Wednesday, June 8, 2011

fast five 2011

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  • swamy
    11-21 05:32 PM
    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.

    Sorry to hear that - I think it's a turn for the better! Last time I parted company it wasn't on the best of terms and quite bitter for many reasons but a few years hence it was the best that has happened to me yet




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  • desi3933
    02-18 01:14 PM
    No, it is not legal.

    I just checked and it seems that you are right.

    It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 visa status holders can only do voluntary work.

    _____________________
    Not a legal advice.
    US citizen of Indian origin




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  • kshitijnt
    03-07 12:49 AM
    Hi People,

    I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.

    I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.

    Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.

    Would appreciate a little insight here.

    Thx,
    M

    She is exempt. I renewed last year under new fees structure. I got my AP . For this year they did not even give me a receipt. So I am going to have to call USCIS.




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  • eb3retro
    12-17 01:36 PM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced


    for gods sake, pls put proper heading for new threads.



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  • cdeneo
    09-21 06:32 PM
    I got my answer, the very next question talks about I-140 withdrawl and its impact on the AOS application if job changed using portabiliity within 180 days of filing.




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  • Pagal
    12-17 12:36 PM
    Hello,

    An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.

    There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).

    In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.

    Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)



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  • ashkam
    10-16 01:27 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?

    There should be two dates on your receipt notice, the receipt date : august and the notice date : october. If both are October, you need to contact t he USCIS.

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?

    Aug 15

    - 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?

    You should be getting your EAD by then otherwise you have to extend your H1B if you want to continue working. Once you get your EAD, update the form I-9 with your employer. As to your wife, you have to do nothing.

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

    180 days after filing ( receipt date)

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?

    She needs EAD approval and the physical card present with her

    - 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?

    No idea.

    - Would I get the fingerprinting notice directly or would my employer receive it?

    You will receive it

    - What other formalities would be left after (assuming) 485/765 are approved?

    Wait for the green card

    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?

    Here (http://www.ilw.com/seminars/august2002_citation2b.pdf).




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  • thatwillbeit
    06-06 03:38 PM
    Thanks for your reply wandmaker


    akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form

    I-131 Application Supporting documents

    Copy of I-485 receipt Notice
    Copy of I-140 Receipt/Approval Notice
    Copy of Prior Advanced Parole Document (AP)
    Copy of Biographic Page of Passport
    Copy of Drivers' License
    2 Passport size Photos
    Check for $305 in favor of DHS



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  • vamsi_poondla
    12-20 08:03 AM
    Receipt Number: SRC0XXXXXXXX

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

    Current Status: Notice Returned as Undeliverable.

    On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..

    I have not yet got the FP appointment. Could this be the letter for that or something else serious?
    After filing, my address changed.
    I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.




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  • praveenuppaluri
    02-21 03:30 PM
    nmdial

    thanks for your response. did you print the DS 160 ? I tried that but it wouldn't save it in pdf (like older forms). I didn't try to print the webpage itself.. what did you do... please let me know.

    Thanks
    Praveen

    I'll be applying for my wife's and my visa stamping and therefore did some research on this issue myself. I believe that we'll need to print out DS-160 as well and take it to the consulate, the same way we did with previous forms. We can, therefore, write our names (or whoever is the applicant) in our native language on it.



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  • bp333
    09-25 01:12 PM
    "july 12 2007" will be the important date. It will be there as an USCIS stamp in the App. You can re-submit this app in Oct 2007 even if there is no visa available for your PD in Oct, 2007. It will be treated as if it was received on "july 12 2007".

    Thanks a lot.




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  • cybergold
    04-28 05:29 PM
    How is that possible?? http://www.freewebz.com/cybergold My picture is in there, is there any way to make it a hyperlink?



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  • lahiribaba
    03-01 02:30 PM
    Friends,

    I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

    Thanks.

    you say you will "complete 3 years since landing in Canada"
    then you say " I have not livied in Canada more that a couple of weeks since landing"

    With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.




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  • eyeswe
    06-03 04:00 PM
    I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation

    U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:

    * been granted Temporary Protected Status (TPS);
    * "a pending application for adjustment of status to lawful permanent resident;"
    * a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
    * a pending asylum application; or
    * a pending application for legalization.*



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  • nixstor
    12-19 01:55 PM
    Good idea. Should we orchestrate our calls so that there is no more and no less than 5 calls every day? I agree we have to persistent on this because he is our only hope.

    I thought that we should call one senator or(and) congressman every day.
    I guess IV core doesnt want to do it for some reason.




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  • sanax
    11-30 09:33 PM
    I cannot resist to say that how glad America is to have an idiot like u as a permanent resident whereas people with clean records are left in the lurch...

    Way to go USA... :mad:

    as you said Stupidity has no boundaries! :mad:

    Thanks for your opinion! I have been already enrolled in the USA military... just waiting for the CG!... maybe more than what you can say!???

    At least I'm prepared to defend my new country!... or is it only 'idiots' who are defending their country?



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  • kmk2002
    07-02 03:36 PM
    There are many EB3 cases going back to 02 which are approvable with I-140 already approved. I am no expert of immi. rules but if point 2 is true, it is a case for further research.


    You cannot sue them for any of the above.

    1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.

    2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.

    3) See (2)




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  • girishvar
    07-28 04:06 PM
    When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.

    I am planning a family trip to Mexico for few days and would like to get some suggestion or personal experience on how to re-enter to United States. Here is my situation:

    Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.

    Any help will be very much appreciated.




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  • kart2007
    10-23 07:27 PM
    AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.

    If you can post the legal references to support your point, it will really help many IVans.

    You are right, what i meant to say is that a MTR turnaround time is usually less than 6 months. And its not that the I-485 keeps getting denied more than once. For one denial, assuming a turn around time of 4-5 months, its still within 180 days of the 'allowed' time to work while out of status.




    sai_srinivas
    05-22 08:28 PM
    Eb3




    GreenCardLegion
    03-22 01:41 AM
    Gosh, very tragic. I pray for the victims as well as their families. Hope they get the strength to overcome this horrible grief. What the hell was this stupid lady doing at 1:45 AM midnight and driving so fast on the wrong lane. She must be out of her mind.



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