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  • ds37
    07-16 10:50 AM
    You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).

    Thanks A lot Dealsnet.


    DS





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  • vali
    10-23 02:10 PM
    Thank you so much, I'm pretty clear now, I wish you good luck with your problems, it feels good to know that there still are nice people around.
    Thanks again to you and IV.





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  • nkavjs
    10-18 10:38 PM
    July 2nd Filer.
    RD : Oct 2
    Receipts mailed : Oct 8
    EAD cards : Oct 1oth issued.. recd. Oct 18th
    FP pending
    AP pending





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  • willgetgc2005
    05-24 05:20 PM
    Jay / Logic life /others,

    Does this practically mean none of Sen Brownback/Cornyn amendments we wanted are in the Senate at this time ?

    -----------------------------------------------------








    Mercies,

    This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.

    Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.

    Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.



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  • tikka
    08-06 09:48 AM
    ...bump...


    I will be there..





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  • RLNY122004
    06-15 04:25 PM
    I won't .
    Congrats RLNY122004! Dont forget IV!



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  • Suva
    01-26 01:22 PM
    You are absolutely right. I have also completely lost the hope about it.

    Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.

    Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.





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  • ultimo
    07-16 07:41 PM
    I applied for my AP in august 2007 my case was approved but i didnot get the document . When i called USCIS they told me to reapply for AP .
    Now i got the AP document but the date issued is october 12 2008 to october 2009 .
    But I want to travel outside in August . Can i use this AP , is the document valid , if i go i cant enter before october 12 2008 .



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  • sash
    06-19 09:33 PM
    Hi, I need to travel to India in October. I am told by my lawyers that I cannot travel until I receive the receipt notice for I-485. If my I-485 is filed within the first few weeks of July, when can I expect the receipt notice?

    Also, my husband's H1B is currently under extension. Is there any risk to his traveling to India in October with a receipt notice for I-485? He will need to get H1B visa stamped. Can they reject his H1B visa?

    Thanks so much.





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  • bkn96
    02-09 09:19 PM
    Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

    So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )



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  • wandmaker
    12-11 03:00 AM
    I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post

    No, you will have file I-765 form with USCIS, you can do paper filing or electronic.





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  • surachi
    01-16 04:00 PM
    Any updates on this issue?

    Thanks

    One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.

    He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.

    He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.

    Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?

    I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.

    Looks like he can get paid by the new employer by 1099, is that correct?.
    Also I�m skeptical about using EAD while keeping your H1 with original employer.

    I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?

    Has anybody done this? If so can I know what are the pros and cons?

    If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.

    Can someone pls share your knowledge?

    Thanks



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  • randomdude
    12-07 12:11 PM
    There is no gain in waiting longer.

    What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.

    As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.

    Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)

    I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?

    I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?

    As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question





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  • chanduv23
    11-15 10:19 AM
    Still only 6 people have courage to speak out. What is running in your veins, water?

    We may not be able make changes in the law now but we might be able to get some relief on restrictions, that does not allow law making.

    Educate yourself or suffer...

    I sent u a PM



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  • saurav_4096
    06-16 10:00 PM
    How does AC21 will come into play when a person files I-485 with the letter from employer that employment will be availabe once green card is issued.


    Does person has to join the employer after green card is issued ? As Green card will be availabe only after 180 days of filing.



    Gurus, if someone knows such please reply.

    Thanks
    Saurav





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  • desi3933
    07-06 11:53 AM
    This is a very basic question and I need answer on this as early as possible and guidance from you.

    I came to this country in Dec 2001 on H1B Visa.

    I never applied for green card since then.

    Now on Dec1,2007 my H1B expires so I will have to go back to China.

    If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?

    Am I even eligible to do so?

    Can I go to Canada and still work in USA (Since I live close to canadian border)?

    If you have gone for out of US vacations etc, you can claim "absence time" to extend H1 beyond Dec 2007. For example, if total time outside US is 3 months then you can extend H1 until Mar 1st 2008.

    This gives little more time to get I-140 approved and file for 3 year H1 extension based on approved I-140.


    ______________________
    Not a legal advice.



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  • fromnaija
    03-18 05:11 PM
    I Have my EAD card but my spouse was in India when i applied for EAD. That mean she doesn't have EAD card rite now.

    Can she get EAD or SSN?

    Pls help.....


    Unless you submitted I-485 for her she cannot apply for EAD. If you did submit I-485, yes you can apply EAD for her now by submitting form I-765.





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  • Leo07
    07-21 10:02 AM
    Taking the emotional quotient and any other 'angles' out of the issue. Fragomen is correct and so is your manager.

    If it comes to that, it's not worth the risk for you, your manager and your company to do anything other than what's suggested by your attorney.(Fragomen)

    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.





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  • PD_Dec2002
    08-08 07:53 PM
    My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

    My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

    In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible

    You can go to school again though it might not be practical. Or go back to your country and ask the employer to sponsor your H-1B so you can reenter in October 2008.

    Also, check with other lawyers.

    Thanks,
    Jayant





    tertip
    03-11 04:02 PM
    The answer to that question would be "no". Would the IO be satisfied with the job description of the new job? Would he ask if I filed AC21? I don't want to sound paranoid, but it would be great if there was anyone on these forums that was in a similar situation and was asked that question...





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