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Tuesday, June 7, 2011

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  • va_dude
    06-15 04:15 PM
    With regards to the 485, are these dates the dates our applications were received at the center? (which for almost everyone who filed in the jul 2007 fiasco would be prior to Aug 17, 2007).

    Or is this the notice date?

    My notice date is much later, end of Sep 2007 but the date it was recweived at TSC was around Aug 15.





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  • pjalan
    04-03 11:35 PM
    I just spoke with my company's attorney and she said that I shouldnt get RFE on my I-140. And just in case I get she will inform me and work with the counsel of my ported company to submit a response. Hooray....I am going. My employer is a big known MNC so the only RFE that I may get is exp letter which is very unlikely. With economy going down I dont want to wait for another 6 months for my I-140.





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  • santa123
    09-05 10:51 PM
    How about getting your face changed. That will probably be easier and faster than ask USCIS to fix it mistake. What a great organization!

    LOL!!!





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  • avi101
    06-29 03:41 PM
    Labor and I140 (except NIW cases) are applied through employer and is employer centric (unforunately) and they have every right not to give it to you. The lawyers won't give it to you either as they can be sued by company for doing that (based on what a well known lawyer told me).

    Your best bet is to petition through Freedom of Information Act (google or check immigrationportal forums for more info) for these things and you can get a copy from USCIS. People seem to have done this successfully. However, this takes time.



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  • bb8185
    06-05 05:23 PM
    [QUOTE=martinvisalaw;345850]A person with a 485 pending is allowed to remain in the US. There is no name for this "status", but it is lawful to stay in the US, and to work using an EAD.

    Thankyou

    Is this still true if the person did not have a new job, would they still be legal (assuming that they could fund themselves. I am trying to get to the answer of what if someone is laid off and does not have another job while their 485 is pending.

    Thanks again





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  • roseball
    06-22 08:49 PM
    I got mine done at Samsclub.....$4.99 for 2 pics and 0.40 cents each for extra prints.



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  • gcpool
    08-30 01:48 PM
    The USCIS looks at the EAD eligibility option. And that option is there as I-485 applicant. (also this is a must field on the EAD application online where as the visa status is not)

    But on the current visa status there is no option saying that you are an adjustee and so the CS person (She was not sure) said that visa status considered is the last applied visa status. So if you were on H1B its better to put H1B. I also saw this on a website somewhere.





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  • laborchic
    01-23 05:02 PM
    This sounds interesting. Shouldn't we follow the same procedure we did for sending messages on change.gov ?

    Do we have any action item on this from IV Core?:)



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  • vishalsab2003
    06-04 09:04 PM
    Hi Friend, what finally happened to your petition , was that accepted as is by USCIS. I am recently in the same position where attorney showed intent to extend my h1B beyond 6 years but i dont have old enough labor and I140 is not even aapplied. I can recapture 6 months of time but he showed full 1 year , did you face any issue. My attorney told me nothing to worry as they will give H1 till whatever time we will establish,





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  • umangini
    04-13 10:41 PM
    The law does not applicable to child born in USA. If child born in USA then the cross chargeable for child is applicable to the parents birth country. I am still searching for more information. I will post more information as I will find out.



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  • agc2005
    09-06 09:52 AM
    Last year me and my wife had same issue with EAD and AP , we had to send them back with new application, new photos, passport photo copies and cover letter explaining that it's USCIS Admin error, we didn't send the checks.

    Later we received corrected EADs after 5 weeks, but for AP it took about 2 months.

    agc2005
    PD: EB2 3/2005
    RD: 07/02





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  • go_guy123
    10-23 02:02 PM
    Glad to see this law. Also this law gives me hope for recapture. No one knew about this law was in transit and without any hitches this one passed all the way. So for those who feel that recapture cannot pass can rethink their position based on this new fact.

    Yes very true....actually thanks to organizations like IV a lot of lawmakers now understand the EB backlog. There is not a major opposition to EB reform.
    It is the CIR that is holding this back.



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  • uma77
    10-17 09:12 PM
    thank you duttasurajit for the link.





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  • immi_seeker
    09-11 06:21 PM
    There has been a understanding that the number of EB cases (EB2+EB3) with PD of 2005 is very less compared to previous years (close to 8000 i believe). If thats the case and assume 2004 cases are cleared why didnt the VB make more advance movements?



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  • yabadaba
    06-29 02:22 AM
    Yabadaba,

    I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.

    See

    http://www.immigrationportal.com/showthread.php?t=158111

    http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada

    http://boards.immigration.com/showthread.php?t=165295

    There is a mighty good probabilty that we will get an RFE to
    establish proof of inspection of entry into the US

    So...start getting together any proofs for that:D that said it is fairly easy to take care RFE

    for u - u need to put in the last time u got a stamp when u left/entered the country. my case was different, I had gotten a visa stamp from toronto. that should be sufficient proof for uscis





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  • neelu
    12-13 11:33 PM
    Try the easy way first, which would be to go to the port of entry where you got the incorrect I-94 and request them politely. It is really in their hands if they want to correct it.

    But then they usually tell you to go out of the country and get a new I-94. If you end up doing this, show the greatest expiration date, be it 797, or VISA, to the immigration officer.

    Whatever it is, you need to fix your I-94. Keeping your current I-94 will put you out-of-status once the date expires. Why the complications?



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  • pasagc
    07-31 07:35 PM
    Sorry for my previous unfinished post....:)

    I am going to file my EAD by myself. My lawyer filed my I-485/AP on 11th July. She also gave me the Ups delivery document. Now I have the following q. regard to that.

    1. What will be the filling fee for applying EAD now?
    2. Since I am filling with the delivery document and not wait till I get the receipt notice for I-485. Is there any negative side with it?


    Please put some expert light on this urgent matter.

    ��������������..
    One time contribution to IV: $100





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  • thamizhan
    07-18 10:33 AM
    My attorney just confirmed that my application sent to USCIS on July-2, received by them on July-2 @ 9:02 AM is not returned.

    This means they are accepting it.

    My case was sent to Nebraska Service center.





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  • nlssubbu
    12-06 12:01 PM
    I asked my attorney the following question. His reply is in caps:

    Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.

    A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.

    What is the feed back you guys have received from your legal counsels? Please share.

    I was in that status where my I-94 based on AP expired, but my attorney told me not to worry about it as my status is based on 'AOS'. I also had my H1B extended for 3 years after the I-140 approval, and they informed me the I-94 attached with H1B is still valid and not to worry.

    I also had not faced any issue while going out of US and my return as well.

    This is another grey area where attorneys differ and consult with them before hand, analyze the information provided before taking any decision.

    Thanks





    H1B-GC
    09-17 02:42 PM
    2 times I returned back from Intl trips, the officer kept 1 original. I am left with 1 original. I have one intl trip to make before my renewed AP arrives.

    From the discussion, I think the officer will stamp the last original, make a copy and give the original back.

    Have a Photocopy of the AP with a "Copy" Seal on it just in case... I had 2 original AP's and both the Times i travelled international - From Rome and Hyd,India to US , the Immi. Officer gave back the Original with the Stamp on it. you could request the Officer to give back the AP explaining your case. This shouldn't be a matter of concern.





    acecupid
    02-25 12:57 PM
    LoL. No wonder she got caught. She is not only a thief, she is also stupid.
    :rolleyes:

    Whenever people post for their friend mostly likely its their own story. Good observation indeed.



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