Wednesday, June 15, 2011

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  • sbmallik
    07-02 11:28 AM
    Since this is not the first H-1 you have the option to stamp the visa in Canada / Mexico. However, these consulates cannot evaluate the educational credentials unless they are from that country or USA. Please carry educational evaluations with you. Moreover your valid AP will be a handy backup.




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  • webm
    02-24 03:01 PM
    I have e-filed along with spouse new SSN#..no issues...

    When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..


    HTH,




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  • nixstor
    09-11 01:53 PM
    OFLC is nothing but a department of the agency (DOL)

    http://www.workforcesecurity.doleta.gov/foreign/

    OFLC's NPC's in Chicago/Atlanta deals with current Labor applications(PERM) while OFLC's BEC/BPC's(Philly/Dallas) deal with applications from older system.




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  • hope123
    12-22 06:05 AM
    Appreciate all of your valuable inputs.

    I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?

    If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?



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  • webm
    06-09 02:50 PM
    "Processing Date current with respect to Receipt Date" in May VB,even then IO not picked in my case atleast...so its all matter of luck!! back to U-turn..




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  • gc28262
    04-20 09:20 PM
    Hey gc28262,

    I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Approval notice sent.

    On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.


    I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).

    Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.

    Thanks

    Srini

    Here is the complete instruction with address:


    Fill out I-131 Application ( Or use the copy of the original application )
    attach two photos

    Mention the receipt no on the top of the form
    Also mention REPLACEMENT : no Fees included
    Add a covering letter explaining the situation

    Post it to the following address

    USCIS Texas Service Center
    Attn: SIIO Rhonda Hill Johnson
    4141 St Augustine Rd
    Dallas, TX, 75227

    On lower left corner of the envelope mention the following:
    do Not open in the mail room, No fees are attached



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  • lazycis
    12-05 12:42 PM
    Here is a good article on the subject with references to the US law and caselaw:
    http://www.americanlaw.com/maintlpr.html

    "The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."




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  • GCKarma
    07-21 08:57 PM
    With 485 pending more than 180 days 140 approved ..not using EAD i use ac21 to change job on h1.....in that scenario can i get h1-b extension after six years?...if so for how many years?



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  • munnu77
    04-16 01:45 PM
    Thanks. Everybody else that I talk to seems to make a big deal about the commute downtown. Actually It is my wife who will be facing the commute. I get to work from home mostly when I am not travelling.
    How's allentown treating you?

    wht field u and ur wife work on?? commute is really bad, wherever u go..weather is good, if you like hot, humid just like india. public transport is not that effective when u compare to other bigger cities..not a good place if u r in software programming..




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  • immigrationbond007
    06-14 09:22 PM
    They should arrive within 90 days of applying. They are not related to the Priority date. ;)

    First, Congrats to everyone and IV Core Team!!

    Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).

    My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.

    My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?

    Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.



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  • casinoroyale
    02-06 09:11 PM
    >IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???

    No. Its all the same 221(g) or Administrative Processing.




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  • anand2007
    07-16 10:50 AM
    I agree with you. I am also just waiting for them to revise to send my App. why can't they revise bulletin and take all applications filed in July. There is no logic whatsoever.

    If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad: wait a minute! i dont have a house....


    Thats right.i dont have a house, i dont have a life coz i wa waiting for this damn green card...

    my PD Oct 2003, EB3
    I-140 approved like years ago(Atleast seems to me.)



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  • techbuyer77
    06-20 01:13 PM
    However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer.

    Not really as GC is for future job; if 180 days have past you are ok even to change your intent even if you never worked for the first employer.




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  • smuggymba
    10-18 03:13 PM
    My wife's on EAP (OPT), which is valid till next year and will be going to texas DMV tomorrow.

    any exp with texas DMV about giving DL to EAD OPT holders?



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  • rajenk
    02-08 12:49 AM
    Advance Parole. You are not alone. :)

    Thanks, I got it. I even looked up on USCIS e-file page. E-file is the way to go...:)




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  • h1techSlave
    03-25 05:12 PM
    I think we all should vote for just one immigration related question



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  • anemmani
    01-04 01:06 PM
    Can someone reply on my question . Please help .

    My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
    She will come back to US again on H4 visa .

    Can she apply again for COS to F1 after coming back in US on H4 ?

    nit_sea,

    You need to ask yourself the following questions.

    Which university/college is your wife going to?
    - Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.

    Does she have an offer for financial assistance from the university?
    - She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.

    Is she interested in OPT option available to F1 students?
    - Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.

    In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.

    Nag




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  • valatharv
    07-16 01:28 PM
    Thank you so much for support...

    It has been 11 months since they have received response to RFE, I am planning to take info-pass at Boston office next week and would try to contact senator.
    I have heard that it helps.




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  • aamchimumbai
    08-04 08:44 PM
    similar sit and my 485 was accepted with older pd!
    what you say maybe true, but pls don't say it so confidently unless your are an attorney!

    Hello a1b2c3,

    When you say similar situation....

    .....Was your newly filed I-140 approved OR pending before you applied for I-485? Also, which center did you apply your I-485?

    Thanks




    chanduv23
    09-25 10:44 AM
    We should send this to all lawmakers - post it on IV and post it on blogs - print and distribute




    surabhi
    05-29 08:21 PM
    I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name.
    Thank you for the help

    YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.

    USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.

    It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.



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