Tuesday, June 7, 2011

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  • pune_guy
    06-06 01:11 PM
    For H4:

    USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.

    485 receipt is proof of AOS

    So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.

    SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?





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  • bijualex29
    07-31 05:57 PM
    2nd July, Nebraska





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  • arunkotte
    07-18 05:51 PM
    Called again to find the same response of Denied.

    The attorney's office is trying to get in touch with USCIS and find more info.

    Meanwhile, planning to use InfoPass to meet with IO.

    Why notice to deny was not sent to me is puzzling me. No RFE's.

    I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).


    Make sure you save a copy of status showing pending today.





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  • aroranuj
    06-27 11:23 AM
    Has anyone done a FOIA before for an I-140 receipt notice? Where do I file? Does it in anyway makes USCIS reveiw my case more than it should?



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  • Berkeleybee
    03-27 05:39 PM
    Virtual,

    That is exactly what we are doing. The memo didn't just miraculously appear at BIB Daily.:) I emailed him, others got in touch with Matthew Oh etc.

    best,
    Berkeleybee





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  • CADude
    02-28 10:14 PM
    YES based on RD.


    "ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...



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  • skd
    08-15 10:47 AM
    Don't Worry, I have been there 3 Times. Since I my start of GC process with the currents company, It has been acquired 3 times , So I am pro in that situation :)

    Here is my situation:

    My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.

    Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.

    Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).

    Questions:
    1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
    2. Can i join with company 'C' by invoking AC21?

    Please share your thoughts and experiences.





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  • gccovet
    11-24 01:24 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    bnk96,
    Sorry to hear that, could you please PM pd_recapturing?
    Thank you.

    GCCovet



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  • add78
    02-18 04:07 PM
    Should it not be OK to work for an Indian company (work from home - remote office)
    as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.

    Thanks,
    Krishna

    No. When you are residing in USA in H4 status, you simply CANNOT work and get paid, regardless of who the employer is (even if outside of USA) or where your "earned income" is being deposited (even if outside of USA) or in which currency your "earned income" is (even if non US dollar) or how you are working that is providing you with "earned income" (even remote office or home office that does not displace american worker)
    In short - No.





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  • iptel
    11-17 04:41 PM
    Guys.. It has to pass through the house still..
    It already passed house. No new Bill is discussed in Lame Duck Sesion.



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  • carbon
    05-31 01:27 AM
    How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??





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  • ragz4u
    05-15 05:33 AM
    Credit goes to Learning01 for initiating contact with Bloomberg and helping us with this

    http://www.bloomberg.com/apps/news?pid=10000103&sid=aZM1MDJr4Bio&refer=us



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  • BeCoolGuy
    04-16 09:46 AM
    EAD/AP is personal choice. Employer can only govern what he has under his control - which is LC and I-140. He cannot chose to not allow EAD or AP, and you are not obliged to inform him. Good employers sponsor everything and the rest dont. But legally (i am not a lawyer though), they cannot do anything with you if you apply for EAD and keep it as a backup. Yes, if you chose to use your EAD to do extra work in addition to your employer's it may come against company policy. But if you intend to just keep it as a backup, there is nothing wrong..

    Go to USCIS efile website and file it on your own (EAD and AP).

    Gudluck





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  • stones
    06-30 05:46 PM
    My OPT was ended on Dec 6th, 2008, I am a Ph.D graduate.

    I got H1B approved (Company A - Technology Company - not software)from Oct 1st 2008 to august 1st 2011

    I lost my job in September, 2008 and I moved to company B (Software), USCIS received my application at the end of October, 2008. It is still under process.

    Recently in June, I moved to another job (Company C - non profit and very good institute). Now USCIS is aksing (I have time to provide this until July 20th) for paystubs in October to check my valid stay in US, which I do not have, I only had OPT Card and I20.

    What is my Option now? Do they approve or ask me to go back to India and get stamped right away? or If they deny it now, what should I do? Please help me out. I paid $230 to sheila murthy before I got this job, she said they would either they approve, or they would ask me to get stamped by going India. Please help me out,

    Thank You



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  • gveerab
    07-30 01:07 AM
    Thanks a lot





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  • meridiani.planum
    11-04 02:41 AM
    inline...

    I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.

    yes. Since your job profile seems to meet EB2 requirements and you qualify, you can file under EB2. She will be a dependent in this case, her qualifications dont really matter, the petition is based on your job and qualifications.

    2.)Would she need to be physically here in USA for filing i 485.

    for filing an adjustment of status, which is what you typically want, yes.

    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?

    no. a GC through marriage is conditional, yours is through employment, so its not.

    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.

    always possible, its the law, its not upto the discretion of the USCIS

    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.

    no. Yours is an EB(employment based) case, you are confusing this with getting a GC through marriage to a US citizen. In that scenario people face a rigorous and indeed sometimes humiliating experience simply because USCIS does not know whether you are marrying only for the GC. (Mail-order bride - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Mail-order_bride))

    6.)Does she also have to do MS to use cross chargeability and file in EB-2

    Nope, her qualifications dont matter. Think if this as a team effort: your qualifications take care of the EB2 part of things and her country of birth defines the priority date



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  • sriniks
    12-07 06:01 PM
    For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.

    For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.

    Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?

    I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.

    thanks!
    srini





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  • kirupa
    08-18 11:48 PM
    If you are lazy (like I am right now), you could just create an owl smiley and have the tag name by "O' RLY"! That way you won't have to fret about getting the owl's expression just right in the tiny < 20 pixel per side area!





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  • Googler
    02-08 02:50 PM
    http://www.ilw.com/immigdaily/news/2008,0208-namecheck.pdf

    Rama, you are a bit late to the party -- the first post in this thread is a follow up to a post in a whole thread on the new name check policy -- see
    http://immigrationvoice.org/forum/showthread.php?t=17146





    vdlrao
    11-11 11:38 AM
    But No Assurance is there on this So far.





    gnrajagopal
    08-19 12:35 AM
    what do you want? President Bush to come home and welcome you with hugs and kisses? A ticker tape parade? A band? 45 skimpily clad, extremely beautiful cheerleaders dancing and singing: "he got a G, he got a C, he got a GC!"?

    you got an approval notice, you are through. enjoy man. :cool:

    That was hilarious.....:D:D:D



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