Saturday, June 11, 2011

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  • satyasaich
    06-10 04:26 PM
    I applied for EAD renewal for my spouse. Earlier also i did renewal myself , but online.
    This time however i applied manually but forgot to send both front & back of EAD. Instead i just sent front side only. Check was clearly written, photos with A#, Copy of 485 (both sides)
    May be a silly question, will it be any issue?


    Copy of 485 receipt
    Copy Front and back of current EAD
    Photos with A# and name in the back (With Pencil/Felt Pen)
    Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks





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  • gconmymind
    02-29 01:00 PM
    Just ask your company to furnish all financial evidence asked for, like Tax statements, Revenue, etc. This is a one of the more common queries for 140. Dont worry too much and respond as soon as you can.





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  • peer123
    06-07 05:33 PM
    SA1249 amendment was it voted....





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  • omved
    10-03 08:59 PM
    I will be happy to provide any further assistance you may need..If not done so far, please do help IV by contributing some money and participating in different activities..
    My email is omved@yahoo.com

    Thanks



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  • Imigrait
    02-07 12:44 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

    Not sure about H1B, but I know this that she has to get give some certification exams for the state that she wants to practice from. A friend's wife got a certification done and then she worked in the US, and her employer filed for her GC and the GC was approved in 6 months in 2006. They are from India. I believe the US has a huge need for physiotheraphists and so under some rule/quota they get a GC very fast.





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  • chanduv23
    07-05 09:44 PM
    MSFT is the start. This will go on and you can start seeing other companies moving out - jobs also moving out to other countries.



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  • redds777
    08-25 10:28 AM
    Anyone?

    when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.

    i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.





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  • a_yaja
    08-07 06:19 PM
    From the information that you have provided, I can tell you that their argument does not hold any water. The same can be said of H1B as well. If they are tracking expiration of H1B, they certainly can do the same for EAD.

    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.



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  • gcdreamer05
    10-22 06:59 PM
    I think this is what is happening in your cases,

    If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.

    If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).

    Always better to paper file.





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  • gcwait2007
    07-04 05:44 PM
    My EB-3 labor PD is 02/2007, my I-140 is stuck-up in NSC for more than one year now.

    Considering the present trend, I decided to move on to EB-2. I pressurized my employer to file for another PERM for EB-2 which they are now reluctantly doing. Let me see what happens :rolleyes:



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  • I_need_GC
    10-14 08:57 AM
    Renew you AP before Feb 25, 2009. You are usually paroled upto an year from the date of entry.

    Yes you can file for AP your self, its as easy as filling out the form.

    The stamps having nothing to do with the renewal.

    My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?

    When should i have to renew my AP?

    How long does it going to take?

    Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?

    When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?

    Your answer is always appreciated

    Thanks Ahead



    EB3...ROW
    PD May 2006





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  • desi3933
    08-18 09:12 AM
    Gurus,
    Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".

    The reason specified in the letters:
    - Section 203(b)(2)(A)
    - 8 C.F.R 204.5(l)(3)(ii)(C)

    ........

    Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."

    The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.

    I have written many times on this issue, please refer to my old posts for more details.

    ______________
    Not a legal advice.



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  • andy garcia
    01-03 03:04 PM
    Does it mean that the full case will be covered in 15 days or till the query is send if any... Hope i am being clear..
    What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.

    Thankyou

    PPS provides faster processing of certain EB petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the PP fee and the relating case will continue to receive faster processing.

    The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for PPS, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or a NOID, a RFE or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the RFE or NOID.

    The information above is from the CIS page:
    How Do I Use the Premium Processing Service?





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  • gcpadmavyuh
    10-07 11:08 PM
    Hi Parimmigv:

    Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.

    If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.

    If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.

    485 iteslf is a separate status called the adjustee or parolee status.

    Now to your questions:

    1. what status am I on right now ?
    Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.

    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.

    No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.

    3. How to move to EAD as I don't want to pay payroll fees ?.
    Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.

    BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
    attorney. I'm 99.99% sure of this.

    good luck!
    Hello:
    Can some please help me here ?.

    Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.

    I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-

    1. what status am I on right now ?
    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
    3. How to move to EAD as I don't want to pay payroll fees ?.

    Thanks,



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  • naveenk
    07-22 08:34 PM
    hi all,

    I am EB3 with PD April 06/ I-140 Approved / Applied I-485 and My Employer is shifting the offcice from One state to other state. Does it have any affect on my 485 petition..?? Please respond back with some information

    Regards,
    Naveen





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  • fromnaija
    11-17 11:48 AM
    Hey arnet! I am having the same problem. I filed for EAD renewal and then I got my card the other day, but problem is they gave me the same expiration date w/c is Jan. 2007. I called the 1-800# 4 times the day after I got my new card to let them know of the error. I never felt so disappointed and frustrated in my whole life! The first 3 representative I spoke could not tell me anything but "sorry we can't do anything about that". One of them even told me to go to the USCIS where I had my biometrics taken.. and that was 5 hours drive from where I live. I was so pissed. Then I tried to call again that same day just to see if there's anyone in their customer service who has some sense to tell me. And luckily a lady answered and she told me to fill out another I-767 form and send it to the service center who approved my case without the filing fee. That is if it's their fault, they're going to waive the fee.

    The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.

    I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:

    This is one good reason I support the person who posted on another thread that one keeps status in H1B and not work with EAD. I an not trying to justify the USCIS mess up but if you have the option to keep extending H1 until you get GC, please do so.



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  • addsf345
    12-31 11:58 AM
    I got it.

    Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?

    I am going to file AC21, haven't done yet. My lawyer was more inclined towards going with EAD rather than H1 transfer in first place. I am still in negotiations with the new employer.

    what additional documents do we need to submit to new employer while requesting H1 transfer? I assume copy of I-140 is needed. What did you do to make sure your new job is in similar category?





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  • newbie2020
    08-11 09:47 AM
    Since it is a new H1 I would say unless the petitioning employer is not co-operating, Then you don't have any other choice. You need to wait until next April for new H1.

    Did u try to go to another consulate, Say Mumbai or Chennai or Kolkata.
    I am not sure if that would work, since i have heard that consulate will sometimes hold the passport and/or stamp on the back that this application was received.

    If you are able to go to another consulate go ahead and check your luck, sometimes they don't ask anything for documentation (This happened with me twice)





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  • EndlessWait
    06-19 04:51 PM
    transfer ur H1 and H4..that's it... AC21 does not mean u can't use ur H1..u still can..but she can't work remember that..





    sunnymit
    02-17 04:19 PM
    Where does one get this document that you have posted here?





    jsb
    02-24 03:10 PM
    Hi,

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.

    As many have said, no need to send anything to USCIS, unless asked for. If needed, get a job description (without your specific title), which has more words as in your original LC. Describe computer programming related activities, which may include managing computer applications, design computer systems, analyse computer design models, etc. etc.

    As some said, as long as you are in the same field, you are ok. Even if you are called a manager, your job requires knowledge of computer system designs, programming, etc. USCIS is lenient in this regard.



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