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  • zephyrr
    05-22 12:20 AM
    i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.

    looks like 2003 pd are starting to get picked up at TSC.

    how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?

    thanks.




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  • Ann Ruben
    02-01 09:50 PM
    Deepadandamudi,

    Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.

    As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.




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  • thomachan72
    11-26 12:49 AM
    what is the reason for the denial? Only after knowing that you can determine whether you could apeal or not. Let us know what the denial reason is.




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  • nviren
    05-24 08:06 PM
    Guys,

    Please give me your inputs.

    Thanks,



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  • Billboard
    10-27 05:00 PM
    Hi,

    I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD

    1. Is it Mandatory to file AC21?

    2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects?

    3. Can I work on 1099?

    Thanks in Advance.




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  • buehler
    03-01 01:15 PM
    Hello Gurus,

    I am planning to apply for EAD and AP. Debating myself if I have to go with e-filing or paper based. Some one told me, paper based DOES NOTrequired biometrics where as E-filing DOES need biometrics? Could you please shed some light on this?

    Thanks,

    neeidd,

    I had applied for my wife through paper and they did not ask for her fingerprints. I had applied for mine through efiling and they did ask for fingerprints. I was not in town on the day that they had asked me to be at the service center. So I requested a later date. Lo and behold one fine day I got my EAD approved without any fingerprints. Don't ask my how it was approved but that is the case.

    Please enter the details of your Green Card application in your profile.



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  • ragool25
    08-16 03:27 PM
    Hi,
    I am OPT Student ( STEM Extension), I got a full time job in May & joined the company, Before joining the company knows that i am OPT Student.

    After a week, I came to know that company was not e-verified company, still working with them on OPT...& asked them to apply for H1.

    My company dont want to everify at this point, since they will make many new hire & dont want to add additional steps in hiring.


    We filed H1 start as Oct 1, 2010, though i joined in May , also i did not inform my school my new Job.

    They applied for H1 through premium processing & Got an RFE. I asked the attorney what is about RFE, she told its about
    '' they are requesting verification that you really are an employee of my company and how my company h has control over my work. The deadline for the information to be sent back is September 22, 2010.

    Can anyone advise me, how i can prove myself in this case.....


    what are chances !


    Please post your valuable thoughts & exp.


    thanks.




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  • vrbest
    12-16 08:49 AM
    This is not true.. First time H4 when the dependant is on in US will NOT have I797. They just go to consulate with spouse's H1B to get H4 Stamped. I-797 for H4 will be received when H4 is extended with H1 here in US. That is what we also have and I have done 3 extensions/stamping for H1/H4 already with no issues


    You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.



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  • thesparky007
    05-02 08:09 PM
    haha lol!




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  • kirupa
    04-22 04:35 PM
    Sorry for the delay in keeping this up-to-date :) I'll have yours added up shortly!



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  • good idea
    04-20 04:02 PM
    You are perfectly OK.

    Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.
    Thanks...


    Premium? If $1300 is not a matter for you yes.

    RFE response & Premimum are two different chanels now in your case, they will be updated separately.

    Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received.
    Thanks...

    But it is worth. You will get a decision (with RFE response on its way) within a month.

    thanks...




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  • senk1s
    10-14 09:41 AM
    is it an actual check or just a stub with direct deposit?

    Ours is also done thru a payroll company and in the direct deposit and stub our company name is there.



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  • GCHope2011
    11-04 11:16 PM
    Hi All,

    I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do

    1. Can I travel while my extension is pending?
    2. Can I raise a service request to speed up the processing?
    2. or Upgrading to PP is the only option?

    I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?

    Please help...

    Thanks in advance
    Ritu
    Answers:
    1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).

    2. SR to speed up processing might not be of much help

    3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have

    Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).

    Hope it helps.




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  • Blog Feeds
    12-18 09:50 AM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.



    More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)



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  • sudhakar_p_v
    06-12 11:05 AM
    Hi 485_spouse,
    I just e filed my wifes application , can we fedex the documents or does this have to be first class mail. I tried looking for this info but couldnt find any concrete answers.
    thanks




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  • zone.zo786
    04-23 05:28 AM
    No one here could possibly know. The FULL price is probably going to be around $900 a month. But his employer would pick up, usually at least half the cost for HIS coverage - or around $250ish.



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  • immigrationhelp
    08-29 11:00 PM
    Hi,


    I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.

    During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.

    what are the possibilities to include her in my greencard process?

    Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.

    My Case Details

    Labour Filed (Perm)--------------------------> Jan-2006
    Labour Approved -----------------------------> April-2006
    I-140 Filed -----------------------------------> Aug-2006
    I-140 Approved --------------------------------> November 2006
    I-485 applied only for myself --------------> July 20,2007
    First entry into USA------------------------>January 2000
    H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)


    Thanks
    -Kishore




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  • GlobeTrotter100
    10-11 10:59 AM
    thanks, gc chahiye!




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  • gc28262
    08-16 01:10 PM
    The court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.

    Does this mean this memo is not legally binding to USCIS adjudicators ?
    Is it a victory in disguise for plaintiffs ?

    If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
    Court says rule making need not be followed as this memo is not legally binding.




    indianabacklog
    10-19 01:59 PM
    Anybody??:(

    You can request assistance from the airline. My elderly mother travels alone twice a year to visit me and the respective airline are always more than helpful, meeting her off the plane and making sure she knows which gate to go to etc.

    On a funny note she was most offended that they felt a wheelchair was appropriate and insisted that is only for old people. She is 77.




    bugsbunny
    05-17 01:24 PM
    Hi,

    I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?

    Thanks,

    KEDoubt

    You can extend your F1 status under "cap-gap" relief

    USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)

    Here is an extract but please read the entire document carefully from the above link

    Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
    A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.

    If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.



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