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  • guygeek007
    07-25 01:00 PM
    ^^^^^^^^^




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  • GCFever007
    07-19 10:04 AM
    I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.


    You can file spouse 485 later but not always
    --------------------------------------------------------------------------------

    Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.

    EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
    My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
    We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that

    Key:
    1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
    2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
    3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
    4. Follow visa bulletin as soon as dates are current get medical test completed
    5. File her 485 (Make sure USCIS receives it after the dates become current)
    (If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
    6. What if you are married before GC approval but get approved before her 485 is filed
    1. Spouse out of USA
    No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
    2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
    File 485 as a derivative no special processing
    3. Spouse in USA as your dependent ( i.e. H4 etc.)
    he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.


    Please talk to a reputed lawyer before doing any thing.




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  • Sath thesmilingstar
    02-24 05:09 PM
    Yes.. u can apply for FAFSA.. U do qualify. U can either PM me or Call them directly. They are very helpful.

    Good Luck..
    RV..

    "AP is Advance Parole" to enter US.

    yes i did call them and they were asking me for a social security number which i donot have so how do i deal with this.




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  • dentist1
    03-09 01:07 PM
    Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.

    I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.

    Now I need to know what are the things that I can do.
    1. Do I need to file PERM, I140 again on EB2?
    2. Do I need to file for H1 again and complete the entire process?
    3. What is and how to do EB3 to EB2 porting? is that all I need to do?

    Please give me some advice. Thanks in advance.

    KM

    What is so urgent about this post.Please change the title.



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  • gparr
    March 15th, 2004, 11:10 AM
    Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
    Gary




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  • ARUNRAMANATHAN
    06-11 03:05 PM
    Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...

    That is from 2007 to 2010 ....Thanks

    3 year H1 extension from date of application (for example: June 2007 to June 2010).

    If you move to Company B, you need to restart GC (i.e. new LC and new 140). One can port PD from old 140 to new I-140, however there is a risk involved if the previous I-140 is revoked or canceled.

    --------------------------------------------------------------------
    Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.



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  • logiclife
    10-17 03:00 PM
    Hi,
    I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.

    Krishna.

    Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.

    However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.




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  • ryan
    02-03 05:33 PM
    Hi Ryan,

    Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.

    Appreciate your help!

    Thank you

    The lawyers had the Ozzie degree, as well as the US CPA evaluated via an accredited foreign degree evaluator. This was back in the summer of �06. Again, invest a few extra $$ and hire a good lawyer. They can best explain the process / prerequisites to you.



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  • smartboy75
    09-26 07:32 PM
    Hi All

    Please read the below article...finally someone is talking about law abiding immigrants hardships...

    Hope the CNN's, the Lou Dobb's read this and present the truth to the american people...

    Encourage everyone to read it...

    http://blogs.usatoday.com/oped/2007/09/one-familys-nig.html




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  • akred
    03-26 08:30 PM
    Remember, all immigrants no matter where they came from, are ultimately legal immigrants once they pass through the system.



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  • new2gc
    08-13 01:42 PM
    Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .

    Poor guys... they can give away $7.5 Billion to some country as Aid, but cannot secure their own borders without increasing burden on H1/L1 Visas for $0.6 Billion(not even 10% in comparison ) ....what a pity.... :mad:
    This is pure B.S. politics....




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  • tnite
    09-30 02:58 PM
    If you dont mind, can you please elaborate little bit more on this?

    I worked on-campus and I did put that info on the g325 form. The AO wanted me to send any or all work authorizations, H1B etc for the period they had mentioned. I had to send my I20, OPT EAD explaining them that I worked on campus as an F1 International student.

    I think putting in oncampus jobs really messes it up and they end up issuing a RFE thinking its illegal employment.



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  • alterego
    05-07 07:17 PM
    How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
    I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
    Your responses will be really appreciated.ASAP

    A few question pop to mind here.

    1) Has your 140 been approved?

    2) How easy/difficult is it to get another job in a same/similar job in a reasonable time frame.

    3) When is your EAD valid until?

    4) Have you had a good relationship with your previous employer and will he leave the 140 untouched.

    Here is what I see. H1b cancellation is a red flag for an astute officer. He/she might send you an RFE on your 485 if he/she wishes, you will then need to show present or future job offer pay stubs/offer letter.
    If your 140 is not approved, you might need to consider aggressively getting into another job and restarting your application.
    If you can find a same/similar job offer within a reasonable time frame, that being a time frame before you either get an RFE or your case is being adjudicated, then you are within the law.
    EAD renewal times tend to be one of those junctures where the case profile is reviewed and RFEs come your way. Just my personal experience.
    Your 140 being left untouched and your employer willing to help you giving a letter that he has a job for you in the future can quell any nightmare RFE scenario, since EB green card sponsorship is usually for future job offer. Ironically most of us are already gainfully employed................makes you realize how antiquated the EB immigration system really is in this country!


    Good luck. Keep us posted.




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  • theperm
    05-07 01:06 PM
    How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
    I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
    Your responses will be really appreciated.ASAP



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  • ssa
    10-30 12:40 PM
    In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.

    As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.




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  • gonecrazyonh4
    04-25 12:58 PM
    Looks like this rule may not come into effect for fiscal year 2006 ie 30th september 2006. lookat todays immigration-law post.

    Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...



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  • pankajkakkar
    03-01 06:46 PM
    I'd like to join the conference call as well.




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  • purgan
    02-22 10:11 PM
    How the hell can these service centers move processing time backwards? I don't get it. Do they work backwards?




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  • fromnaija
    11-13 01:01 PM
    That, my friend, is the question! It is the risk associated with using AC21 before I-140 approval.

    How do we know that I-140 is "approvable"?




    mhathi
    07-20 09:08 AM
    If you can not locate Indian Student Association (ISA), contact International Student Office; this contact is always available on school web site. Ask them about ISA.

    There are truck loads of Chinese and Indians in Engineering + CS. The word can spread very quickly because everyone has friends in other schools also. They may join for the Q/A part.

    I doubt they will contribute. Graduate Teaching/Research Assistants make 12K-/year. Others make much less money then the tuition they pay; then there are living expenses. Also, they are not effected by EB retrogression. What is the motivation for such a person to pay when majority of 50K+/year persons (in deep shit) are not paying.

    No harm in trying.

    I think apart from ISA, the international office is a much better option since people from all nationalities will be affected by this issue to some degree, some more, some less. We should strive to get students from all nationalities that are affected aware of this problem. If they can't contribute money, they can certainly spend some time in webfax/calling senators and organizing state chapter activities.




    ujjvalkoul
    03-06 11:16 AM
    Mine was at Texas Service Center.
    For EB2INDIA: I filed to get my EAD corrected 3 months ago...no RECEIPT NOTICE yet..


    Did you get a RECEIPT NOTICE or you directly received ur Card after 3 months w/o any receipt notice?



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