Friday, July 1, 2011

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  • bestia
    07-20 02:02 PM
    Hi Gurus i need your help, here is my situation :
    Currently I am working for company B and have not started PERM process yet from this company. But i have an approved i 140 from company A and my lawyer is saying that i can go ahead and file 485 on the basis of approved I 140 from company A. Meanwhile he will start PERM from company B and he is saying that by the time USCIS open my application of 485 and create RFE I will have I 140 approved from company B and since it's the exact same job we will be able explain USCIS about the intent of filling.
    Is it ok to go ahead and file 485 becoz i will not have the employer's letter from company A and also the paystub will be from company B and not A.

    Am i heading towards trouble ??? please help GURU's

    thanks in advance.

    What's your PD? if it's around 2002/2003 - then you will become current after Oct anyway, so you can apply with "clean" 485. Then I wouldn't bother. If your PD is 2006/2007 - then it's worth trying, it may work. At the worst case 485 will be denied, you will then file another "clean" one in that case.




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  • tcsonly
    10-02 06:06 PM
    If you have a copy of filled-up I-131, look at question 5 in part 3 in the 2nd page. That will tell you where the AP document will be sent.

    Admins:

    Please close this thread also.




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  • MatsP
    February 2nd, 2006, 05:56 AM
    We've been discussing this before... here (http://www.dphoto.us/forum/showthread.php?t=4551) for example.

    Yes, Macro photography really needs small apertures..

    --
    Mats

    I-94 expired for H1 EAD-AP [Archive] - Immigration Voice

    View Full Version : I-94 expired for H1 EAD-AP





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  • summerpolice
    03-18 10:46 AM
    I happen to hear that its more easy to convert from L1 visa to Green card .Is it something that the employer has to initiate ? Can we start the process by ourselves.

    please shed some light on this.
    Thanks



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  • tiinap
    03-24 01:40 PM
    "Is it usual for big employers to already have H1 visas to sponser you on".. All I know is that employers cannot have blank visas for hiring whom they want. They have to file a new application for a specific employee, so they have to start from scratch.

    If your F1 covers you for 2.5 years, then there's some hope that immigration laws will change during this time. Because right now it's a nightmare. If nothing changes in the laws and cap number stays at ~65,000, then you will have to win a lottery to get an H1. We'll see on April 1, but most likely there is also a lottery for Master's degree holders.




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  • saravanaraj.sathya
    08-19 12:21 PM
    Guys,

    I am currently located in Buffalo, NY for my work. Anyone from Buffalo who is willing to join DC Rally pm me so that we can plan for car pool.

    Anyone from NY, BUF in IV?



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  • AabTuAgaGC
    06-19 09:56 AM
    I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.

    I think 4-5 months is decent time to get AP. But with current volume I am not sure.

    I don't think traveling back on AP invalids your H1. I checked with my lawyer and this is what he told me.




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  • cdeneo
    04-06 08:38 PM
    Bumping this thread up...

    I would appreciate if an attorney on this forum could please chime in on this query. Thanks!



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  • dohko
    01-07 10:57 AM
    Hi

    I currently work as Market Research Analyst. Can I get approved for EB2 with MBA+0? Company is willing to help. Would requiring a foreign language help?
    I have some experience from before I got my BS and my MBA can that be used?

    Thanks




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  • lost_angeles
    03-02 04:24 PM
    I will be remoting in from a different state. My employer would not file a new labor condition application which is required.

    If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?



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  • ameryki
    07-05 11:37 PM
    Hi,

    My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:

    1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?

    let your HR know you are switching and they will have you fill in a new form for their files

    2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B status..is it legitimate?

    No

    3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?

    EAD and AP are 2 separate things and neither affect each other. They are both based on a pending 485 application and that's about all that is common with those 2 filings.

    Thanks
    AjaySri

    Hope this info helps.




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  • Blog Feeds
    08-02 07:20 PM
    Recently an undated USCIS draft memorandum surfaced. The Memo was offering administrative relief options to promote family unity, foster economic growth, achieve significant process improvements, and reduce the threat of removal for certain individuals present in the United States without authorization. Here is the entire memo for our readers to view:

    Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).

    Shortly after the memo leaked to the public the Immigration service had this to say:

    �Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�

    What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.




    More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)



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  • roseball
    03-08 09:09 AM
    My in-laws attended visitor visa interview at Hyderabad Consulate on 25th Feb. My mother-in-law (not working) got her visa (no questions asked) but father-in-law (an electrical engg manager, still working for central govt) was asked to fill out a questionnaire related to his professional experience and then given a white slip with a case number/email address and asked to email his resume/CV for further processing. He was told it would take 7 days to process his application.

    I tried searching for similar cases on various forums and found some cases but couldn't find information on how long they took to approve the visa. So I was just wondering if anybody here has any further updates on such cases. Appreciate any feedback.

    TIA.




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  • pd_recapturing
    06-17 09:35 PM
    If I am able to get the PD ported from EB3 to EB2, it will be May 2004 other wise, it will remain May 2004 for EB3. but, at the same time, I am not very sure that PD will be ported successfully, though, in my company, whoever has applied PD porting has got it ported. Is it worth taking the risk ?



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  • jcrajput
    10-03 08:49 AM
    I am starting new thread for people who are re-filing their applications (I-485) because they were rejected for any reasons.

    Please list following:

    1. Rejection notice date (RND)
    2. Reejction reason(s)
    3. Whose fault
    4. Status of re-filing
    5. Date of package recevied at service center (date, time, received by, service center)
    6. Status
    7. Waiting for action from

    I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:TBD/Recevied By: TBD/Status:PENDING/Waiting for: Lawyer to re-submit.




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  • kevnss
    04-01 02:01 PM
    If you have to use EB2, you have to interfile your application to EB2 after the EB2 I140 gets approved. Until then, your category is EB3. If you change the employer now, you would be using the AC21 for the EB3.

    If you want to interfile with EB2, you would need to wait until the EB2 I140 gets approved.

    The process with interfiling is not very clear. This means that, once you interfile for EB2, until you get a letter stating the interfiling was successful, you don't know which job position and job duties to follow while changing company.

    So that means I can switch based on EB3 and AC21.



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  • casper21
    11-07 07:42 PM
    Hi All,
    I have a situation where I can not find proper information and would like to ask all the experts in this column.
    I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.

    - Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
    - If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?

    Thank you!
    :)




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  • Blog Feeds
    11-14 04:21 AM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    “If we are truly going to fix a broken system, Congress will have to act”

    The following is a statement from Lynn Tramonte, Deputy Director of America’s Voice:

    We have entered a new chapter and a new phase in the immigration debate. Secretary Napolitano today laid out the framework for fixing the broken immigration system, and the solution is comprehensive immigration reform. Drawing on her years of experience on the southwest border, and her new role as the nation’s top homeland security official, she said that we need Congress to pass comprehensive immigration reform, and create immigration laws that truly work for our country.

    Reform will secure the border, protect all workers, and require undocumented immigrants to register for legal status, pay fines and taxes, clear background checks, and get in line for citizenship. This will benefit all Americans by strengthening the rule of law, bringing in more taxpayers, cutting costs for enforcement, and making our nation’s borders stronger and safer. Now is the time for Congress to take the next step and pass legislation that would accomplish these goals.

    As Secretary Napolitano pointed out, the American people support comprehensive immigration reform, and the debate we are about to engage in is not the same old debate. Law enforcement, labor, business, faith, and community leaders are all demanding comprehensive reform for our nation’s security, economy, workers, and families. We have a new President, who was elected because he promised to address important problems like this with practical solutions. We have a new Congress, with leaders who also promised change and progress to the American people.

    The Secretary’s speech today was an important moment, but it was just the opening bell. It’s now time for Congress and the Administration to put serious muscle behind advancing the proposal – and it’s time for politicians of all political parties to set aside partisanship and demagoguery, and do what’s right for the country.







    More... (http://dfwimmigrationlaw.clarislaw.com/proposed-immigration-laws/secretary-napolitano-makes-the-case-for-comprehensive-immigration-reform.php)




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  • shivapb80
    12-27 06:59 PM
    they will not straightforward deny it...they will send you an RFE requesting proof that you were in legal status during that time. at that time - i am not sure how - but your employer will have to prove that your start date is in fact in january 2007.

    i am pretty sure that is the course of action as i recall reading a couple of cases like that and i think atleast one of those cases was a similar case and the other was related to 245(i) - i hope i get that right.




    va007
    05-04 04:46 PM
    Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
    Plz reply me soon
    Thanks

    Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
    Plz reply me soon
    Thanks




    iheartindia79
    09-08 02:02 AM
    I think it would be better idea to call them and find out their hours of operation. The address is usually given on the FP notice letter.

    All the best!



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