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  • overseas
    08-23 07:14 PM
    Hi Andhrawala,

    I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.

    In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.

    As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.

    I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)





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  • krishnam70
    11-20 04:26 PM
    1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.

    Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE

    Extract from the instructions of I 131 form
    If you travel before the advance parole document is issued, your application will be deemed abandoned if:
    A. You depart from the United States; or
    B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.


    - good luck
    kris





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  • chanduv23
    09-15 04:22 PM
    Bump





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  • amalshe
    12-09 06:13 PM
    PhD in Business from an accredited US institution; currently working as Asst Prof.



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  • days_go_by
    08-18 12:53 PM
    Another proof of their incompetence, they are solving the wrong problem.





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  • GCeffect
    10-10 03:10 PM
    My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?

    When should i have to renew my AP?

    How long does it going to take?

    Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?

    When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?

    Your answer is always appreciated

    Thanks Ahead



    EB3...ROW
    PD May 2006



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  • SunnySurya
    08-15 12:59 PM
    I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
    ************************
    Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.

    If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.

    The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
    Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
    I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.

    Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
    ***********************************





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  • abc1125
    06-13 03:31 AM
    for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.



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  • deafTunes123
    06-14 07:43 PM
    Income earned thru rent is considered as Un-Earned Income. All the un-earned income (i.e. that you get by not working) is not subject to social security taxes. But any income earned(working or stocks gain, house rent etc.,) is always considered as Income. Income( i.e. Earned or Un-earned) is always subject to tax as per IRS.

    So many people who work for themselves (home based company owners) will write check themselves(company name to personal). So that when filing taxes, company taxes are tax deductible) and self income taxes are not subject to social security and Medicare taxes which is a good amount to save.

    My 2 cents. This is best according to my knowledge. Consult a tax professional for accurate info.





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  • Kodi
    07-14 12:28 PM
    I was looking at the discription but couldn't figure it out. Which category does parents fall into? Does anyone know hot long it takes for parents to receive GC under ROW?



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  • mnq1979
    08-13 03:08 PM
    Guys!!!!

    Pls. for heaven sake relax...wats wrong with u all.....from past 1 week i m reading this kinds of thread that WE DIDNT GET OUR RECEIPTS....why are u indulging ur selves in supersticious thoughts....jst relax, wait and see....i myself have filled my I-485 in July....and have spoken to my lawyer abt
    refilling to which he said NO right away and tell u wat HE WAS FIRM with it....he said to be little patient.....dont jst think NEGATIVE.....THINK POSITIVE
    also....my msg to every one is JUST RELAX....and PRAY....:)





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  • gcfriend65
    12-06 09:27 AM
    I have my I-140 waiting at NSC from May 01, 2006. On Dec. 05, 2006, I-140 processing time shows as June 01, 2006. Since, it was more than 30 days, my employer called the National Service Center number and they opened a service request and told me to wait 45 days. My lawyer says that USCIS takes 45 days at a minimum to reply, but normally it is 90 days.

    Is there anyone out there, who know how to track this service requests or have any experiences with them.



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  • ultimate_champ
    11-27 09:49 AM
    Thanks all. Appreciate it.

    I'll keep you updated what happens next.





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  • ramaonline
    12-28 07:23 PM
    Note that u can only have passive investments (something like investing in stocks) while u are on H1B - Actively working for your business is not allowed.



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  • gc_check
    04-29 11:49 AM
    I attached notarized copy of birth certificate, but not to passport as we are also sending the original.





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  • msyedy
    01-10 02:06 PM
    Hey BacktoSchool

    If you have EB3 2002 labor approved( I have not seen that in your post) now.
    If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
    Get I-140 of both EB3 and EB2 labor approved via premium.
    USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.

    Think on this, ask your employer and lawyer, couple of my friends are doing this.

    In max six months time you will be eligible for I-485



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  • admin
    06-02 07:01 AM
    My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.

    Does USCIS have any requirements for validity dates for passport when application for H1B is sent?

    I think USCIS will allow you to file for her H-1. BTW the H-1 quota is over for FY2007 - http://immigrationvoice.org/forum/showthread.php?t=1039

    However if your wife has a Masters degree from the US she might still be able to apply.





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  • immique
    06-30 12:45 PM
    I am sure many of you don't know about TANA organization ( www.tana.org ). TANA is held every 2 years in one of the major cities in US, and for 2009 TANA is scheduled to happen in Chicago.

    "TANA IS GOING TO CELEBRATE 2009 CONFERENCE IN CHICAGO AT DONALD E STEPHENS CONVENTION CENTER, ROSEMONT FROM JULY 02, 2009 TO JULY 04, 2009. "

    They usually get around 12,000 to 15,000 guest of Telugu speaking people. The point i would like to make is to increase the exposure of to IV, we need to put up a booth in TANA 2009. I have attended TANA organization committee meeting on Sunday, 29 2008 and have spoken to them about IV. TANA has several stage shows, booth for business , food stalls and much more. TANA Chicago org will be needing some help( not sure what at this time ). but if we can help them so that they give us some exposure in the TANA 2009. it will be really great.

    Secondly, we can have our own booth which will cost some money we can get lot of publicity.

    This is just a idea and a i think it is a win-win for both of us. Let me know what you guys think.

    I have heard great things about TANA. I am not a member of TANA, but would love to be one. Coordination between TANA like Organizations and IV would be a great opportunity for both Organizations as they can help each other in many ways.





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  • babu123
    04-11 07:42 PM
    If you got your labor approved and if you apply I-140 before December, you are eligible to get extension for 1 year.
    If you got your labor approved and if your I-140 is approved before December, you will be eligible to get extension for 3 years.
    So hurry up and Good Luck.





    vivaforever
    08-10 10:47 PM
    In





    jasmin45
    07-16 08:58 PM
    Interesting to know this.. but it could be just the person whom you talked to.. did not mean to play down your enthu.. its just my thought as USCIS/NSC cannot afford to have another round of communication issues over the mess that they have presented us with "effective" communication between DOS/USCIS on June 13th and July 2nd.



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  • amitjoey
    07-20 01:43 PM
    We're in a unique situation. My wife and I married in India and didn't register our marriage; we're now citizens of country X. To get our marriage (and birth) certificate, we went to the local Indian consulate, which provides these services. But we were told that, since we're no longer Indian citizens, we should go to X's consulate. Is there a way we can get the certificates? How about registering our marriage in the US?

    For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through . Is there a quicker solution?

    Just register your marriage here in the USA.





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  • kpchal2
    03-17 10:34 PM
    HI
    I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation

    company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.

    Changed company to Company B in May 2006.

    Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.

    Changed company to Company C in Jan 2007.

    Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.

    I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.

    Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.

    Thanks





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  • harikris
    05-20 08:09 PM
    President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)

    After a long period, this piece of news is most welcome. This is precisely what we need - people that really matter are going to take up this issue. Hopefully, they reach some logical conclusion on legal immigrant petitions. All we can do from outside is to influence their discussions/debates by making our views heard.





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  • nixone
    05-10 09:58 PM
    I would like to know the answer too, but my research tells me that only in few cases, you can use I-140 premium processing. In my case, I am not able to use it as my H1B started on Oct 07 (it is not expiring anytime soon).

    More can be found here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD



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  • santb1975
    05-17 02:55 PM
    Hello,Our organization is limited to issues with employment based immigration. your friends case seems like a Family based Case and we do not have the right people to help you with your friends situation.

    IV'ans - Please refrain from any suggestions towards this





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    02-24 11:11 AM
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  • Cloakendagger
    06-15 12:36 PM
    Also you could shoot up the small band market. Thats how I got started. I was managing bands then they asked me to build their websites. Go to a local club or venue on local band night and hand out your card.
    The nice thing about bands is that are willing to push the limites on what one can do with flash and webdesign in general.
    Cloak





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  • totalvisa
    04-25 08:39 PM
    Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

    After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

    If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?



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  • chanduv23
    10-29 07:24 PM
    The meeting was very well organized. Q&A session with Attorney Prashanti Reddy was very useful. Here are my suggestions:
    a) We can have these conferences every two months or whenever core thinks so.
    b) I think we should stick to immigration.
    c) Earlier 'Invite a friend/Add a member' campaigns were very successful as compared to flyer/poster campaign.

    Thanks for coming with your wife - this is the third meet and you both came for all the meets.

    Excellent input - we must do more of these. We are expanding now and getting support so I think we are in a position to do more stuff.

    Flyers and posters also play a crucial role as a first step to a lot of people.





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  • nonimmi
    07-02 10:02 AM
    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.

    Did you ask your parents whether you were born logal??
    Some of have that doubt. Can you clarify please?



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  • voldemar
    12-31 02:30 PM
    If your wife wants to work, then, of course, both of you have to be on EAD.That's not correct. Primary applicant could be on H1 and dependent use EAD. When dependent starts using EAD it doesn't affect primary applicant.





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  • sargon
    09-29 06:58 PM
    USCIS has updated the processing dates pages of all the four service centers on September 28. Now the pages say that these dates are valid as of July 31, 2008 only.

    If I remember well the processing dates information was more up-to-date earlier.

    So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.

    What can we deduce from this? Is it good? Is it bad? Or no relevance?

    It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.

    Simply more confusion, as if as it is we were not confused enough.



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  • hpandey
    08-05 11:19 AM
    I received a "Card Production Ordered" email from USCIS couple of days back. Waiting for the actual cards.

    Did you had to go for an interview or another fingerprinting before you got the welcome email ?





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  • RNGC
    07-05 12:17 PM
    Guys,
    I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .

    When ?

    First Saturday of November ? This way we do not disturb people's summer time vacations.

    How does this help ?

    First, it will help to meet State members face to face.

    We can invite distinguished people to our meeting to give a speech, so we get press coverage.

    We can decide our next steps.

    Basically we can do a lot.

    We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.

    Every one please share your thoughts as what we can do in this annual meet.



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  • Berkeleybee
    04-26 12:01 PM
    All,

    I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.

    As I said in the main thread (http://immigrationvoice.org/forum/showpost.php?p=9780&postcount=33) it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.

    Thank you to them and every member who does his or her part in big and small ways.

    best,
    Berkeleybee





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  • gc_chahiye
    08-14 06:18 PM
    Hi,

    Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.

    Regards
    ZooZee

    yes EAD and AP can be filed even if your PD is not current. In fact unless the Sept 18th rally works, we'll all be filing EADs and APs every year for a LONG time waiting for our PD to become current,.



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  • extofu
    03-07 09:02 AM
    Here is my situation

    Studied in US on F1 and directly started working for company A from 2002. Got a H1 stamp when out of country in 2003.
    Since then moved to company B (in 2005) and H1 visa is now on the second three year term (valid till 2008) . Am on the verge of moving to company C. Will be out of the country all of april and had a few questions

    1) Do I need to have stamp on my passport when I switch between F1 and H1only or do I need the stamp even if I have switched firms since the last time I got my passport stamped

    2) What happens if I get the stamp say on H1 on 1st April (while on payroll of company B), quit company B (while outside US) and join company C and then return to US in last week of April without getting another stamp. Will I face any issues when reentering USA (given that the stamp is for company B even though I don't work for it anymore) or do I need the accurate stamp when coming to USA?

    Your help will be deeply appreciated

    Thanks





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  • msekhargc
    06-21 11:41 AM
    Thanks for your response

    As per my employer adv :

    Required degree : Masters degree in Engineering or related field (no experience)

    The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.





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  • desi3933
    07-05 03:30 PM
    There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine

    Incorrect.

    This is for I-485 filing only and it is
    out of status days should be < 180 days since the last entry into USA


    ___________________
    Not a legal advice.





    vikki76
    01-15 10:36 AM
    Hello All,
    My friend's father wants to apply for B-1 visa for tourism purpose. He is a senior retired defence personnel in India and now having successful post-retirement career as a education consultant. Will his Army background prove to be a detriment to his B-1 visa application?
    DS-157 specifically asks for prior military training and knowledge of handling of firearms. All answers are affirmative in his case.
    Does any one know if some one with this profile was able to get B-1/2 visitor visa





    aniraj
    07-31 11:42 PM
    I-485 pending with PD June 07 & valid EAD
    Is it possible to apply for FAFSA for student aid as they require Green Card or US citizenship?
    I see on FAFSA website one catagory as eligible non-citizens which includes applicants with I-94 & with atleast 1 yr parole validity.
    Is this the same parole as I-131?



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