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  • satyasaich
    07-12 06:14 PM
    that the new 140 gets approved(for which i have no doubt) with old priority date.
    then go ahead for 485.
    the only point here is to play SAFE, and try to be on H1 until the new 140 is approved


    Will this be same if you are with same employer??

    I mean
    Having PD 2003 Jan - EB3 - approved 140
    Can this be used to file new I 485 with NEW PERM LABR - EB2??
    does EB2 140 needs to be approved ??





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  • sriniks
    12-07 06:01 PM
    For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.

    For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.

    Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?

    I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.

    thanks!
    srini





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  • dealsnet
    04-22 02:32 PM
    The PD hang around 2003 from 2006 to 2008. In 2006 to 2007, whole year, the PD stay for Jan 2003. In 2 years, dates moved very little. What they are doing in those years ?





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  • sledge_hammer
    03-04 09:21 PM
    Your priority date is Dec 2004, in which case it is presumable that you are aware of immigration laws. I'm sure you know that working for cash is illegal when you are on H4 visa. Then why the hell would you advise someone to do it?

    This is a very irresponsible advice you have given. Please refrain from doing it again.

    Either you can enrich your skills by joining some short term courses or do small work (like teaching kids/ day care/ dance classes/ singing etc) where in you can earn CASH .................. I am not sure of your background so cannot comment on choices that you have.



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  • hiyer31
    01-26 11:35 AM
    I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should NOT go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humongous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!





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  • capriol
    09-17 08:11 PM
    Hello all,

    I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.

    Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.

    Should I call USCIS or wait?

    Any suggestions are welcomed...

    Thanks.

    Dear Apahilaj:
    You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.

    I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?

    I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.



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  • hur11
    01-22 08:48 PM
    Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.





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  • ramaonline
    03-24 03:16 PM
    You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.



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  • cucubau
    10-17 03:39 AM
    It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.

    Assuming I filed for I-485 before the retrogression mess.

    Thanks!





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  • pleaseadviseme
    09-22 02:28 AM
    Hi, guys, i am new here, I hope you guys can help me with my urgent questions.

    I am on my OPT which i do have a F-1 visa. my employer said he will file my H1b petition on Jan. 1st. and thank god this is from a non profit organization(hospital and filing from university hospital level), so i guess i do have the non-cap advantage...

    my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time? is it possible to apply for H1b for me, and my wife f1 to h4 change of status the same time without i get approved on h1b? she is going to meaningless school to maintain her status, but if she can be on h4 (not including f2), she can save alot of money and alot lesser pressure.

    i don't know how is this work, and how much is the f-1 to h-4 status change costs. also, if i get denied, she will be denied too, but if she gets denied, will i get denied?
    in other word, is filing both visa same time affect the chance of getting approved? i have heard some people saying that it's alot better to file one at a time rather than both at the same time.

    u guys know the odds of getting approved on h1b from non profit organization these days? my hospital is a non profit research hospital with 1500+ employees.

    thanks alot guys and girls. i wish you the best with your visas!!!!



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  • EB3June03
    06-15 04:55 PM
    I got an email from my lawyer who indicates the RFE is related to my medical missing from the 483 package we sent. I am pretty positive we sent it, but seems like USCIS has some way to firing a RFE.

    Anyway, my lawyer is asking me that getting a new medical done would be better as that is quick and more pratical. Don't know if that might be true.

    Any ideas for those who got RFE for medical?





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  • Suva
    05-18 02:01 PM
    I am older and have 2 kids and I am also considering the same.

    +1

    Though I am older and married, I am considering the same



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  • helpmeExperts
    02-14 03:37 PM
    Guys,

    this doubt is bugging me due to recession fears.

    if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
    will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation





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  • immigrationvoice1
    02-10 03:02 PM
    This is a good reason to advocate 3 year EAD/AP validity. Wish the letter campaign brings this much needed administrative fix to reality.



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  • sdrblr
    09-04 03:32 PM
    What did you do to piss them off :D.

    Oh I think I know what the problem is.... the big "R" word .................. RETROGRESS !!!

    If you are EB2I then you have to wait for the card..dates are not current yet :D




    Guys,
    Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.

    So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....

    SoP





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  • makemygc
    06-14 11:21 AM
    Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.

    As per immigration-law, filing h1 extension could be a problem along with EAD, as H1 ext can be rejected. See my earlier post.

    Has someone done this earlier??..



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  • shamin_a
    12-09 10:54 AM
    Is Visa recapture part of this bill?





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  • PDOCT05
    10-31 09:54 AM
    ^^^bump^^^^^^^^^^





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  • marwan234
    10-09 09:04 PM
    not yet.





    guyfromsg
    07-16 11:02 PM
    Please enlighten me. What constitute a proof of immigrant intent?

    Filing of:

    1. LC
    2. I-140
    3. Medicals
    4. I-485

    etc...

    I am confuse. Please explain.

    I-140 is Application for Immigration petition. To apply for 485 you have need to have 140 approved/pending or should be filed concurrently. Medical is required as part of 485.





    hiyer31
    01-26 11:35 AM
    I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should NOT go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humongous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!



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