Tuesday, June 14, 2011

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  • vinnysuru
    08-31 10:11 AM
    Hi Guys, After I read the murthy bulletin article on EAD's I was glad to see a possibility for applying for interim EAD after 75 days. But since then I have done a lot more research and couldn't find anything related to this anywhere. I live in Wisconsin and the only way we can get help from Milwaukee field office is by going through infopass online to set up an appointment. And it still mentions that if it has been past 90 days then you can request an interim EAD. I would really like to see some more info on the 75 day recommendation. Also, does anybody know what all you need to take with you to get interim EAD.

    Do you need original receipt notices or will copies do? I am sure you need a photo id!! What else? Thanks





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  • monkeyman
    10-08 11:36 AM
    can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval

    If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).





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  • tharu
    06-28 11:36 PM
    My H1 expires by August and my employer has filed for an extension. I have my EAD and approved I-140. I just wanted to maintain H1 status and asked the employer to file for extension. Given the processing time at this moment it would take about 3 months for the process. My question is: Can I travel outside US while the extension petition is pending and if my extension gets approved; can I get this stamped and use this to reenter US?





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  • srkumar_2k
    07-26 09:31 AM
    The Link is not working.

    Actually I am going to apply EAD for future purpose. In near future i am not going to change my current employer. If i continue to work with same employer after getting EAD, Will i be on H1B or EAD status?



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  • gc_75
    07-17 08:58 PM
    As far as I know, nobody is disputing that.:)

    just wanted to confirm one thing again ..does this mean we should definitely be getting our EAD's ??





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  • GCHope2011
    05-15 11:25 PM
    Current Status: H1 (visa stamp expires Sept 2011)
    Citizen-India
    Current: Company A (Has filed for h1 extention on May 1 under normal processing)
    Future: Company B (Has filed for Transfer under Premium Processing as of May 6)

    Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).

    I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
    >Can i travel abroad even if my tranfer is under process
    >When i enter, what documents do I need to show at POE?
    > Can i enter with Company A visa stamp
    >Any issues if current employer informs USCIS about my resignation?

    Its a emergency travel i cannot avoid. What needs to be done to make my trip
    Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.

    Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.



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  • mmk123
    12-19 04:41 AM
    After near to unsuccessful attempt to spoil healthcare, *R* team is getting ready to spoil immigration reform efforts. Writer is well-known for talking baseless, stupid and racist comments. But, unfortunately the political atmosphere is such that even SJ news-paper couldn't resist posting this. Fasten your seat belts and get ready for even more bumpier ride than health reform.





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  • kumar1
    12-08 01:23 PM
    bump
    I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post



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  • ttdam
    10-02 04:42 PM
    EB2 or EB3 ?

    I m tensed based on your experience,

    How big is the company (your H1 employer) in terms of employees and revenue ?

    Thanks for sharing the info.





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  • ngopalak
    07-05 12:59 PM
    i think you are right. 100 M is a LOT of money to forsake for an agency like USCIS.

    That I think is the reason they had to stop people from applyng before Julyy27th


    If you like to beleive that the USCIS employees care USCIS revenue, you might like this answer.

    200K apps (potential applicants in July) times $500 increase.

    100,000,000



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  • bostonian28
    05-16 11:35 AM
    I have just called all the Representatives mentioned in the above thread and conveyed the message. Similar experience, nice people (I am sure they are supposed to be nice, as they would take calls from voters!!), I also heard similar responses saying they have been getting many calls.





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  • adGurkha
    01-17 10:48 AM
    Well its that time of the year..., Does anyone know if I can add my spouse as dependent and get the tax break. Is there any website where I can get the information on filing procedures with H1 and H4?



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  • clockwork
    02-02 06:15 PM
    If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

    Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

    Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.





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  • EB3_SEP04
    08-22 11:24 AM
    I applied on June 12 (paper file) at TSC , Notice date June 18th , RD June 13th and received EAD cards on Aug 18th (CPO mail on Aug 15th).

    Hope this info helps.

    My RD is 7/2/08, still waiting for approval, not even an LUD after notice date. I see EB2 folks getting renewals within 30 days or so. Isn't this descrimination?



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  • GotGC??
    03-09 12:36 PM
    No surprises here...from Murthy Bulletin:


    2. Employment-Based Visa Number Predictions

    We are often asked by our clients at the Murthy Law Firm to predict the movement of immigrant visa numbers. We have some useful information for MurthyDotCom and MurthyBulletin readers in this regard. Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA), which was attended by several attorneys from our firm. Mr. Oppenheim was kind enough to share his office’s visa number / Visa Bulletin expectations for 2007.

    HISTORICAL BACKGROUND OF RETROGRESSION

    Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

    PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

    Employment-Based First Preference / EB1

    Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

    Mr. Oppenheim explained what he referred to as the “trickling effect” of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

    This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    Double Dipping

    Another problem important to note is one of “doubling dipping” for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

    CONCLUSION

    We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. [The most recent Visa Bulletin chart is always available to our readers on MurthyDotCom.] The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.





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  • aguy
    08-23 01:17 AM
    Hi,

    My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.

    While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.

    So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?

    Thanks.



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  • sundarpn
    04-16 06:40 PM
    I have still not converted my I-140 to premium with my current employer, though I intend to right away. But, that will take a month (upto 15 bus. days) and then say 2 weeks to try to get the copy of I-140.

    Till then I cannot hold the other job offer.





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  • dpp
    10-28 02:56 PM
    Lynne,

    I live in Fishers (126st), but work on West side of Indy (US 36 road towards Avon).

    I will make it next time for sure. I am not familiar with Carmel roads, but after yesterday's confusion, i have got some idea.

    DPP

    DPP once again, I am sad that we did not get to meet yesterday.
    Where are you based in Indiana, maybe you work in Indianapolis? I work in downtown Indy and can always find time to talk to a fellow sufferer.

    Lynne





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  • pappu
    01-24 11:47 AM
    If there is going to be any more discussion on if IV should push for 485 or not push, moderators will close the threads. There has been enough discussion and arguements in the past over this and members are more than willing to give hundreds of ideas and opinions for free but only a few actually care to implement them or help IV with a mere $20. If you want to discuss it, go to other forums and discuss it and be an armchair strategist.

    If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.





    DesiTech
    06-01 06:46 PM
    You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.

    If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??

    MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.

    Thx for ur help





    amitkhare77
    11-17 01:29 PM
    Yes you need the I-94 attached with I-797 in order to apply for change of status (H1 to H4). your employer can not keep I-797. Just tell your employer that you need to apply SSN and you need I-797.
    Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?

    Arpu



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