Wednesday, June 29, 2011

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  • Gator
    02-26 05:00 PM
    Hi-

    I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.

    I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
    I-485 : $395.00
    I-765 : $180.00
    I-131: $170.00

    Can someone please advice if I need to include the fee for AP and EAD renewal.

    Thanks




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  • 485user
    11-19 10:14 AM
    Hi,


    I need small help, how did you re-file? do you have checklist or procedure kind of stuff. So that i will talk to new lawyer with all these info.

    Please reply back.


    Thanks
    your friend




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  • kamand
    01-04 11:41 PM
    Hi,

    I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.

    Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?

    Please share your experience on this. Any advice will be greatly appreciated.

    Thanks.




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  • guchi472000
    11-22 02:35 PM
    Thank you very much for your response.



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  • GreenCardLegion
    04-20 12:28 AM
    You can use your eb3 EAD.

    But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.




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  • kghoshal
    12-31 05:28 PM
    Consult attorney Murthy with new memo, she may help you. It is my personal opinion.



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  • prasadn
    02-04 05:04 PM
    Since you were out of the country for more than a year on your previous H1 and subsequently you came to US on a H-4 visa, if you apply for H-1 now, you start afresh. You cannot "transfer" your old H-1 AFAIK, please check with other gurus on this forum.
    Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.

    Hope this helps.


    Hi,

    I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.

    Currently I am on H4. And there is a gap in employment since March 2009.
    I have got an offer now and employer will take care of my H1.

    I need to know what is the process of H4 to H1 in this case.? Can anybody help me
    How much time does this change of status takes place?
    The H1 now will be valid for how much time?
    Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
    Is it not recommended to move out of the country till status is changed from H4 to H1.

    Please somebody reply. Its urgent!

    Thanks in advance
    Pooja




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  • willgetgc2005
    09-14 07:13 PM
    Hi,

    My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.

    However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.


    Thanks



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  • jaamop
    04-23 07:52 AM
    i'm finishing work on friday and i still havn't got a new job. I'm a really shy person and i hate the thought




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  • sampath
    04-17 09:21 AM
    www.immigration-law.com

    04/17/2006: CIS Ombudsman Recommends USCIS Director to Issue Multiple-Year EAD

    USCIS has already enacted a regulation that allows the Service Centers to issue multiple-year EAD. However, this regulation has not been implemented by the USCIS because of its impact on the USCIS revenue. The Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads and that if impact on the revenue was the hangup for the failure to implement the published regulation which is a binding rule, the USCIS might consider raising the EAD application filing fees. Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. For instance, the February 2006 monthly immigration statistical report indicates that the total receipts of entire applications and petitions numbered 409,893, out of which EAD applications numbered 100,051, during one month in January 2006. It means one-fourth of total immigrantion benefits applications and petitions were taken by the EAD applications! This reporter strongly and without any reservations supports the Ombudsman's recommendation and justification! This reporter urges Dr. Gonzalez to implement the regulation as soon as possible.
    The CIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD. Again, we strongly support this recommendation as well. For the memorandum of the Ombdudsman addressed to the Director of USCIS, please click here.



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  • impala
    09-18 01:27 PM
    god,,,this betrayel is killing me,,,,,can't able to digest this news,,,,


    my dates are NOT current also ...


    any advise?...




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  • clockwork
    09-19 07:19 PM
    is it for Sub-Labour ?
    No.
    Category ?
    EB3

    and NO-RFE direct denial.



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  • virald
    08-21 05:43 PM
    Today TSC processed only 863 cases:
    src0725250000 - src0725250863
    :confused:

    How do you find this?




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  • (Nancy Stone / Chicago Tribune


  • kondur_007
    08-18 09:58 AM
    Here is my opinion:

    I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.

    First of all, I dont think this is a major deal. You can do one of the two things:

    1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).

    2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.

    I would personally go with option 1 if the nearby international airport is not too far.

    In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.

    Hope this helps. Good luck.



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  • synergy
    01-29 11:29 PM
    I am on H1B for the past 8 years. EB3 2003 Jan /140 approved long back. Has a valid EAD but never used. I recently changed my employer and the new employer did H1B transfer rather than using EAD.The company lawyer submitted an AC21 application along with the H1b transfer. Due to some family reasons ,the new job seems to be not going to work for me. Is it possible for me to find another job and work under my EAD ? What will happen my new empoyer cancel my H1B ?How many times I can use AC21? Is there a time difference before using the AC21 ?




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  • number30
    04-25 08:26 PM
    Thanks a lot for the quick reply!

    Will Advance Parole be valid until she comes back? Technically you cannot take her Green card and give it to her outside US.



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  • sankap
    07-25 03:34 PM
    She definitely would have issues if plan to travel in TN visa. TN visa is not supposed to have any immigration intent.

    The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.

    -Morchu

    I agree w/ Morch: TN, unlike H1B, is not a dual-intent visa. Change to EAD/AP.




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  • wandmaker
    07-01 07:41 AM
    We got H-1B 7th year extension approved (through Premium processing) at CSC on 06/12/2008. The extension of stay was also approved. We received the I-797C (courtesy copy) and travelled to India with it (along with all the relevant documentation for the H-1B visa stamping) at Chennai. We now realize that we need to I-797A and for some reason the company's legal dept did not receive this yet. The legal dept usually receives both I-797A and I-797C. The chennai consulate does not accept I-797C for stamping.

    What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.

    Thanks. MP70

    I-824 processing is heavily backlogged both in VSC and CSC - I guess, there is no PP or expedite option available for duplicate notices. Did you have valid and unexpired H1B stamp on your passport when you left US?




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  • rb54321
    07-27 08:41 AM
    Hi,
    I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will

    Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.

    Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!




    gc_rip
    10-12 02:41 PM
    Is this movement have any relation to prove or disprove that the FOIA data is correct?
    Any analysis on it.

    Thanks!




    ganguteli
    04-08 01:06 PM
    I just noticed on USCIS website that all 4 of our family's I-485 (myself, wife, 2 children) have new LUD of 4/1/2009.

    The message still says "case received and pending" on all cases.

    I wonder what it means?

    Thanks.

    Congrats. It means someone touched your file. Please update the LUD date in the IV tracker



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