Thursday 30 June 2011

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  • srikondoji
    06-30 02:27 PM
    I used that same option for my wife as she is on EAD and working.
    I am still on H1-B and used the other option related to my status.

    Hi Folks,

    I am currently on EAD and am applying for extension using e-file. I had a question on what do we fill in for 'Current Immigration Status'. The closest I can think about (as per the options given) is : DA - Advance Parole (Dist Auth).
    Any comments?

    Has anyone using EAD currently done an e-file for extension?


    Thanks




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  • Blog Feeds
    05-21 11:00 PM
    Acting Associate Director Donald Neufeld has issued revised guidance regarding the
    I-90 Application to Replace Permanent Resident Card. The guidance is dated February 6, 2009.

    Previously, if an I-90 applicant presented a national security concern or had a record of arrest or presented an �Egregious Public Safety� concern, then the USCIS adjudicator was instructed to immediately suspend adjudication of the 1-90 and refer the case to ICE.

    The problem with that position, as pointed out in the Neufeld memo, is that an I-90 applicant who is a Lawful Permanent Resident LPR holds that status until he or she either abandons it themselves or has it revoked through rescission or removal proceedings. Therefore, until the LPR status is either abandoned or revoked, the applicant is entitled to evidence of his or her status.

    Now, the Neufeld memo provides that all 1-90 applications will be adjudicated when all of the basic filing requirements and conditions have been met:

    1. The applicant has established his or her identity; and

    2. It has been established that the applicant is a lawful permanent resident.

    Once those conditions have been met, the I-90 should be approved regardless of whether derogatory information comes up during the fingerprint and IBIS checks. If that happens, the I-90 should still be approved first and the derogatory information issue addressed second, presumable with a referral to ICE.

    In the past, some applicants have been served with Requests for Evidence (RFE) asking for arrest records or court dispositions. Now any RFE that is issued must be limited to requesting supporting documentation related to establishing identity or status.
    .




    More... (http://www.philadelphiaimmigrationlawyerblog.com/2009/05/i90_appliication_to_replace_gr.html)




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  • garyn
    04-21 09:41 PM
    Thank you very much for the reply.
    How early can I start working. If I am correct usually I have to wait until I get receipt for USCIS before I can start working for another company. But with H1B from university should I have wait till it gets approved?

    Thank You




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  • billvor
    05-05 11:17 AM
    Hello.
    I am F1 visa holder. I applied for DV 2011 and got mail that I was selected for further processing.

    As I understand now I can apply for Adjustment of Status since I am already in US.
    I contacted couple lawyers and got controversy advices about when I can apply for AOS.
    One says I need apply as soon as possible, other says I cannot apply till October 2010.
    Any advices about this?

    Thanks



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  • java4yogi
    10-10 01:19 PM
    good catch there !




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  • absaarkhan
    02-05 12:01 PM
    You can live in US legally beyound your current H1B I-94.
    As long as your AOS (I-485) is Pending, Ofcoure u need EAD for work.



    Hello Friends,

    I have utilized AC-21 and moved onto another employer and I will be using my EAD. I have an I-94, from the I-797 of my previous employer, which expires in May 2008.

    The question I have is if we have utilized AC-21 can we still live here in US past the I-94 date? Will the stay be considered legal? I ask because as far as I know when a person is on H1B he can not afford to go past the I-94 validity date, does the same apply with an AOS applicant?



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  • dealsnet
    07-31 05:19 PM
    If you are eligible for EB1, file I-140 now. EB1 is always current in every VB. No need to port EB3 PD. For EB1, no need for Labor process; direct I-140 filing.

    Hi,

    I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.

    My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.

    Thanks




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  • royus77
    06-24 01:57 AM
    We dont have the physical copy yet. can we file 140 and 485 without it?

    You need a copy of approved LC. However last time i remember they are fine with the "Confimation from the webpage also " Not 100% sure ..



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  • uma001
    10-11 09:15 PM
    when did you file for H1? I am trying to figure out how many days gap was there between your H1 submission and project start date.




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  • fromnaija
    09-30 06:06 PM
    Yes there is. You need to write to the Service Center that has your I-485 and ask that the approved I-140 with the earlier priority date be substituted for the one in your 485 file.



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  • ISSUE photo | Raven-Symone


  • JazzByTheBay
    08-21 11:27 AM
    No time for posting updates.. it's like when you're really busy on a project and asked for daily/weekly status updates.... :)

    jazz

    Any word yet on the Processing Dates.




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  • khyatisdesai
    12-16 05:35 PM
    Hi , What does the lawyer say about this . They surely must have seen such cases before.



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  • axp817
    04-08 01:00 PM
    There was a soft LUD (LUD - but no change in status) on my approved I-140 on 4/3/2008. I am not as excited as I am curious/conerned though. I work for the sponsoring employer and the employer wouldn't have revoked my I-140, just in case anyone was wondering.




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  • luvschocolates
    06-29 11:16 PM
    The first I -797 notice that I got, states that they received my I-485 application on July 16, 2007. On the website for USCIS status update, it states that they received my application on September 8, 2007.
    According to my understanding, one does not have to submit the $340 application fee for a work permit if they received the notice AFTER July 30, 2007. This is where it gets confusing.

    Here's the problem...if they say on my paper notice that they received the application on July 16, 2007, then I would have to pay the $340.00 - correct?
    But if the website states that they received it on September 8, 2007, then I would not have to pay the fee.
    I need a job, plain and simple. I have been in this country for 6 years and have not had a single paycheck. I get room and board for taking care of an elderly disabled person and that's it. Any money I do get is from the kindness of friends and family or maybe babysitting for a friend etc.
    I cannot afford the fee, but I don't want to take the time to fill out and submit the application if I have to pay.
    How do I determine which notice to follow? Should I assume I have to pay the $340 and try to do so by borrowing the money from someone and if it wasn't necessary will they give it back? Or do I just go ahead and submit the application without the money and hope it gets approved? Does a work permit usually get approved or am I wasting my time?
    If it is approved, do I get a social security number or what? I can't open a bank account nor change my driver's license without a social security number so I'm feeling really stuck.
    Any suggestions?



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  • Prashanthi
    05-28 03:15 PM
    Yes thats what it means




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  • jkamel5
    06-06 10:48 PM
    Thank you very much for these helpful inf



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  • vfast9999
    07-01 04:53 PM
    You will receive cards tomorrow... in my case it took 7 days.. goodluck




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  • sekharreddy
    07-18 10:14 PM
    Hi

    I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
    And also Please suggest If there is any way to apply for 485 without cancelling her H1.
    Thanks in advance




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  • nik.patelc
    08-11 07:22 PM
    As per Spet 2009 visa bulletin, my PD will be current . I recently moved to LA due to Job change . If i do AC 21, do you think i will miss a oppurtunity of getting GC in spet since my PD is OCT 2004.

    Please advise. Should i do AC21 now ? Or Should i do only on RFE?

    Another question. I still have permanent address in chicago but moved to LA. Do i need to do AC11 form?

    Nik




    sbmallik
    09-07 09:08 AM
    Please note that an I-485 approval invalidates the H-1B visa.

    I would travel to the US before Advanced Parole expiry to obtain the GC and return. I am not sure of any exceptions - please post the question in 'Ask a Lawyer' section ASAP.




    pasa0202
    12-10 03:31 PM
    Hello Attorney,

    Is my perm valid if I am out the US without H1 B status? OR

    Can I get H1B extension if my perm & I 140 get approved when I am out of the US without H1B status?

    Here is my situation:

    -My I140/I485 got denied -- in Aug 2009
    -I got 9th H1B extension which is valid till Apr 2010
    (As I know after Apr 2010 that I am not eligible to get extensions)
    -My present company started filing PERM in Dec 2009 (No chances of getting PERM & I 140 approvals before Apr 2010)
    -My company planning to send me out of the US (probably India/Japan) in Apr 2010 to work from there because of my H1B expiration. They want to continue my PERM and I 140 process.

    My question to the attorneys:

    If my PERM get approved after 6 or 8 months I am eligible for H1B extension even though I am out of the country without H1 B status?
    Or
    Do I need to wait 1 year to get the new H1B for 3+3 years?

    I really appreciate your suggestions.



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