Limboland and become its citizens by default.

    My two cents! :( :(





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  • Pearce)(Rebecca Rigg)



  • vinzak
    04-13 06:53 PM
    i remember someone posting right here in IV that they got their GC when PD was not current. USCIS later asked for the GC back cuz it was given in error.:) To make things worse the poor guy obviously didnt renew his EAD and couldnt work.

    So even if you get GC out of turn, I believe the correct thing to do is to return it. Or it can be more problems.


    Here's the link on that topic:
    http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html





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  • knnmbd
    08-29 03:07 PM
    I did a little research I think that depends on the University and not in the type of master degree (on campus, online). There are some well known Universities that offer Online Master degrees like SMU, Michigan, Harvard, Illinois accredited by their respective boads.

    You are missing the crux of my message; buying education for a GC is not the purpose of the SKIL bill. It is intended to retain foreign workers who willfully enrolled in a U.S advance degree program to pursue higher studies, and as oh! By the way that also helps you to get your GC quicker; it’s not the other way around .



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  • gcseeker28
    07-28 03:54 PM
    So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
    What is the probability of cases of MTR getting approved after the relevant documents have been published?
    For the client letter denial reason, did anybody furnish further documents?
    Appreciate your inputs





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  • gc_kaavaali
    05-21 01:48 PM
    hi,

    Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.



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  • Title: Natalie Rigg: ELLE



  • chanduv23
    09-15 09:59 PM
    No place for the selfish - and for those lazy people expecting others to do it for them

    AMERICA IS FOR THE BRAVE,
    WORLD IS FOR THE BRAVE

    NO ROOM FOR SELFISH
    NO ROOM FOR COWARDS
    NO ROOM FOR LAZY





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  • 21: Actrors Rebecca Rigg



  • raysaikat
    10-10 11:37 AM
    Thank you very much for all your support.

    Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ?
    This is a domestic problem, not an immigration one. Legally, a dependent is assumed to _depend_ on you. Anyway, just give him a call/send an email/letter informing that his stay would be illegal after you leave.
    If I leave without informing him, then what he can do on me ?

    Legally, nothing.



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  • GCard_Dream
    07-13 09:10 AM
    OR change your birth country to England :)





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  • deepakjain
    11-16 06:36 PM
    Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:

    Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.

    I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.

    The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.

    Regards,
    Deepak



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  • simon baker rebecca rigg The heart of this retreat ministry is transforming lives through the Word of God! quot;Be transformed by the renewing of your mind.



  • miguy
    06-16 12:18 PM
    Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....

    1. can we choose the start date of our EAD or does USCIS decide that date?

    2. can you have separate start dates for you and your wife's EAD?

    3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?

    thanks





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  • eb3retro
    08-06 11:36 AM
    Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.


    congrats, ur online profile does not say if u r eb2 or 3 and whats ur PD ?



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  • EB3_SEP04
    08-27 05:33 PM
    Hi,

    My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".

    But neighter my lawyer not my employer had received the approval notice in mail.
    How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?

    Thanks,

    Even an entry level lawyer knows how to request\obtain a document that USCIS has sent but is not received. I suspect they are not telling the truth because they don't want to give you a copy.

    If the lawyer simply calls USCIS 800 number on the I-140 receipt notice and provides relevent information they would at least send a COPY if not original or duplicate.





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  • pappu
    09-14 06:20 PM
    Thanks to all those who tuned in.



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  • AB1275
    12-15 03:50 PM
    I had posted my 485 approval news ealier and it took a whole different direction .Hope for you .My 140 was denied for same reason .It was A2P and company didnt have auditted financial statements and hadnt filed taxes and to make things worse i didnt get (neither atorney) the denail notice till 25th day of denail .We filed MTR and the documents we sent were my w2s.my pay stubs showing that company had been paying me whatwas stated in LS .
    I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
    I found IV very helpfull for finding out how to file n what to send with MTR .
    wish u luck

    My W-2 and pay stubs do not show that my company has been paying me what was stated in LS.





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  • garfield
    10-07 03:38 PM
    Do you have to wait until the dates become current to add a spouse or can an application be made to add the name right now?



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  • Lasantha
    01-18 11:47 AM
    You can stay out side for 3 years in a 5 year period.

    Friends,
    How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???

    I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.

    Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?

    Many thanks for your input on this.





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  • pbuckeye
    07-27 02:46 PM
    I submitted all the documents except for the client's letter.


    Can you elaborate on what other documents you submitted to prove that you actually work at the client site? Contract documents? Time sheets? Badge?





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  • dpp
    01-07 08:25 PM
    B. Provisions in Cases of Revocation of the Approved Form I-140

    Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21

    As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.





    sixburgh
    08-13 10:58 AM
    Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.

    Either Change of Status in US or Status when you enter/re-enter to US.

    As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.

    Lets wait until Experts speak.......

    I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.

    Aren't all H status people supposed to have Dual Intent?

    If what you are saying is true, what are the steps I need to take?
    Someone is suggesting that I should revoke her h4.
    What happens of the fact that she worked since the arrival of her h4 renewal.
    Its been less than 100 days....





    gchopefull
    10-02 02:54 PM
    yes it was approved labour and not a subsitution.



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