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  • kondur_007
    09-22 03:09 PM
    Hello IVans,

    According to Attorney Murthy on June 27, 2008,
    "It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
    http://www.murthy.com/news/n_pp4140.html

    I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.

    Does anyone feel the same? any thoughts?

    I did not believe it at that time (July). However, looking at the flow of approvals from even NSC (they processed my case filed in April 2008); I now believe that I 140 premium processing will resume soon (in next couple of months).

    I am not sure how will they phase it in; may be first for all new filings and/or for people with current PD and then more widespread (hopefully based on PD).

    TSC has been processing 2008 cases since past 3 months and NSC is doing so for at least a month now (they seem to have processed July/Aug cases for the past 10 months). Also, the first couple of quarters will be slow as far as I 485 processing goes...so they can probably concetrate on I 140s and resume flow of MONEY :p





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  • rolrblade
    07-26 06:53 AM
    HI
    What are the documents required for EAD application assuming that I-485 application is already filed?
    At the time of applying for I-485, I didnot intend to apply for EAD.But after seeing a lot of application applied during July 2007, I realised that it may take years to get the Green card.So it is better to have a EAD in case if something happens to my job in the meantime.

    Thanks

    Bibs:
    To apply for EAD you need the following documents

    1. I-131 EAD Application document
    2. Copy of I-485 receipt notice
    3. 2 colored passport pictures - recent
    4. Cashiers cheque as stated in the form.

    Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.





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  • gc_check
    06-26 04:20 PM
    Please take the above poll.

    In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.

    Depends on the employed company's policy and the agreement given to you initially with this regards. My company policy is they will cover all expenses/fees related to Green Card, except for I-131 for employee. This has to be taken care by employee themselves. For dependents they will NOT cover any expenses/fees and we have to pay, but they will do the paper work and will file for you. We have to just pay the appropriate fees. Also we do not have external law firm doing the paper work, the company has its own legal department with immigration attorney's who does the paper work.





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  • realizeit
    10-19 02:21 PM
    Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

    My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

    Best,

    If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.

    You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.

    You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.

    Talk to your HR regarding the different options.



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  • a_yaja
    07-17 10:31 AM
    To the best of my knowledge you can not file for AOS while you are on TN . To process your green card you have to switch to your H1B from TN and start your green card as any other national i.e file for your Labor certification, I-140 and then i-485 .This process is same like any other national. All the best.
    You can file for AOS from any status. The only problem will be that you cannot renew your non-immigrant visa unless it is a dual intent visa like H1B, L or O.

    Since you are a Canadian citizen, I am assuming that you don't actually have to get a H1 visa stamped on your passport (I may be wrong - check with your attorney). When you enter the US, you should be able to show all your documents for H1B approval (LCA application, approved petition, etc - I don't remember the entire list) and get an I-94 with H1B status and expiry date.

    As far as AOS petition is concerned, I think it is considered adandoned unless you are on a valid H1 or L status. Since you are on TN status and you will be leaving the country on TN status, your application might be considered adandoned. You will have to talk to an attorney and find out if you can travel out of the country.





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  • whoever
    01-22 12:24 PM
    like the url of the site you read it at? I am wondering when those numbers were published -- i mean which year they were published? was there any mention of how many applications are still pending at bec?



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  • americandesi
    03-13 05:34 PM
    This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.

    Here is an example with company X which has ability pay for up to 50 employees at any point.

    X applies 30 I-140s in 2005 [less than 50]
    X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
    X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.

    One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.

    Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.

    This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.

    Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.





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  • h1bq
    02-08 12:37 AM
    Hi there,
    In my research I came across L1 visas. I am aware of the qualifications required for L1A. My question is does this visa usually get a Green card in 6 months or so ? Somebody told me these are current and the GC process is less than 6 months ?

    Anyone with personal experience or knowledge do elaborate

    Cheers
    H1BQ



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  • IVLageRaho
    09-23 04:40 PM
    Hello,
    We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.

    The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.

    I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.

    Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?

    Thanks for your help.

    I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.

    on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.

    on the same day I type a covering letter in think blue color paper - mentioning .

    ATTN: CRU Supervisor - Case Improperly Rejected for Fees.

    And I explained in the covering letter the amount of the fees paid and the date the case was received.

    When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.

    I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.

    Best of luck

    See the question number three answer by murthy -
    http://www.murthy.com/news/n_faqrec.html





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  • tennisanyone
    07-16 02:18 PM
    PD: Oct 2003
    Cat : EB3
    140 : Approved June 2005
    485 : Applied April 2004 : Pending
    EAD : Approved June 2004
    AP : Approved June 2004
    FP 1 : June 2004
    FP 2 : March 2007

    How is it possible to file for 485 before you 140 was aproved? Are those dates in order?



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  • senthil1
    04-21 10:11 AM
    No bill was introduced in Senate. Where is the question of voting? If anti immigrants some how make waste these 2 weeks of time in Senate then there will not be enough time to discuss. Now 60% chance. If no bill is introduced in Senate before end of may it will come down to 40%.

    I believe it was House committee hearing http://judiciary.house.gov/oversight.aspx?ID=299





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  • immiguy
    07-18 04:06 PM
    ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).

    Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.



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  • tonyHK12
    10-16 10:15 AM
    what is the cost for premium processing

    $1000





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  • 11785181
    10-26 10:48 PM
    I got my EAD and AP but no sign of fingerprinting. My wife has also not got her EAD. It is past 90 days now. Please anyone advise. Called the USCIS and someone just read from the website that EAD is pending.
    No sign of fingerprinting yet. Anyone please guide. Thanks



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  • Ramba
    04-09 06:08 PM
    Here is my situation:

    I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??

    Please advise. Thank you in advance.

    You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.

    However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.





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  • Redeye
    04-09 03:05 PM
    First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.

    I have I-140 approved with more than 180 days with I-485 pending.
    I still have valid H1.
    Can someone be with their sponsoring employer on H1 and start business on EAD part time.



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  • sriteam
    07-06 12:02 PM
    Taking a cue from above........

    Why did Washington Post not cover a very important issue that effects Legal Immigrants when DOS & USCIS Slammed their Doors ,on July 2 2007, in an unprecedented/unlawful manner that resulted in millions of dollars wasted and dreams shattered of lawfully present Highly Skilled Immigrants.

    Links for further research below

    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
    http://www.nytimes.com/2007/07/06/us/06visa.html?hp
    http://online.wsj.com/article/SB118359095890657571.html?mod=googlenews_wsj
    http://news.yahoo.com/s/ap/20070703/ap_on_go_ca_st_pe/immigration_green_cards
    http://www.nytimes.com/2007/07/04/us/04visas.html?ex=1341201600&en=fbf9eb2e25eac42e&ei=5124&partner=digg&exprod=digg


    Thanks





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  • binadh
    07-05 10:20 AM
    Hey Gurus,

    What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.

    What do you guys think about that? Thanks.





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  • gc_in_30_yrs
    01-22 06:59 PM
    "thank you" looks a small word but it is the only word i have to convey my thanks.

    fighters wont stop fighting until they win.
    we are fighters.





    lskreddy
    08-14 02:18 PM
    I am planning to do that early next year when I go up there for a six week vacation. Thanks for that feedback.





    jayZinDC
    05-30 02:38 PM
    it happened to me, I just checked online with rx # to see if everything was ok and it did in 24 hrs.



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