Wednesday, June 15, 2011

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  • lvaka
    05-19 02:17 PM
    I 140 : approved last month
    I 485 : July 07 filer passed 180 days
    GC Process : Substition Labor / Future employment

    The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

    I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?

    Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.





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  • TamilSelvan
    03-16 12:01 PM
    My wife entered to US with L2 dependent Visa and got SSN# with L2-EAD.Meanwhile we both applied and got H1 by employer A which is valid from OCT 06-SEP 09. Although she has enough experience but her medical condition she never worked and neither has pay-stub/W2. Then both of us never travelled out of US. Meanwhile she went India SEP 08 and stayed 5 months. When I went for vacation I got my H1 stamping and she got H4 stamping at the same time and we are in US. Now she got an offer from employer B and he is willing to do COS H4-H1for her. We checked with Employer A and they haven't revoked her H1b till now.

    Our questions are

    1) Since she doesn't have any paystub/w2, is it possible to do COS?
    2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
    3) How long does it take to complete the COS if done by PP.
    4) How much risk does this case carry/what are the issues she could face?

    Really appreciated your valuable answers

    Thanks in Advance
    TamilSelvan





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  • adibhatla
    10-09 04:18 PM
    ROW CHINA INDIA MEXICO PHILIPPINES

    1st C C C C C
    2nd C 01APR05 22JAN05 C C
    3rd 01JUN02 01JUN02 22APR01 01JUN02 01JUN02





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  • help_please
    10-05 10:13 AM
    I think you have period of 180 days after being out of status to apply for permanent residency. I'm not sure though. It would probably be your best bet to double check with a lawyer and get professional advice. Good luck.



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  • waitin_toolong
    11-19 09:36 AM
    as long as the I-797 is current the expired stamp does not matter but do send a copy of it.

    You dont have to renew EAD if she is not working and save $340. Her next EAD (whenever she applies) will be a new Application.

    But do remember it always takes time to obtain an EAD so if she needs it any time in future she will have to wait so be very sure about not working. EAD is not a proof of legal status only an authorization toi work so you dont need it if you dont plan to work.

    As for AP, unless you dont plan to travel even for emergency reasons of have valid H1 stamped or can get it stamped you dont need it.

    For wife make sure her travel is not in between applications. She should travel with an approved AP and apply for renewal and wait for it to be approved before she departs the country.





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  • whitecollarslave
    03-31 02:41 PM
    I have transfered or renewed H-1 multiple times. Never had a situation where an employer will not provide the salary slip. Who is your employer?



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  • hpandey
    04-07 10:39 AM
    Just got it. Right now.Thanks guys.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.


    and enjoy the freedom that you have now :-) Patience always pays !!





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  • j0se
    08-19 05:58 PM
    see, i would never think to break a graphic apart. in fact: i don't. i just import something, convert it to a symbol and that's it.

    ah, well maybe that's why i'm a newbie!!

    well, i'll give it thought next time and break things apart to see what can be gained
    :)



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  • tnite
    10-16 01:28 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
    Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
    H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
    As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
    H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    180 days after filing for 1485 provided your I140 was approved.

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
    NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
    Once approved anywhere from 7-30 days you might get the GC by mail.
    I dont know whether there are enough numbers.I won't even speculate.

    - Would I get the fingerprinting notice directly or would my employer receive it?
    You would get a copy of the FP notice.

    - What other formalities would be left after (assuming) 485/765 are approved?
    765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?

    check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
    Goodluck





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  • gc_maine2
    04-27 12:55 PM
    I also has same question but
    my H1 is ending this Dec, and already got ext for 7 th year
    Anyone can shed some light on this.

    Thanks



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  • HumJumboHathuJumbo
    08-19 12:27 AM
    Does your welcome letter/approval say anything about ADIT process?. thanks





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  • snathan
    11-27 11:25 PM
    I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).

    Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
    I guess you are right, attorney is the best way to go about it.
    will post my out come here soon.
    Till then please post your comments or views here.

    Appreciate the responses!

    How long this bond is for. You employer seems like a cleaver and cunning guy.



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  • quizzer
    09-28 12:33 AM
    EB2 or EB3?





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  • YesGC_NoGC
    12-07 07:52 PM
    Hi

    In NYC (if it's closer for you) consulate you get the renewed/New Passport back on same day. I renewed my Kids passports there got back on same day.

    For myself, I renewed in SFO back in 2001 and got them back in 5-7 days.

    Hope this helps you make your decision.



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  • h1bdude1
    03-23 03:53 PM
    one more question Plz. Sorry for bugging.

    I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
    will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back) of the Previous EAD.

    thanks
    h1bdude1




    I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.

    A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.

    USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.

    Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.





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  • deepakjain
    07-22 05:45 PM
    Anyone who has H1B extension and AP and EAD ....it is better to have H1B stamped on passport and use the same to enter US....do not listen to others....

    It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.

    THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here



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  • chanduv23
    07-11 12:47 PM
    Ok I called her - she is interviewing Ashish and Rohika. If anyone in NYC, please call her. Even if you are Indian - call her, it would be better of you are from another country.





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  • sodh
    07-11 09:37 PM
    Everything has its charm once, try something creative.





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  • pappu
    01-22 06:37 PM
    Thanks for your words of appreciation. Pls contribute by signing up for the funding drive. This will strengthen us and enable us to deliver in the coming months.





    peacocklover
    11-11 12:48 PM
    This stinky ba%^#@rd speaks loud and confuses people a lot with out giving the clear picture of broken legal immigration and with out mentioning the pain of long waiting legal immigrants (Current system neglects and keeps honestly taxpaying and law abiding legal immigration based applicants , this jerk never mention the facts of the broken system, it's taking 15 yrs to get a green card for legal immigrant to become permanent resident which is unfair and keeps that individual and applicant family in the state of limbo). He always mixes legals with illegals (undocumented) and confuses all with his border protection preachings and with out respecting the country's backbone of business immigration.

    He should be sent to jail and needs to be punished seriously.

    Report: Lou Dobbs employed illegal immigrants

    Lou Dobbs has long railed against illegal immigration and the employers who hire undocumented workers. Dobbs generated controversy � and faced boycotts � for attacking "illegal aliens" as host of a nightly CNN show. And since leaving the network in December, Dobbs has kept talking about the issue in interviews, in which he's also left open the possibility of running for senator or president.

    But Dobbs might want to pause before making illegal immigration a signature campaign issue: At least five illegal immigrants have reportedly worked on his properties.

    The liberal Nation magazine, in a yearlong investigation conducted with the Investigative Fund at the Nation Institute, found that "Dobbs has relied for years on undocumented labor for the upkeep of his multimillion-dollar estates and the horses he keeps for his 22-year-old daughter, Hillary, a champion show jumper."

    The Nation's Isabel Macdonald writes that while Dobbs has bashed employers for hiring immigrants without papers, he "has been far from vigilant about the status of workers laboring on his own properties." (The Nation has long editorialized against Dobbs and those who agree with him on immigration.)

    Dobbs owns a 300-acre estate in Sussex, N.J., and a winter home in West Palm Beach, Fla. His daughter keeps five show horses worth about $1 million each at several stables; the horses are owned by the Dobbs Group, of which Lou Dobbs is president.

    Macdonald spoke with several immigrants who were employed to work on winter property and helped with the upkeep of Dobbs' horses at stables in Vermont and Florida. "I looked after Dobbs' horses while I was illegal," said one man. Another worker said that he believed Hillary Dobbs knew they didn't have papers. (The workers did not give their real names for fear of deportation.)

    Macdonald wrote that another worker worked on the garden at Dobbs' Florida property. On one occasion, that worker said, Lou Dobbs � who referred to himself as "Luis" � instructed him in Spanish to talk to his boss about moving a specific plant. Macdonald interviewed other immigrants who worked at the holiday home.

    Hillary Dobbs did not comment for the article. And Lou Dobbs, through a radio producer on "The Lou Dobbs Show," declined to comment. Robert Zeller, Dobbs' attorney, said Dobbs would answer questions only on his live radio show; the Nation agreed to be on the show, but only after publication.

    Dobbs has not yet responded to a request from The Upshot to discuss the allegations, which are sure to get attention given the commentator's very public views on the subject. The Nation compiled a video of Dobbs' past statements

    Report: Lou Dobbs employed illegal immigrants | The Upshot Yahoo! News (http://news.yahoo.com/s/yblog_upshot/20101007/cm_yblog_upshot/report-lou-dobbs-employed-undocumented-immigrants)





    Berkeleybee
    03-28 11:19 AM
    I agree it is hard to comprehend, and I must admit I still do not understand:)

    Ramboom1, brb2,

    Read the first post in this thread http://immigrationvoice.org/forum/showthread.php?t=346

    and ask any follow up questions there.



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