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  • meridiani.planum
    11-06 05:01 PM
    Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status.

    incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.

    In that case, H1 will be denied because an H1 application while out of status will lead to denial.

    incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.

    To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).





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  • 485Question
    11-14 03:03 PM
    Dear,

    Please update your signature, so that we will know your dates.

    Thanks





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  • Anders �stberg
    April 10th, 2004, 10:34 AM
    We at "Bird-on-a-Stick" appologize for this and have taken the appropriate quality control measures to insure this does not happen again.

    The price of your meal will be fully refunded.

    Thanks for your patronage...


    (poor bird :( )

    On another note...I can't help but notice how much more attractive the seaguls are in Sweden then here in California


    :D


    Hows the traffic? :D

    Maddening! :p





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  • GC_Optimist
    08-15 03:33 PM
    I received my Receipts now for I-485.Is there any process to expedite AP while filing .(based on family death). I'm applying for it now.



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  • ambals03
    04-29 04:18 PM
    Video - Opinion Journal: The Other Immigrants -- Stuart Anderson on high-skilled foreign workers. - WSJ.com (http://online.wsj.com/video/opinion-journal-the-other-immigrants/2DA1C016-C62B-4CE1-88FE-8F4502C9B9C8.html)





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  • EB3_SEP04
    06-30 10:35 AM
    I have a question regarding where to file my EAD renewal application. I am a July filer NJ resident and my I-485/EAD/AP were sent to Nebraska and got the AP/EAD approved through Nebraska going by my LIN no. As per the (C)(9) rules it says NJ residents should file to Texas service center and somewhere else I read that my EAD renewal application should be sent to the location where my I-485 is getting processed.

    Please share your experiences.

    Thanks

    I sent you a private message with my ph number.



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  • indianabacklog
    01-03 12:43 PM
    Hi All,

    My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.

    But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?

    I have an approved H1b till early 2009 and plan to use same for my travel.

    Any pointers on this one?

    Thanks

    From what you say do you mean your wife now has no current visa status?
    If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.

    If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa





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  • cdeneo
    01-05 03:56 PM
    Hi there,

    I need your advise - have an issue with travel back to the US.

    My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.

    I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.

    Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.

    I would really appreaciate any advise you can provide to my query. Thanks!



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  • GCchakravyuh
    07-17 01:53 AM
    great news.

    new important points:
    1."Also under discussion is whether green cards that have gone unused in previous years could be used this year. As a result, one possible scenario is that the number of high-skilled workers who gain permanent residency in the U.S. this year could swell to more than twice the historical level. "They've got to do something," says one congressional staffer close to the discussions. "

    2."Perhaps the most acute pressure on the Bush Administration is coming from Representative Zoe Lofgren (D-Calif.),...the last thing the Administration wants is for the details of the "bureaucratic, nightmarish snafu" to become public"

    Just hoping that by some miracle tomorrows news is even better than expected.

    BTW its the title of the article which says its all "The Gandhi Protests Pay Off". Please note its not something like "Govt yields under threat of law suits and immigrants protests"

    the celebration of point 1) above gets contradicted by the passimistic fact written at the end of same article : :(
    (((But that idea may face long odds. AILA's Kuck says that current law prohibits green cards from one year to be used in other years. And he thinks there is no appetite in either Congress or the White House for writing new pro-immigration legislation, after the comprehensive immigration reform proposal went down in flames earlier this summer. "I don't think they'd touch the issue with a 10-foot pole," says Kuck. "This issue has become radioactive." )))





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  • Maverick1
    11-08 05:31 PM
    Some where around December after completing Data Entry for all the AOS applications

    Now that they have almost done with the receipts and most of the EAD and APs, they might consider starting the PP early next year.



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  • kshitijnt
    05-05 12:36 AM
    No problem using AP through germany. I travelled in Jan 2009. No issue whatsoever. No one bothered to check any document.





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  • she81
    06-30 01:42 AM
    I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?

    Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.

    Thank you all in advance.

    You can if the requirements are worded in such a way that they could use equivalent education in lieu of experience. you really need to take a look at the text.



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  • saint_2010
    09-17 04:41 PM
    although some of us could not make it to DC...we do acknowledge your's and other members of IV's efforts in making this rally a success in progress....





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  • gneerajg
    07-27 02:03 AM
    Hi,
    I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not

    Neeraj



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  • rajenk
    03-25 06:08 PM
    Try h**p://www.maggio-kattar.com. They are my current employer's immigration attorney and they charged $750 for both mine and my wife's case.





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  • srinivas_o
    08-22 02:18 PM
    Hello guys,

    My I-485 status was showing that a document was mailed on Jul 18th to the address on the file. I have changed address on July 5th online and got notification about that the address is changed. But the document which was send on July 18th I have not received it. I have called USCIS customer service and they are asking me to contact local service center and I could not get the contact number. Does anybody have that number? I called 3 times and they just told that and hung up on me. They are saying we cannot give you any service update. BTW, my case is pending at TSC.

    Thanks in advance.



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  • GCHope2011
    08-07 02:48 PM
    Issued in public interest

    Ever since Department of State (DOS) has issued visa bulletins having significant progression of something, what is known as a priority date in certain categories, COLTS has made a comeback to the immigrant community.

    For the uninitiated, COLTS stands for Compulsive Obsessive LUD Tracking Syndrome. Surprisingly, it is somehow associated with DOS's monthly visa bulletin and often lags the bulletin by 15-20days after the issuance of the same. It's highly contagious. The only antidote to COLTS known to the humankind is CPO, Welcome or other such emails from USCIS. It doesn't go into full remission until a physical GC is to the sufferer's hands. COLTS as a epidemic generally subsides when DOS severely retrogresses what is known as a priority date but raises its ugly head when the same progresses again.

    The symptoms of COLTS is several. The sufferer is often seen logging to the USCIS.GOV site with increasing frequency and making status searches every few minutes. It raises the level of angst when the antidote (as explained earlier) is not received. Sometimes it proves to be a predecessor to other syndromes such as CUPOJMS (Calling USCIS by Prince Of Justice Method Syndrome) , OSRS (Opening Service Request Syndrome), TIAS (Taking Infopass Appointment Syndrome) and CYCS (Contact Your Congressman Syndrome). The good news is, the antidote can correct all these syndromes at once.

    Immigrants from ROW (Rest Of World) seem to be immune from it. But immigrants from highly subscribed countries such as India and China have been found to be particularly susceptible.

    The last time this epidemic was of such ghastly proportions was in 2008 and that time too, it was known to lag the DOS visa bulletin which had significantly progressed the priority dates. Since the connection between the bulletin and the syndrome has already been proved beyond doubt, it's very surprising that DOS has not learnt its lessons and instead of slowly progressing the dates which will desensitize the sufferers, it is still progressing or retrogressing the dates by months, sometime by years.

    Your truly has the fast hand experience of suffering from the syndrome. Being abused and victimized by the visa system in early immigranthood, he developed the syndrome with the issuance of August 2010 visa bulletin. Only after the antidote arrived on August 3rd, did he made a sound recovery and was able to pen this.

    The immigrant community is advised to keep it under check and wait till the antidote arrives from USCIS.
    Good one!! Congratulations!! We wait for our respective antidotes to arrive some day.... as the oldie song goes - "aayega, aayegaa, aayega... aayega aane waala, aayegaa" :)





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  • MannyD
    09-11 03:34 PM
    Thanks Dixie...Also, as per other forum members showing PD Year will give clear picture of voting..!!

    The poll tool doesn't allow more than 10 options at a time. Now that I know the distribution of EB category, I will post another poll to get the years. I will create the new poll after checking out October visa bulletin.

    We've all got to keep busy creating a poll or answering one for a while... don't we? ;)





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  • nonimmi
    07-02 10:03 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 legal??
    Some of have that doubt. Can you clarify please?





    ram_nara303
    01-15 10:50 AM
    I don't think it is not a issue as my friend's father also a retired Navy personel with the INdian Navy had no issues. All he had to so is show that he is a retired personnel and may have to show proof that he is just coming to visit and not to stay back.





    larmani
    09-04 12:58 PM
    Our Lawyer contacted National Service Center and got some inquiry number starts with WTCXXXXX and expecting a response in 45 days? Is this same as Service Request? Will this help? I already took infopass appointment and met an IO. The IO was saying both of my I-140s are in the same file as 485. But my question is how would they choose my application when USCIS did not port the priority?? Anybody in this situation please help!!



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