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  • seahawks
    09-23 04:22 PM
    I applied in early August too but haven't received mine yet. I had delayed applying for my AP and current one expired last week, in the meantime it is possible that I may have to visit India since my dad has suddenly been hospitalized. Is there a way to get an Emergency AP?

    Many thanks

    yes, go to the local USCIS office to request an emergency Travel Parole. I haven't done it myself, but when they lost my approved AP in the mail, I tried the route of going to the local USCIS office to get a duplicate one. They said there is nothing they could do and only could issue an emergency one. I expect you will have to provide some supporting documents to show your emergency.

    In my case, we had to apply for fresh AP again and we are still waiting. That was a loss of over 600 dollars and counting. This system is painful!





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  • sundar99
    05-03 10:49 AM
    I would think the more people call this reporter is better as Silicon Valley has significant influence, and also - the number of h1b concentration is very high.

    Mentioning the plight of EB Retro, Backlog, is the price one pays for waiting in line and respecting the law of the land !... --> Already people are pissed with Mexican Citizens calling the US their land and demanding citizenships (instead of referering to them as Illegal Immigrants, better to call them Mexican Citizens, and we should tell the US Govt to treat them like any other citizens of other countries). We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled. This can be a sure catalyst for SJ Mercury times as they are trying to find ammunition to counter the Illegal protests..... Family based ones are not working out for them. H1B -to GC --> process will surely work for us and them..

    The reporter had no clue that EB Retro victims have been waiting in line for so long. THey are only aware of Family based immigrations. Please do call and let them know, they are not aware of the Back log waits as well... Do no assume most of the folks in US is aware of the legal immigrants wait. They do not know at all. It is time we spend few minutes with all avenues to ensure all get to know the issues faces by legal immigrants.

    Learning 01 -> I am not a new comer here, I joined before you and have contributed significantly too, when Aman requested me to join initially -> I was pissed by one or two people like you who discourage ideas, so stayed away, We need to explore avenues "instead of My advise - ignore them and don't post or start new threads here. Instead write letters to editors" your quote. How do you know this is useless ?

    Do you think Senators etc care about any legal immigrants ? We need to take all approach and not rule out avenues. it is very important. At the end no one is sure, if EB Retro Folks or Back log victims will get any benefit. We need to work as a team, instead of pissing people off !





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  • ChainReaction
    07-31 12:23 PM
    I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?





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  • logiclife
    06-01 06:33 PM
    No, you cannot file for I-485 unless your PD is current. This is as per the current law.

    Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.

    As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.



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  • Jaime
    02-02 05:35 PM
    No way this amnesty would pass. This will end up in the ash heap of unpassed bills.

    Yes but there is a section that says that you have to prove that you are admissible as an immigrant (I would like to think that means that you are not an illegal alien!) read here:

    `(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph

    But who knows!

    Anyway, it's positive that at least there is some "buzz" in the air

    I hope that Janet Napolitano and team will want to show quick fixes in order to differentiate themselves from the terrible Bush administration. Fixing legal immigration is relatively low-hanging fruit and way less controversial than Illegal imm. Thoughts? I am full of hope





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  • sukhwinderd
    03-07 09:57 AM
    out of the country indefinitely and then come back lets say after 10 yrs?



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  • logiclife
    04-28 12:43 PM
    This was a post I did 16 months ago, when Immigration Voice was 3 weeks old and no one knew anything about CIR of 2006.

    As we have learned in 2006 and in last 16 months, it is not going to be possible to separate ourselves from illegal immigration no matter how much we try. Its just not going to happen.

    There is some good news today from bloomberg:

    http://www.bloomberg.com/apps/news?pid=20601087&sid=akTlfu6iVMK8&refer=home





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  • wandmaker
    08-14 06:37 PM
    I have received the cards in today's' mail. It has been almost a decade in green card journey. My support for IV and fellow IVans will remain the same. Thank you all for the wishes.



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  • k_sing
    09-18 04:08 PM
    This is H1B specifc though.. not taxation specifc for others





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  • nozerd
    01-17 01:55 PM
    Check website of consulate. I know Houston consulate webiste is

    www.cgihouston.org

    You will have to go to the one in your jurisdiction.



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  • gnutin
    06-10 12:43 PM
    Hi Gurus,

    I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
    My Visa is expiring in March 2011.

    Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.

    Now my question is that, I am planning to change my job (to employer B) in September 2010.

    Please help with your valuable answers for the following questions:-



    1. How long does it take to get the i140 approved?
    (Regular/Premium)

    It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.

    2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?

    You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.

    3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?

    Premium processing would take less than 30 days. To be safe move after employer B receives the approval.

    4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?

    You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.

    5. Does the new job need to be the same title and job requirements as the old one?

    For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.





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  • hebron
    04-17 12:15 AM
    Hi Roseball and others, Are you sure about this atatement - "Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension."

    My thought was that 3 year extension based on approved I140 can be applied only if you are with the same employer who filed your labor certification.

    Could you please confirm.

    One of my friends is in the same situation. His 8-th year H1 extension based on aproved labor is expiring in next two months. He has not received his I-140 yet. Now he has received an RFE for his 9-th year H1 and also his I-140. The RFE is big one and is for the employer. Since he has couple of months on his current H1-B What are his options/backup plans (if the RFE response doesn't work)

    1. Would it be possible for a new employer to file his H1 for 9-th year based on approved labor? Since he doesn't have approved I-140, can he still extend his H1 with a new employer?

    2. If the post by Roseball is true, my friend can respond to his I-140 RFE and apply for premium processing and hope that I-140 clears in the next two months and then based on this approval he can get 3 years H1 extension. Could anyone please confirm if this assumption is correct.

    Thanks


    Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....



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  • iamgsprabhu
    04-20 10:20 PM
    This is really now a high time we need to do something, Green card is delayed, we have been patiently waiting, now EAD renewal is also delayed, I applied for AP renewal it is more than 2 and half month and it is delayed.

    Why are legal and regular tax payer like us troubled so much ? , they want money take it, but provide efficient service ?

    I am really surprised that there is nothing we can do ?





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  • chanduv23
    08-06 10:02 AM
    I will be there



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  • felix31
    02-12 09:53 PM
    My thanks to all replies,

    Here is the bottomline.

    An interim rule was indeed published in the Federal Register on May 24, 2006, announcing that Premium Processing program would be expanded to include I-140, I-539, and I-765 applications.

    As we already know Premium processing for I-140 is already in effect since last Fall. I am not certain about I-765, BUT the effective date for I-539 under premium processing is still unknown.

    So, as both hubby's H1 and my H4 applications are pending, I will upgrade his H1 and hope that my H4 gets picked up as well. There is at least 50-50% chance for that (if they did not stopped the 'courtesy service for H4s).

    The twist here is that my current H4 expires on March 16th, 2007. AND we cannot send for my (H4 to H1) transfer before APRIL 1st.

    That's why I SO MUCH NEED H4 extension in hand before sending H1 in APRIL.





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  • StarSun
    02-08 02:21 PM
    Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.

    Take action and register now: ImmigrationVoice.org - Advocacy Update (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)

    Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about IV...it's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!

    True.
    IV in need of brave souls now :)



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  • kevinkris
    11-10 02:50 PM
    Guys,

    I think they are doing it across in NY.
    This is really stupid. Most of the people will not have valid stamping on an expiring passport.

    San Francisco was fine. They gave me for 10 years in January.

    Don't know what their policy now.




    Hi friends,
    My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
    They said that they will NOT accept
    - valid unexpired EAD
    - valid unexpired AP
    - valid 485 receipt
    - even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
    ...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
    In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

    I will appreciate if anyone has a solution to this problem. All answers appreciated.

    I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.





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  • sunny1000
    06-28 09:15 PM
    Thats a good question. Would it still be considered valid if we mailed the documents on Friday so that it reaches them Saturday. They'd still be opening the mail on Monday July 2nd. I have a feeling that would be too late. Any others in the same boat ?

    Their mail room is not open on sat. So, I guess that wud be too late.





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  • RayP
    12-07 11:14 PM
    I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.

    Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!





    bluekayal
    09-16 05:05 PM
    Thank you!


    here is an article from murthy about unemployment benefits:

    MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)





    Desertfox
    04-27 11:15 PM
    I see the following in the USCIS website:

    "Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service."

    Can somebody clarify this please? I applied 485 during the July 2007 fiasco and want to renew my EAD now? Can i e-file with $340 fee?

    You can definitely efile. I did not apply for EAD with my I-485 during July VB fiasco, but I efiled with the new filing fee in September 07 and got it approved in 2 months.



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