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  • satyasaich
    06-20 04:08 PM
    First of all,

    If i may ask, do you have valid visa stamp in your passport?
    If so, (and if circumstances permit), plan to complete your travel with in that validity.
    Honestly if it's a family emergency (god forbid ) then it's a decision one has to take.

    Another option is convert your husband's H1B in to premium, so that you can get your H4 with a valid I-94 as well and you are safe. Ofcourse if your visa expires in the passport, all you have to do is appear in one of the US consulates in india. There shall not be any problem for H4 stamping
    OMG are you guys saying dont travel even in emergency situations?!!




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  • hpandey
    11-10 02:57 PM
    Hi friends,
    My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
    They said that they will NOT accept
    - valid unexpired EAD
    - valid unexpired AP
    - valid 485 receipt
    - even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
    ...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
    In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

    I will appreciate if anyone has a solution to this problem. All answers appreciated.

    I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.

    Is this something new because I renewed at NY earlier this year using my I-485 receipt and they renewed it for 10 years . I had a very old expired visa stamped in my passport.




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  • chandra_mb
    07-18 11:37 PM
    I understand that to file 485, all applicants need to be in the US.
    Do the dependents/spouse need to be present in the US to file the EAD later (after we get the 485 receipt) ?




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  • indianabacklog
    07-27 09:32 AM
    I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?
    EAD is like a free pass to "living". You have the choice to work, not to work, work for yourself, change employer when you wish etc.

    However, if you are the primary applicant if at all possible stay with your H1B employer and let your dependent have this luxury.



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  • rdehar
    11-27 01:40 PM
    How does it work? It doesn't work anymore :D

    Labor substitution is dead.

    Beware of anyone scamming you in name of labor sub...




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  • vpgreencard
    07-30 09:46 PM
    The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.



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  • gccovet
    10-20 12:00 PM
    Hi

    I used AC21 to switch the company. First my new company said I have to use my existing old attorney for my I485 case. So, I asked my old attorney to prepare AC21 documents and mailed to USCIS, which is already done.
    But now the attorney from new company is saying that they are again doing AC21 documents and will be sending to USCIS. On top, new attorney is asking me to fill G28 form. Is it necessary to file AC21 document twice or make it too confusing? And this G28 is only for me, not for my wife. I am confused with whole thing. How will this work? with my case transferred to new attorney and my wife's case still with old attorney? I also heard from this new attorney that most of the time G28 and AC21 documents will never reach to USCIS file and in that case, USCIS will communicate with old attorney. On one hand, I have to tell my old attorney that I am changing attorney but on other hand I am not even sure whether USCIS will accept or not. My old attorney has been always helpful and he has all my information and original documents.

    Is it advisable to switch attorney when you have I-485 pending? and is this filing of AC21 documents twice necessary or will make more confusion in my case? What is advisable in this situation? What should I say to this new company attorney and what should I say to my old attorney? I am in big dilemma...

    Please help. I need your suggestion.

    Thanks,
    BK


    Most of the time people change attorney due to conflit of interest. If your old attorney was hired by your previous employer to do H1 etc stuff, he might have to be loyal to your previous employer.

    G28 is a "power of attorney" form. This form will allow your attorney to act/reply on your behalf for legal immigration matters.

    GCCovet




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  • pd_recapturing
    04-30 06:46 PM
    I have done interfiling myself with PD of March 2000, no luck yet. Interfile is a matter of luck, there is no guarantee that the letter you send will reach your file. Also USCIS does not give any confirmation that received your interfile and will transfer the PD. All depends on when they process your case and see your interfile, they may take action.

    I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
    Jai, Whats the fax # ? I am also in same boat. Have sent 3 letters so far. This is very frustrating. I do not know how come lawyers say that interfiling is easy and way to go rather than filing a new 485 ...



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  • mhtanim
    12-12 08:48 PM
    I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.

    When my I-140 was filed, I was given the option to either provide 1. Audited Financial Statements or; 2) Company Tax Return.

    As my employer didn't have audited financial statements, my company submitted the most recent company tax return with the I-140.




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  • mysticblue
    08-17 01:57 AM
    I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -

    Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.

    Thanks for the valuable inputs.

    Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.

    1. Did you mean that I should resign from B only after getting a transfer receipt from C, or I should resign from B only after getting visa approval from C ?
    2. If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?



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  • RLNY122004
    06-15 04:23 PM
    see the reply
    Hi RLNY122004

    Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.

    1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
    --- Please see my signature for details. My case was transfered to local office and we were interviwed last year. I took infopass last week went to district office and they told me that FP is expired and will have to take new FP. I gace FP last week and went back again today to findout the status , officer told em everything is okay and she is approving the case. She requested the visa numbers and took our I94.

    2. Did you speak on the phone?
    --- see 1
    3. When was your name check cleared?
    --- last year when I went for interview i asked officer and she said its cleared.4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
    --- last one on 06/07/2007 was 10 fingers.
    5. Was your I-485 case trasnferred to Texas/Nebraska recently?
    --- see 1
    I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
    --- I got to go now, I will try to come back online later in the night and answer your questions.TIA




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  • GCwaitforever
    02-27 05:42 PM
    My intention is that he would join the forces to reinstate the V Visa provision. There are many permanent residents who can not bring their spouses/children here.



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  • jc2002
    09-25 10:13 AM
    We both have received EAD.

    But I want to stay in H1B. Can my spouse use EAD to work and I stay in H1B?

    Thanks.




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  • Sunx_2004
    01-02 04:05 PM
    Congratulations you started the process, Now relax and wait. Without any favourable legislation It can be while before you can apply for your AOS. Meanwhile have labor and I 140 approved.


    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??



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  • paulinasmith
    08-10 09:05 PM
    I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.

    I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.


    I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:

    1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.

    2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.


    In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .


    Any suggestions/ advice appreciated.

    My employer started green card process in November 2009 and still PERM is not filled with DOL (August 2010).Getting a PERM into DOL system and getting it approved/certified is the biggest hurrdle these days.....




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  • glus
    05-31 09:02 AM
    Just contributed $100 through paypal. ID: 78D447032J342041H

    Please, do the same. It is critical to get IV going further.



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  • bfadlia
    03-18 02:56 PM
    would that invalidate the SSN?




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  • sdrblr
    08-27 08:03 PM
    Use FOIA form to get a copy of your I-140 approval notice. It is a slow process. Can take upto a year to get the document.

    USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )

    Did not know that you can use FOIA for obtaining a document that does not belong to you (or you dont own it)




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  • ananthd
    09-17 10:25 PM
    Hi Guys,

    My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.

    I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.

    I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.

    Thanks and have a great weekend,




    rsdang
    07-21 12:18 PM
    Guys,

    Make an infopass appointment and they can put a stamp in your passport which will allow you to travel.

    Thanks
    Randeep




    jr8rdt
    11-21 03:04 PM
    I have included the experience letter to my I-140 but the USCIS doesn't like the content of it hence the RFE. How can I overcome this? I got the letter when I left the company 10 years ago . I came to the US after that. the letter was very broad not specific duties. it was signed using letter head by my manager. I thought it was OK. but apparently not.

    Problem is the company is no longer in business. I am planning to have a letter from a coworker who now live in Canada instead and should it be notarized ? is one letter enough for RFE? Does it mean my ex co-worker should bring the letter to a lawyer in Canada and have it notarized? or can my lawyer send a notarized letter and ask him to sign?

    do I have to mentioned that the company is no longer in business in the letter?should I write the letter my self or have my lawyer do it for me?

    anybody has a sample letter for RFE experience letter?


    THanks....
    I need help.....



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