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  • arnet
    10-29 12:47 PM
    the answer is no if principal applicant still maintains H1B and the person in H4 not using EAD to work.

    If prinicipal applicant changes uses EAD then the dependent H4 visa is no longer valid.

    It is better to carry all the immigration papers while you travel. you might not know when you will need those. I always suggest that any person while travelling or at POE (port of entry) should have original EAD+AP (if they have or atleast receipt notices), H4 documents,etc. eventhough they need it or not (or using it or not). it is better to have.

    I heard BUT NOT SURE ABOUT THE FOLLWOING, PLEASE CHECK WITH YOUR IMMIGRATION ATTRONEY, that if principal applicant is in H1B and if H4 person uses EAD for sometime and then went out of US and came back and at POE uses H4 visa stamping to enter US instead of AP then that person will be in H4 visa (it is not cancelled as the principal applicant is still in H1B) and they can convert again to EAD anytime later. Can anyone have any knowledge/experience about this?


    If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?


    Please help...




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  • itsmesabby
    07-06 02:57 PM
    Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.

    Using AP has no relation to using EAD. I have confirmed this with my attorney as well.




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  • gopinathan
    03-29 05:02 PM
    your case seems to be completed before Jan 29th 2010 deadline. from my understanding, all new applications after that date should go through a central (federal) PWD and that system is taking its sweet time..

    my application from a big company was filed recently. same process issues but they completed the prevailing wage issue just before the deadline.

    ksvreg - if you are looking for the new timelines, I don't know about those either..

    ...My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, ..




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  • jsb
    08-31 03:14 PM
    ...Anyways if anyone who has their PDs current on this forum and believes that they are feeling lucky tommorrow or anytime in the next month, I would suggest NOT to wait for GC news. When you're feeling lucky go to Vegas, maybe a multimillion $ jackpot that you always dreamt about is around the corner:D.

    Nevertheless, wish that you and all others on this forum, particularly with senior PD's left out last year, get GC. Good news should begin to flow tomorrow at 8am (or even earlier). So do whatever you can do, to start feeling lucky. Perhaps that will make you lucky.



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  • chanduv23
    08-10 11:03 AM
    Hello All

    My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
    "The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
    I am confused,will they accept the application,checks are not cashed yet,applied on july18th
    Please Help


    R u sure? Mine don't match - where did u get this info?




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  • arc
    06-17 02:33 PM
    AC 21 allows you to change jobs 21 times. :)

    come on, once you complete 180 days you are a free bird on EAD. Enjoy it. The only limitation is that you need to work on same or similar job and similar salary. everything else is sugar.

    When you say same or similar profile, what does that mean? The same or similar according to what was mentioned on PERM?



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  • Sachin_Stock
    08-24 12:35 PM
    Hey man, thats cool that at least they asked you some questions, or RFE. Some movement in ur case, somewhere!!

    I am Eb3 with PD Jan 2004 and I am totally in dark :(




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  • StarSun
    05-03 02:29 PM
    I and a bunch of friends want to join the state chapter for Alabama, but I could not find the details. I also searched in the State chapter page:
    ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)

    Could someone provide the details?

    Thank you

    There is no current chapter for Alabama, so if you and your friends would like to start one, please contact me, and I will help you. Unlike what is posted in the thread, members in AL don't have to physically meet to conduct activities. Call me.



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  • sledge_hammer
    02-22 12:46 PM
    By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.

    I think you should consult an attorney.

    To all Experts/Gurus, please advice on this issue.

    I hold a H-1B status as well as I-485 Adjustment of Status Pending.
    I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

    I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

    1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
    2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
    3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
    4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
    5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
    6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
    7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
    8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
    9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

    These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

    Thanks.




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  • justAnotherFile
    07-11 09:01 PM
    That was a very good inquisition in your letter GCBy3000. Thanks for your effort to send it to David Obey (is he a journalist btw).

    It appears that he has circulated this and it has somehow gotten into the political circle.

    it is very good for us to increase visibility on this issue more on Capitol HIll.



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  • rogerdepena
    08-01 11:30 PM
    nope... I have my receipt notice that has June 11th on it, but the only system says July 3rd, which is the day they sent my notice :)

    i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.

    anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.




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  • mjdup
    05-31 09:50 AM
    Just contributed...

    The math does look good pthoko but do you think all 13K will step up especially the ones whos PD has become current !

    I'd be glad if atleast 1K contribute. Can you imaging the power IV core will get with 1.3 mil, I can only say WOW !



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  • senthil
    02-07 08:48 AM
    folks - this is what ive been told.

    we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.

    In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.

    hope this helps. do you guys have any suggestions / questions




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  • cal97
    08-15 08:01 PM
    I am in the same boat. Filed I-485 with an EB2 approved I-140 P.D June 2004. DBEC approved my EB3 LC with PD 2001.

    This is what I know can be done:

    1. File I-140 and I-485 for the older LC. USCIS may later ask you to withdraw
    one case.

    2. File for a new I-140 for the older LC, wait for it to be approved and then
    file for substitution of I-140. Then the EB2 will get the older PD. This is the
    I-140 porting process that my attorney explained to me.

    3. File for I-140 and after approval file for CP.

    I have opted for the last option. My attorney has filed for my EB3 I-140 and asked for CP. Since I-140 approvals are taking so long and with no PP I do not expect anything for a year more atleast. Again, you have an option to port the I-140 to EB2 if you do not want to go through the CP route after the older PD I-140 is approved.

    Hope this helps.

    HI!

    I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?

    Regards,

    USA2007



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  • godbless
    04-16 11:41 AM
    Bump.




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  • sunny1000
    01-14 04:14 PM
    I posted this on another thread:

    American Red Cross (http://www.redcross.org)
    www.salvationarmyusa.org

    You can choose "International response fund" for Red cross donations so that the money goes to Haiti relief effort or text "Haiti" to 90999 from your cell phone (the previous poster mentioned).

    You can mention "Haiti Relief" in the "specific purpose" column for Salvation Army. You can use paypal also.

    I donated to both. Please donate as soon as possible.

    Thanks.



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  • himu73
    08-14 12:47 PM
    I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.

    Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.

    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.




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  • nogc_noproblem
    12-12 09:05 PM
    Paid Time Off

    PTO: planned time off




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  • diesel
    03-01 09:29 AM
    Now they are saying 17 months (until 9/30/2007)

    Is a year 10 months? What kind of math is this? :confused:




    pappu
    11-20 01:23 PM
    All pls PM each other and exchange phone numbers and emails so that you can start building your local IV community. Once you have contacted each other, you can start the action items for state chapters.Core members can help you whenever you need help. However we want local members to organize themseves and form a community so that future events can be planned.




    Kodi
    09-16 06:26 PM
    Yesterday my employer received notice that my co-workers I-140 was denied and when she went home she received denial notice for her I-485 too. She filed EB2 concurrent.



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