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  • jamesbond007
    12-08 04:39 PM
    I wish! :)

    I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

    Yes. We are foreigners no matter how much tax we pay or how law abiding we are...

    Let us not assume. The worst that can happen from this request for a seat at the table is that they will deny the request.
    There is a first time for everything. The transition team having a transparent open door policy for anyone's suggestion itself is a novel idea.

    Obama and company are looking for ways to create jobs and revive the economy. Any idea that works towards those goals, I am pretty sure they will be all ears.




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  • lostinbeta
    09-06 03:22 PM
    Hey, thanks Hojo, it took me a while to get that text to work correctly on the board. Darn CSS. I was trying to use span tags when I really needed to use div tags.

    Your footer doesn't show Hojo? I right click and it says Movie Not Loaded.




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  • EndlessWait
    12-06 08:01 AM
    I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.
    not EAD, but thanks for the reply.




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  • rockstart
    04-17 03:32 PM
    Quick question you said they asked you to submit your legal status papers since 1999 which was when you went out of country? I have 2 questions

    1) Since when have you been in US, rather first time when did you come to US

    2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation


    your responses will be appreciated.



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  • cygent
    05-28 01:49 PM
    Hi Jerrome,

    You should receive it in 3-4 days max. We got it in 2 days. Please ask them to recheck, or call USCIS 1-800 number or even better conduct INFOPASS where they can even resend the RFE to another address if necessary.

    Generally how many days it takes to get the actual RFE in hand.




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  • waitingforgc
    06-06 08:20 AM
    First of all after applying H1 extension you have a 240 day window when you wont be out of status even if your H1 expired ( as long as the extension is applied when the current was Valid). My H expired on Jan 29th and i applied on Jan 9th and the last 5 months i worked as usual without Visa or I-94 ( but in Status) ...

    Don't worry at all - if by chance anyone reaches near 8 month/240 day finish line which is highly unlikely, pump in extra 1000 bucks and upgrade that to a Premium H and you must hear a decision within 15 days....

    There are tons of options - even if Premium doesn't work still there are 2 more options ( of course within legal boundary )...
    Thanks for the answer.



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  • needhelp!
    02-05 01:45 PM
    You will have to pay again and again and again.
    But you have a chance to get 2 year EAD. Thanks to IV for the effort.


    Hi Prasadn,

    Thanks for the reply. That sucks if I have to pay again::((

    I read somewhere that if we apply with the latest fees, we dont have to pay again.

    Can any one else please confirm?

    Regards




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  • sc3
    08-28 02:46 PM
    That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.

    Quite a lot of legal filers from 2001 had been stuck in BEC. They are now coming out to apply (in the poll you started there are about 2.5% of applicants with PD in 2001!!!) , others are people who substituted (both with buying and using old labors within their companies) their labor certificates last year -- so definitely we will still see some Pre2002 applications, but is it enough to derail the movement of EB3 for another year? That is not clear.



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  • number30
    11-24 04:06 AM
    Hi All,
    I am self-filing my i-131 application this week. Here are the briefs about status:

    Current Status: Working on EAD, 485-pending (July 2007 Application)

    I am dependent on my husband's green-card application. I used my 6 years of H1-B and started working on EAD about 6 months back. We never applied for AP before. My husband extended his H-1B beyond 6 years as I-485 is in process.

    I am tryin gto find complete list of documents for the application. I am planning to travel on Caribbean Cruise on Feb 27, 2010. I hope to get my AP approved by then. To avoid any RFIs I wnat to make sure I am sending everything that is needed.

    1. Completed form I-131
    2. 2 Photographs (size 2x2) with white/grey background. Head height and eye positions as per USCIS guidelines.
    3. Copy of EAD
    4. Copy of I-797C (I-485 receipt)
    5. Copy of Arrpoved I-140
    6. Copy of all pages of Current passport
    7. Copy of all pages of expired passport
    8. Copy of Driver's License
    9. Marriage certificate (do I need this? Because I am am dependent on my Husband's 485 application)
    10. Birth certificate (again do I need this. but I read somewhere)
    11. Letter explaining why I qualify for AP (is there standard format for this? )

    I really appreciate all help regarding this. I read many posts but most of them were about renewing AP or EAD/AP together.

    Thanks a lot.
    Usualy Following is the list
    AP application
    2 photos Photo
    Check
    I-94
    A letter explaining why you need AP(sample letters from ),
    Copy of I485 receipt
    Covering letter
    Copy of Arrpoved I-140
    Marriage certificate




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  • rahulpaper
    08-03 08:32 AM
    3 year extension is availabe only if your PD is not current and 140 is approved. 1 year extension is only available when you have GC process started 365 day prior. You can go between 1 year and 3 year extensions (depending on PD situation).

    I am not sure about the change of employer part...because your 3 year extension is tied to 140 which is tied to an employer...I am not sure if one is able to maintain H1B status if one invokes ac21 or use EAD in 8/9/10/11 th etc year. The new employer can always start the process (before hiring you) from begining..and have PERM and 140 approved and then you can transfer H1b to new employer. (because you are able to tie it to new approved 140). BTW...you will still save the priority date too..


    I am not an lawyer. The information provided here is my personal opinion.



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  • GCcomesoon
    01-03 02:57 PM
    Hi

    Seriously , its only the PD which counts , so in this case the one with earliest PD should get his approval first, but sometimes ( sorry many a times ) USCIS has its own ways of doing things,so It can go the other wat too

    I hope this answers your question

    Thanks
    GCcomesoon




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  • iwantmygcnow
    10-15 09:42 AM
    I am new to IV. what is an SR?



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  • pappu
    01-30 02:47 PM
    Please update your profiles and help us make this tracker popular. Here are some tutorials to help you get started

    Getting Started: http://www.youtube.com/watch?v=L9mE1L5HWm8&fmt=18
    Basics: http://www.youtube.com/watch?v=PFDccTmrMfY&fmt=18
    Finding and Filtering: http://www.youtube.com/watch?v=vf_1yqAGZYs&fmt=18


    FAQs:http://immigrationvoice.org/wiki/index.php/IV_TRACKER


    We urge everyone to input correct profile details so that we can help each other. Please also politely nudge each other to enter correct profile details when you see an incorrect data. We need the analysis as charts and graphs of this data for a presentation we will do to lawmakers for recapture bill this year and any possible admin fixes.
    Correct data will also help everyone track cases better on IV tracker.

    Let us all help in this effort.




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  • MDix
    01-26 04:35 PM
    Voted.


    Thank's
    MDix



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  • gc_check
    07-19 10:17 AM
    I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

    July 1st - Applied Wife's 485
    July 8th - My 485 was approved
    July 13th - Wife's 485 Denied due to outdated forms
    July 14th - My H1, Wife's H4 and I-94 Expired
    July 19th - Planning on sending a new 485 application for spouse

    I'm mainly concerned about two things
    1. Is she out of status for 5 days from July 14th to 19th
    2. Can I still apply her as a derivative, as my 485 is already approved.

    Thank you,

    You can still apply for 485 since your wife is in US and also their is a 180 days window you can apply for 485 even the primary is approved on certain cases, Contact an attorney and apply asap without any delay and also have a document with all details. It is still possible to file 485 for your spouse.




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  • wellwisher02
    03-29 09:37 PM
    Hello All,

    I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following

    1 ) My H1B visa expired on 12/09/2006 from Company A
    2) I have I94 from Company B and I want H1B visa from Company B

    In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".

    I am from India and I going to Canada on Visitors visa.

    Please let me know.

    Thanks,
    SG


    ---
    As far as I believe, you should not have any problem whatsoever in getting your H1B visa from Company B stamped in your passp
    ort. You need to carry all relevant documents related to H1B (including old H1B approvals, old passport (if any), employment credentials, proof of address, W2 forms, etc) so that you're not caught unawares during the H1B visa validation process. Before you board the flight back to the US with your new H1B visa, the US Immigration/Customs counter will issue you a new I-94.

    God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.

    On "issue visas for residents of our Consular district and for state-side revalidations only", I'd suggest you call up the US Consulate to make it doubly-sure you do not run into any issue.

    I had been to Vancouver, Canada a couple of times to get my H1B visa stamped. On both occasions, the H1B visa stamping was successful.



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  • Aah_GC
    06-01 01:37 AM
    As suggested by vxb.. make sure you have your I140 approved, as long as you have that - you should be good to look at other options. If you use AC21 without I140 approval, its puts you at risk as your employer can revoke I140 even after 180 days of I1485 application. Seems like you have that figured that one out.

    The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.

    Use your AC21 privelege wisely.

    Hi,

    I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.

    A short description of this role (for those of you who don't know about this role)

    The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels

    I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.

    All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.

    Appreciate your thoughts on this




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  • needhelp!
    10-25 12:57 PM
    bump




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  • ryan
    05-28 07:57 PM
    Thanks Ryan for reply but I am bit confused... Do I need to have US Visa for working with Canadian company, even if company don't have anything do with US.

    It's canada based company and will be working remotely.

    Let me get this straight; You're working "remotely" for a Canadian firm whilst living (full time) in the United States?

    You shall require a US work visa or a legal resident status to live & work in the US - because (like I said) your status in Canada is irrelevant whilst living & working full time in the US (for a US or foreign Company) I'm not quite sure why that's confusing?




    payur
    03-10 07:37 AM
    I guess I should agree with Jerrome because I am going to India 2 weeks from now and My friend who recently had been to India mentioned the same. I have asked the same question to my immigration lawyer, I will post it when I get a reply.

    In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.

    Please let me know if anybody had this situation.

    -Success.




    kprgroup
    12-02 10:42 AM
    Same here.MTR approved NOV 2008 but online still showing Denied.It's strange feeling when you see denied status online..........Just live with it

    Its been 2 years but my I-485 still shows denied although my MTR got approved and i have renewed 2 EADs and 2 APs etc.

    Don't know for sure but i sent a letter to whitehouse and they sent a response couple of months later indicating my case is waiting for VISA number and everything else is alright.

    And since my EADs and APs are approved in 2 years i am not that worried about online showing denied.



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