Wednesday, June 8, 2011

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  • va_il
    05-16 02:46 PM
    Hi,
    Our 485 is pending for quite some time with no updates even though we recently went for our FP. Earlier we used to see an update when we log into our account on USCIS.

    I would like to meet with Congressman/Senator to find my case status and give it a push. My objective is to get an exact status of my case and why its delayed and also to find the name check status.

    Could anyone please suggest how to go about this i have never met with lawmakers before. How should i book an appointment and what should i say it is for? What information they would need from me to pursue my request?

    Btw i live in Northern Virginia .. who should i visit ?
    Would i be meeting with lawmaker or only with their staff?
    Do i have to take the USCIS and FBI contact info for them to call? Mine is pending in NSC.

    Appreciate any guidance in this regard from people who has gone thru this path before. I hope contacting Congressman wouldn't have a negative effect on my case.
    -A





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  • masterji
    08-21 01:24 PM
    Thanks for the reply. If someone uses AP does he need to use EAD? Can anyone just apply for AP and not EAD?

    You can enter on H1 on "deferred inspection" status. Google for deferred inspection for more details.





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  • ashkam
    12-04 01:42 PM
    I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!

    A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
    So think twice before you disclose that you are unemployed.

    "You are on EAD which is based on an employment based GC application where you have to be employed all the time" : False and for the "duh" part, FAIL.

    Also, FAIL for the second paragraph as well.

    You can be unemployed while in I-485 pending status as long as you are able to show proof of future employment, if requested by the USCIS. The key phrases being "future employment" and "if requested".





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  • walking_dude
    03-03 05:23 PM
    Google checkout option has been discontinued due to logistics issues. One time contributions can still be made through PayPal (as before) or by mailing checks of IVs P.O. box in CA.



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  • ameryki
    08-30 11:03 PM
    There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks

    my friend even after knowing about uscis as much as you do now you still think they go by judgement? there is no "issue" with your ead hence you cannot do anything about it. nowhere does it say you are guaranteed 2 yr ead.





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  • balakishore
    02-01 11:55 AM
    steve,

    I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.

    He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.



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  • vijse
    12-16 11:58 AM
    I got it correct yesterday .
    Thanks for the advice.





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  • NolaIndian32
    04-28 02:20 PM
    If your I-94 is only issued until your H1B is valid or until AP is valid, you don't have to worry about extending your I-94 once that H1b or AP expire. When you renew your H1b or AP, it acts as your I-94. Matter of fact, the bottom portion of your H1b approval notice is also the new I-94.

    I have travelled numerous times between the US and India since 1994 and not once did I ever worry about the validity of the I-94 because I was always "in-status".



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  • GCBy3000
    02-06 05:22 PM
    If your spouse is on H4, you can invoke the EAD? I dont understand what is the problem in invoking the EAD?





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  • ashishgour
    04-24 10:00 AM
    Breaking news on http://www.immigration-law.com :

    04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"

    * This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.

    Does anyone has more insight to this. What we at IV can contribute to this hearing?


    Wednesday 04/30/2008 - 2:00 PM
    2141 Rayburn House Office Building
    Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
    Hearing on Wasted Visas, Growing Backlogs (http://judiciary.house.gov/oversight.aspx?ID=435)

    By Direction of the Chairman



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  • DDash
    11-09 11:46 PM
    Awesome idea....thanks for taking initiative. One minor suggestion, to avoid, spams may be you should lock the free membership...i.e. if someone wants to join the yahoo group, they should send a request, as opposed to join immediately. Just a thought.

    Best wishes!





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  • immieb2
    09-25 04:55 PM
    Good find. I can use this to explain to American friends at work



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  • bb8185
    06-05 10:54 AM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."

    Elaine, many thanks for taking the time to be on this forum.

    Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.

    Many thanks again





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  • dpp
    06-28 02:52 PM
    Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right


    Its wrong. Please check with other senior attorney. It is going to be a problem if you used like that.



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  • jvordar
    04-17 08:29 PM
    Even if you transferred you can still work for old company and keep on working there without joining new company.

    That's what i believe. Please consult attorney for confirmation

    on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..





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  • kart2007
    10-24 06:36 PM
    finally status for EAD and AP changed to " documents mailed".

    But yesterday i received a letter from USCIS related to the fax I did before.
    and as per that letter, my request to expedite my EAD and AP is not valid(?????????????) so they sent my fax back (print out). I really dont understand this!!!!!!!!!!

    waiting for EAD & AP hopefully I will get it tomorrow.

    Good luck

    But was your AP/EAD in Pending status or Approved status when you emailed the Ombdusman?



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  • alien2006
    07-11 07:54 AM
    Well i just sent a message to my lawyer and this is the reply i received.

    "If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

    Pls comment:)

    Yes your lawyer is correct. You count towards the cap only once.

    On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.





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  • akhilmahajan
    04-30 12:27 PM
    Your case got approved pretty fast........

    I just wanted to make sure it was not filed premium.........

    Thanks.





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  • hsd31
    05-12 10:04 AM
    Please search the forums. This has been discussed multiple times (and frowned upon by some multiple times :)). The gist of it is: it is not your qualifications, but the Job requirements that determine if it is EB2 or EB3. Also, you cannot count the experience you have gained with your employer when filing for GC with the same employer. Moreover, since the July 07 fiasco, EB2 filings for tech jobs are been closely looked at by USCIS and can be subject to a Business Necessity RFE, unless the position is on the Managerial side of things. The best advice I can give you is: Consult with your lawyer since each case is unique and there could be justification for a port in certain cases.





    manderson
    05-24 01:08 PM
    we need to be on front page of CNN, FOX, MSNBC etc. if we want to make a difference.

    By the way , i did send several emails to CNN. But looks like we are gonna have to wait till someone covers us in media.

    just make sure it's not Lou Dobbs!





    titu1972
    10-29 02:06 PM
    You got an EAD for your kid? What is the minimum age for a kid to be eligible for an EAD?

    The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.

    Yes... It will say "Work Authorization Only".



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