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  • das0
    06-22 09:30 AM
    [QUOTE=desi3933]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.

    SO the question is:

    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.





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  • sk.aggarwal
    03-25 08:00 PM
    Yes, you can go out of US and use that time to recapture as long as you go within 6 yrs of H1. This is my understanding from my conversation with lawyer working to file my perm. I am planning to travel to India for a month or two once I know the exact time I need. Please help to advice if my understanding is inacccurate.

    link to another thread
    http://immigrationvoice.org/forum/forum6-non-immigrant-visas/2204-summary-of-extending-h-1b-visa-past-6-years.html





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  • rockstart
    10-23 01:59 PM
    No point worrying over past. Go ahed and file a AR11 ASAP to make sure from now on USCIS has your updated address. In case in future this becomes an issue then contact a lawyer and try to resolve it.

    But moving forward all non immigrants as well as GC holders should make sure they do not miss this important obligation to inform USCIS within 10 days of move. It is easy process and saves lots of trouble later on.





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  • freedom1
    01-19 04:19 PM
    Hi to all,

    This morning I received the e-mail message below.

    Does this means that an approval letter has been sent to me?

    Has anyone received such an e-mail?

    Thanks,

    Freedom1.

    -----------------------------------------------------------

    Application Type: I485, APPLICATION FOR STATUS AS A PERMANENT RESIDENT

    Current Status: Document OTHER THAN CARD manufactured and mailed.

    On January 19, 2007, we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.



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  • sweet_jungle
    12-30 01:17 PM
    What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.

    So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.

    Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
    Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.





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  • arnet
    11-22 06:31 PM
    hey nivasch, can you use H1 to work if you didnt use it to enter at port of entry? can you please explain your experience? thanks.


    Arnet



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  • md_alien
    05-18 01:30 AM
    I also got the magic email on Fri 15th May, 2008. I'd like to extend my sincere gratitude to all fellow members of this great community in guiding me through this tough journey. I wish all of you the best and will stick around to help other members out.





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  • desi3933
    03-16 12:08 PM
    Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?

    Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?


    >> Also, as per my understanding, You only get RFE when your PD is current

    Incorrect.
    RFE and I-485 denial can be issued even when PD is not current.



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  • joydiptac
    08-17 06:09 PM
    Thanks for your reply..
    Can anyone else share there views....
    "Plan and direct " are the key words here. Being in the same space, I know it is similar. But don't take my word for it.





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  • cagedcactus
    10-25 08:55 AM
    I have received the EAD, but no AP.... same case with my wife...
    We havent received our FP yet...
    does online status change to show FP update? Maybe folks with FP done can confirm this...
    thanks..



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  • transpass
    07-13 11:53 AM
    Thanks for all who replied...

    Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?

    Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...

    Thanks





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  • black_logs
    05-02 12:25 PM
    http://www.usatoday.com/news/nation/2006-05-01-immigration-asians_x.htm

    NEWS

    Asians are becoming more vocal in the debate

    Wendy Koch

    875 words

    2 May 2006

    USA Today

    FINAL

    A.7

    English

    � 2006 USA Today. Provided by ProQuest Information and Learning. All Rights Reserved.

    In New York City's Chinatown, Asian immigrants held hands and formed a "human chain" at 12:16 p.m. Monday to highlight the day, Dec. 16, when the House of Representatives voted for a bill that would make illegal immigrants felons.

    In Philadelphia, Korean activists held a forum on immigration. In Los Angeles, they encouraged employers to let workers take the day off to join a march down Wilshire Boulevard.

    Latinos have been the face of recent immigration rallies, but Asians and Asian-Americans are increasingly joining the protests or taking their own approach. They are speaking out on issues such as reducing the wait times for visas for family members or green cards for skilled workers.

    "This is a turning point for them. More Asians are joining into this larger civil rights movement," says Pueng Vongs, an editor at New America Media, a consortium of ethnic news media.

    "Our community has been fairly slow to mobilize, but we are definitely working together now," says Daniel Huang, policy advocate for the Asian Pacific American Legal Center. He says Spanish radio stations helped Latinos organize quickly for rallies, but varying languages mean it's harder to reach Asians that way.

    People of Asian ancestry were 13% of the 11.1 million undocumented population in a 2005 Census survey, says Jeffrey Passel, senior research associate at the Pew Hispanic Center. Four countries -- China, India, the Philippines and South Korea -- accounted for most of them.

    Korean-Americans have been among the most vocal Asians in the immigration debate, Huang says.

    "We have a particularly large undocumented population," says Eun Sook Lee, director of the National Korean-American Service and Education Consortium. She says 18% of the Korean population in the USA is undocumented.

    Vongs says Korean-American businesspeople, who hire substantial numbers of Latinos, are concerned about penalties they could face as employers.

    The Korean Apparel Manufacturers Association in Los Angeles sent a memo to its 1,000 members urging them to allow workers to take Monday off.

    "We don't want this to be a racial issue," says Mike Lee, the group's president, noting that many of the employers are Korean- American but the workers are Latino. Lee, a former U.S. Army officer who owns an apparel factory, joined a march Monday, as did all his Latino workers. Only a handful of his Asian workers took the day off.

    The Chinese community has been less active until recent weeks, Huang says, noting their large turnout at rallies April 10.

    "Chinese are sort of a quiet, conservative community," says Cat Chao, host of the radio call-in show Rush Hour on Chinese-language station KAZN in Los Angeles. She says that when Latinos organized the initial protests, many of her callers admired their activism. Now, she says, many say the activists have gone too far and call Monday's boycott too "aggressive."

    Aman Kapoor, a software programmer from India at Florida State University, didn't join the boycott. His venue: the Web. Four months ago, he posted a message about his years-long, ongoing wait for a green card, which documents an immigrant's permanent legal residence in the USA. He says 3,400 workers like him, who have H-1B visas to take "highly skilled" jobs employers couldn't otherwise fill, formed Immigration Voice. Most come from India or China.

    "We don't know the system here," Kapoor says, explaining why the group hired the lobbying firm Quinn Gillespie & Associates. The firm is helping the group urge senators to expedite the green-card process and change rules so some applicants enduring a long wait could change jobs.

    More than other immigrants, Asians tend to be well-educated, professionally employed and in the USA legally, Passel says. About 10% of the Asian and Pacific-Islander population in the USA is undocumented, compared with 19% of the Latino population, he says.

    The difference in legal status helps explain why the Asian community is less concerned than Latinos about legalization, says Karin Wang, an attorney for the Asian Pacific American Legal Center.

    In a March poll of 800 legal immigrants by New America Media, 39% of Asian-Americans favored deporting all illegal immigrants; 9% of Latinos supported the idea. Forty-seven percent of Asian-Americans favored erecting a wall along sections of the U.S.-Mexican border; 7% of Latinos did.

    Vongs says Asian immigrants are more concerned about human trafficking, the smuggling of people into the country for forced labor, sexual exploitation or other illicit purposes. "The highest number of people trafficked are Asian," she says. "It's primarily for the sex trade."

    Civil liberties is another issue, Huang says. He says the House bill would make some misdemeanors, including drunken driving, a reason to deport someone. That could leave some people in U.S. prisons indefinitely because some Asian countries -- Vietnam, Laos and China -- permit few deportees to return.

    Reuniting families is another concern of Asian-Americans. Huang says children or spouses of U.S. citizens wait one to two years for a visa to the USA, but parents, siblings and other relatives wait five to 12 years.



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  • GCBy3000
    07-17 03:35 PM
    Congratulations. You are very very lucky looking at the big UUUUUUUU for EB2 from next month.





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  • pknkak
    03-14 08:47 AM
    Just transferred via SBI gls and it went through nicely.



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  • asanghi
    03-29 04:35 PM
    What can I do? Franklin, Can you also send the documents to me. I ,live in Santa Clara. I know my congressman is Mike Honda. How do I find out who is my senator?





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  • rkp27
    07-11 01:56 PM
    yes, now we should all start calling uscis - atleast 10 times a day, open SRs, take 4-5 infopass appointments and maybe consider going to NSC or TSC in person to see if we can talk to the IO (or have a cup of tea with the IO) to expedite our respective cases.

    Who knows, if we do such things, we mite get our GCs faster than ppl already waiting ahead of us in the queue. :)

    I wud also take this oppurtunity to invite more EB3 ppl to convert to EB2 now....this way, u cud get a EB-2 PD back in time, when u were not qualified for EB2. And with all desi body shops, getting this done is a piece of cake, i would assume.

    Now boot me from the forums or give me all those red marks - i don't care. I wrote what was on my mind.

    Friends

    Let behaves like a GENTALMAN... THIS POST WILL NOT HELP ANYBODY INLCUDING POSTER.

    hope this helps everybody who willing to post such frustration. Please keep all thoes with your self and dont bother others.

    DONT POST ANY MORE PLEASE, I THINK I DID MISTAKE BY WRITING. I THOUGHT THIS GOOD SITE/FORUM TO GET INFORMATION BUT I WAS WONG.

    GOD BLESS ALL OF YOU.



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  • gcnirvana
    06-18 05:06 PM
    Here is my situation:
    I-140 approved and about to file 485.
    Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
    Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?


    Yes It applies to new employer as well.

    Here is my timeline

    on h1 to US in 2001
    filed labor in 2003 approved
    Filed i 140 and i485 in 12/2003
    Changed job to another employer on 05/2005 using EAD
    got married, couldn't file for wife's GC
    Applied for h1 through new employer in 2006
    Premium processing of H1 approved in 15 days. Got wife here on H4
    approved for 3 years for using I 140
    PD current as of June 2006, filed for wife's GC who came here on H4


    EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.





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  • kshitijnt
    01-02 01:33 AM
    Last year my wife's case was put under 221(g) by Mumbai consulate. We abandoned the visa process and she entered using AP. Since then we have used AP twice and given up H1B visa as a first option.





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  • Krishanpal
    07-22 07:25 AM
    I guess NSC is much faster than other centres. I am not sure if they have more staff than others.





    cbpds
    04-01 03:22 PM
    hi,

    It happened to me when my wife' s and my expiry dates were different.

    Talk to your attorney and apply asap ....they may or may not use the �Nunc-pro-tunc� category , depends on the attorney.

    Thanks



    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


    Please reply.
    Thanks in advance
    Chinna





    chanduv23
    02-14 03:58 PM
    We want widespread support from all Physicians.
    If you are a resident, fellow, preparing for USMLE, practicing, j1 waiver everyone, please join the IV Physicians group. We need a lot of support for this bill.

    Please spread the message and get your organizations to participate actively in this campaign.

    Please post you pledge for support on this thread



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