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  • loveiv
    07-08 03:14 PM
    Hi All,

    Give me all your valuable suggestions for the below case:

    - Got a full time offer for my wife who is working on H1 and has EAD too.
    - She decided to transfer her H1 instead of using EAD.
    - My wife has sent all the necessary documentation to the lawyer.
    - Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
    - We have not received I 485 approval notice through mail yet. We just have email from immigration

    Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.

    Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.

    Your response is highly appreciated.
    Congratulations.
    One thing I did not understand is 'Urgent Please' in your thread heading.
    I don't see any urgency here, unless you added to draw everybody's attention.





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  • GCapplicant
    08-14 02:10 PM
    checked with uscis ...she has mentioned we have to wait 90 days for the great receipt .Thats what shows in their system.

    if receipt takes so much time how about EAD.

    Earlier they mentioned 45 days...now 90 days.No idea.:(





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  • up_guy
    08-31 11:48 AM
    I have recently changed my job using AC21. My new employer has filed H-1B transfer and I also had two years of EAD
    While filling up the I-9 form I have used EAD alien #, when I checked the emplyer HR they said that I-9 stays in the office and they do not send its copy to USCIS so my question is how USCIS knows that whether I am on EAD or H-1 B ?

    Can I treat myself on EAD and H-1B both

    Thanks for your response...





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  • Prashanthi
    10-20 05:52 PM
    Hi,

    My friend is in a unique situation and needs help. Please guide him with his queries.

    **************************************************
    I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

    My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

    My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

    We didn't specify about GC labor on H1B/I-94 extension petition.

    My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

    Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?



    ************************************************** *********

    You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.



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  • senthil
    06-15 12:52 PM
    as july VB states all EB categories for india is current, is there a chance ( or even worst case scenario ) where the dates can retrogess in the middle of month anytime ?

    in other words can we take it for granted that the dates will NOT move back till the last working day of july 07

    any ideas / inputs ?





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  • roseball
    03-29 08:43 PM
    I got the RFE notification in the mail yesterday and here is the RFE info:

    The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".


    I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.


    1) Did anyone receive such RFE?
    2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?

    3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
    Is there a way to buy some more time if i cant respond back in 3-4 business days?


    Please advice. I really appreciate your help!

    Thanks in advance.

    Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.

    In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.



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  • ajm
    06-24 07:06 PM
    485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.


    The first-time EAD/AP will definitely be free. But I could not find any explicit language indicating that renewals will be free. Here is the relevant section from the federal register notice:

    Form I-485. For filing an application for permanent resident status
    or creation of a record of lawful permanent residence--$930 for an
    applicant fourteen years of age or older; $600 for an applicant under
    the age of fourteen years when submitted concurrently for adjudication
    with the Form I-485 of a parent and the applicant is seeking to adjust
    status as a derivative of the parent, based on a relationship to the
    same individual who provides the basis for the parent's adjustment of
    status, or under the same legal authority as the parent; no fee for an
    applicant filing as a refugee under section 209(a) of the Act; provided
    that no additional fee will be charged for a request for travel
    document (advance parole) or employment authorization filed by an
    applicant who has paid the Form I-485 application fee, regardless of
    whether the Form I-131 or Form I-765 is required to be filed by such
    applicant to receive these benefits.

    At best, this is ambiguous as to whether a fee will be required on renewals.





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  • gsk_73
    03-17 02:39 PM
    Thanks for your response. Yes, I am in biological research. I Hope it does not take longer than 2-3 weeks. Also I see posts for Blue, green, yellow slips and everyone seems to be stuck for long. However there are hardly any cases for Pink slip, WHY?? is it that hardly anyone gets a pink slip or they seems to have less problems so no one bothers to post it here?



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  • chanduv23
    06-18 03:13 PM
    u never went to india since 5 years, your crazy :)

    I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.





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  • sbabunle
    11-06 05:54 PM
    check_rd,
    Its strange. I applied the same time. And I got it.

    thanks



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  • gcpool
    11-28 09:42 AM
    Now a days I head the appointments are easily available.





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  • yagw
    10-31 06:43 PM
    I am planning to shift employers and I have a question:

    Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?

    To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).

    1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.

    2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.

    3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.

    Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.



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  • rChinna
    04-01 12:20 PM
    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





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  • chandra_mb
    03-12 12:52 AM
    ................
    Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.
    Thanks a lot !!. I am assuming TIN# is the ITIN number (used for tax filing) ? Also, if you dont mind, can you please let me know which state board accepted the ITIN# ? We are planning for NJ or CA.



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  • amits
    12-19 11:16 AM
    Friends, thanks a lot for all the information!





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  • MetteBB
    05-11 01:50 PM
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  • jsb
    10-30 02:33 PM
    I was in the same situation until a few days ago. Those who are still waiting for this unreasonable period of time, may want to signup for Ombudsman's conference call on:

    “USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT

    by emailing your questions in advance, to: cisombudsman.publicaffairs@dhs.gov

    I attended last call, which was very helpful.





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  • jungalee43
    01-17 02:20 PM
    I voted on this. But I did not see any vote for elimination of country qouta in EB immigration system. We need that topic on change.gov and should vote heavily in favour of it.





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  • mali03
    05-25 07:50 AM
    Fax sent!





    LostInGCProcess
    10-24 12:58 PM
    I also have notarized passport, etc, but one of the tax consultants told me that the ITIN cannot be filed now, and when I file my 2008 returns in 2009, I need to apply for the ITIN along with the taxreturn and paperfile. Has anybody else applied ITIN before filing tax return ?

    This is true...and this is what my tax guy told me and I did the same, last year..you file the ITIN along with the Tax returns...got some relief from the tax. :)





    rajabeta
    08-02 04:35 PM
    EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.

    For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.

    Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.

    Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.

    One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.



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