Friday, July 1, 2011

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  • newyorker123
    10-19 12:20 PM
    Do you know your I-485 receipt number? If yes, then request FOIA to get all the documents attached to your I-485 case number, then they will send you all the documents in your I-485 case file and I-140 document will be there in it. You might also need to enter your A# in FOIA request.


    If you dont know your I-485 receipt number then I am not sure how to send FOIA request.



    --------------------------------------------------------------------------------------------------------
    This is not legal advice and I am not a Lawyer.


    Contributed $200 towards IV advocacy.





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  • vkotval
    03-27 05:12 PM
    I think people on H1/H4 are not eligible for medicare. I think you need to be a permanent residence or citizen to avail medicare benefits.





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  • unchew
    06-06 11:52 PM
    Ok, i'll do that tomorrow... and will leave just one square so that it is ALONE.





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  • theoneit
    02-14 05:30 PM
    hi,

    I am a little confused on my case. This is how it is:
    I recently got married and am back in the US. My wife is employed in India and shall be filing for her H1 this year(Apr08).
    At the same time,given the unsurity of H1,we shall also be going for her H4 Visas in Mar-Apr so that she can be here in the US,ASAP.

    I have a few doubts/questions:
    1) Since her H1 would be filed on April 1st,do I need to wait till April 1st before going for her H4 so that her application stands clean ?
    and
    If I go for her H4 before April 1st(say March 29th),does her H1 filing need the H4 details ?

    Also,assuming during her H1 filing she didnt have H4 and then gets her H4(say on Apr 2nd) and comes to the US. Assuming her H1 gets approved,does she have to leave the country and get her H1 stamped for change of Visa from H4 to H1(note at the time of H1 application she didnt have her H4 Visas) ?

    I hope I am able to explain my confusion well. Any help on this is appreciated.

    Thanks !!



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  • naveenarjun
    02-27 01:17 PM
    Guys,
    how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?

    DO u think the PD will move forward by months,years?any Ideas?





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  • 485Mbe4001
    04-09 07:47 PM
    I think that it was a trial balloon. I have seen this pattern for most of the major issues this administration is planning to tackle. Take TARP for example...for a month one would just hear leaks about proposed solutions. Media would pick it up and give a reaction, the next leak would be an updated version based on the feedback. Such articles help keep the issue in the forefront, help gauge the reaction (both positive and negative) and provide a simple exit to backtrack incase of major opposition. :rolleyes:



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  • ranand00
    07-13 02:20 PM
    Hi

    Company "a" applied for my h1b on 7th april 2009. They got an RFE in june and informed us yesterday of the same after lots of phone calls.I am not interested in working with them anymore (because of their lack of communication and bad feedback from other employees)
    Meanwhile company "b" is ready to file a new h1.Can they do that.
    Do i have to tell company "b" that i filed with company "a" initially but they got an rfe .
    what is the correct way to file new h1
    Thanks

    anand





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  • reddy2cool
    09-12 03:31 PM
    Thanks guys, But the problem is its been a long while and i misplaced my w2 do i need to send that as well (incase if they ask i dont have it and i didnt file return for that year since my income <3000$ for that year)



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  • PD_Dec2002
    03-20 07:58 AM
    Can i travel back to USA via London/UK without a valid US visa but with a valid AP?

    London is kind of picky to make sure we have a valid US visa when traveling via their country and have to change planes.

    My friend was coming back to USA via Emirates (Dubai/London/USA) and he was prevented to board the Dubai to London segment because he did not have a valid USA visa and they were not considering the AP documents.

    Flew in on BA via London using my AP in February and everything was fine. They all know what an AP is. But I hope you are aware that you are required to have a UK transit visa since you do not have a valid US visa; just an AP. That's approx $92 per visa.

    Or you can perform a search on these forums for a thread that listed the airlines (countries, actually) that do not require you to have a transit visa if you are reentering US on a AP.

    Thanks,
    Jayant





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  • priya23
    02-21 03:09 PM
    Hi

    My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.

    Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.

    kindly advise



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  • morchu
    05-24 01:25 AM
    SSN is not really a requirement to start to work. So the answer to your question is NO, she dont need SSN to work on EAD.

    But in a practical scenario she need an SSN to work (see below reasons).

    SSN is required to pay/withhold taxes and probably for pre-employment background checks and all. So it is very unlikely that an employer will hire somebody without an SSN (or at-least applied for SSN).
    Does she need SSN to work on EAD?





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  • leo_loco
    06-28 02:42 PM
    Hi:

    I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?

    If yes, then how does it work? I mean is it possible at all?



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  • Axilleus
    09-25 10:58 AM
    Hi
    Here is my situation:
    Entered US with K1, received I-94 at the time of entry with Employment Authorized stamp, and the CBP officer told me I can work with the I-94 until my status changes to permanent resident.
    BUT I-94 is valid only for 90 Days so my permission to work is not valid any longer (That is what the Employer says).
    Filed I-485 to Chicago, IL, application was received on July 19/07.
    Receipt Notice received August 27/07. Biometrics taken August 30/07, have an Interview on November 29/07.

    I called USCIS, they told me I have to apply for an EAD.
    Applied for EAD in August. Application was received on August 29/07, the Biometrics Notice Date is September 17/07.
    Now I have an absolutely awesome job offer but I don't have a valid Employment Authorization document.
    I called USCIS yesterday to ask if I can expedite the process for the EAD, they said go to local immigration office and ask them to see what options you have (she read some options, I didn't write any down because it was a long list).
    I went to a local immigration office this morning, they said "We cannot do ANYTHING from our local office in regards to a EAD since September of last year!!!".
    They also said to call USCIS and ask them to download the Biometrics from the I485 application to speed up the process.
    I called USCIS this morning and they said they are UNABLE to download the Biometrics.
    I asked them if there is a way to expedite the process for the EAD, they told me the same thing as yesterday: Go to local office!

    Here I am, in this #$#%#^# loop, can't do anything about this and USCIS or the local immigration office does not give a damn about honest people who are trying to make a living and put some food on the table.

    I don't know what else to do but if somebody has an idea please, please, please let me know.
    By the way, the Immigration officer told me that the employer can hire me if they want, but it is up to the employer to decide!!! I just don't understand how somebody is supposed to hire me if I canno't show any documentation allowing me to work here.

    I would also like to know how long it took for any of you who applied for the EAD??

    Thank you!





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  • zephyrr
    05-22 09:40 AM
    my lawyers have indicated that i would need a 551 stamp in the passport if the card doesn't arrive on time, using AP etc is not an option.

    anyone been through this situation and has more details?

    thanks



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  • gaz
    09-03 10:48 AM
    thank you





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  • the_googly
    03-25 05:05 AM
    I recently applied and got my schengen visa. My case was pretty similar to yours. You should be able to use your AP document to apply for visa. They will also request you to show your travel itinerary. I do not see any problems if your return date on the travel itinerary is before your AP expiry date.



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  • Gravitation
    08-17 11:20 PM
    You are fine. Have no worry and have a good trip. Use your H1B to get back.





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  • bestofall
    03-25 05:13 PM
    Just want to share the info that i got from my immigration firm news letter


    Under Section 265 of the Immigration and Nationality Act (INA), all non-U.S. citizens who change their residential address are required to notify the U.S. Citizenship and Immigration Services (USCIS) within 10 days of the change. This applies to all adults and children (of any age) who are non-U.S. citizens, including U.S. green card holders.

    A person who fails to notify the USCIS of a change of address within 10 days of the change is guilty of a misdemeanor under Section 266 of the INA. The penalty for failing to notify the government of the new address within 10 days is a fine of up to $200.00 or possible imprisonment for a period not to exceed 30 days, or both. However, the government has not enforced this section of the law that rigorously to date, and many notify the USCIS of their change of address well after the 10 day reporting period without an issue, but this could change. Since we have seen an increase in USCIS enforcement activities with respect to H-1B employers and H-1B workers, and since many H-1B employers place H-1B employees at client locations around the country for short-term assignments, it is very important that H-1B employees notify the USCIS each time they move within the 10 day reporting period.

    In order to report a change of address to the USCIS you may download, complete, and mail a Form AR-11 or Form AR-11SR (Special Registrants Only) to the USCIS, or you may report your change of address, electronically, by visiting the USCIS web site (www.uscis.gov), and following the procedures provided by the USCIS





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  • satyasaich
    12-02 09:51 AM
    For sure i can say that one can travel (if needed) just after applying 485. No need to wait until one gets the travel papers.However to enter in to the country again, one should have either a valid visa H1 or H4 visa stamp in the passport OR should present the travel documents related to 485 (which means some arrangements need to be done. say a person applied 485 on dec1st/06. left to india on Dec3rd/06. travel documents usually takes anywhere between 6-8 weeks. so these have to be sent to india sothat the person while coming back to US again, can present at port of entry)

    Lawyers say as a matter of precaution.( For example there is a query to submit a passport copy once again etc;)


    Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
    I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.

    I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.

    This is a complex situation, you should consult a lawyer.





    h1bdude1
    03-25 06:04 PM
    I will be going to Civil Surgeon Next week for my Medical Exam Report (I-693). I saw lots of people got RFE (Query) from USCIS for Incomplete I-693. most of the time i heard its a Surgeon Mistake - either missing chest X-Ray Report or missing signatures or not standard X Ray Report and so on.

    1. Could somebody Recommend me any Precautions which i need to take
    while visitng civil surgeon office to minimize mistakes.???
    2. Do i need Chest X-Ray Report from civil surgeon ??
    3. what else i need from civil surgeon ??


    P.S : Mine is a Family Based AOS





    ruby
    09-24 02:10 PM
    My sub-labor was approved and my lawyer used it for I-485- but it is for EB3. My original I-140 was for EB2, which was approved before my EB3 I140 was approved. Now my lawyer doesn't want to interfile.



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