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  • lskreddy
    12-11 02:24 PM
    Not that this should trump any of the above answers coz there could be context behind these that I don't understand. I had asked these same questions to Prashanthi Reddy, the lawyer who volunteers here at IV.

    Can one apply for an EAD while they are out of the country?-NO

    Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY

    Can one travel when EAD is pending?-YES





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  • aroranuj
    09-09 11:20 AM
    Hello Everyone,

    It is time that we need to unite as one�no EB1 or EB2 or EB3. This is our last real chance in a long time to come to address our BIGGEST issue. The Full House Judiciary Committee will do a Mark-Up of EB Visa Recapture Bill and Nursing Relief Bill on 09/10/2008 10:15 a.m. We need to call ALL these members listed below and ask them to support. Please write in your responses with how many reps you have been able to call. We need to keep this thread on top. The information provided below has been taken from the Administrators post about the HR5882.
    --------------------------------------------------------------------------
    BACKGROUND & TALKING POINTS
    --------------------------------------------------------------------------

    HR5882 was sponsored by Congresswoman Lofgren and Congressman Sensenbrenner. This bill recaptures all the unused visa numbers that have been lost since 1992 due to processing delays in Employment based category and Family category. This bill has PASSED the Sub Committee and is in its next phase. After it passes here it will to the full house
    Please use the instructions provided below to make the phone calls.

    (1) Call the congressman/woman office and request to speak with the aide who handles Legislative and Immigration matters

    2) If they are not available leave a VM for them -

    "I would like Representative "Representative Name" to support HR 5882, bill to recapture the green cards lost due to processing and bureaucratic delays. As you may already know that this is a bi-partisan bill with wide bipartisan support in the house and will help improve American competitiveness & reduce the back logs associated with USCIS. This bill is non controversial measures that will help US to stay competitive with a highly educated and skilled work force and address family based backlogs also.

    To All congress-critters:
    In a nutshell, this bill allows USCIS to manage their workflow more effectively, which provides better customer service, and will eventually lead to better turn-around times.

    To Democrats: More people will be able to get their citizenship in reasonable times.

    To Republicans: Companies will be able to attract more talent which improves economic performance."

    (3) As usual Do NOT get into the CIR issue or illegal Immigration. If the aide is confusing with CIR or illegal immigration, just tell them that these are legal immigration bills.

    (4) If the aide asks whether you belong to the district or not, tell them NO if you don't. Mention to them that you already spoke with your representative and would like the congressman/congresswoman
    support.

    The list of key representatives along with their contact information is provided in this post.

    --------------------------------------------------------------------------

    If asked please say that you are a member of Immigration Voice.

    -------------------------------------------------------------------------

    If the staffer ask - "did you call the representative in your area", say that -

    "Yes I did. Congressman/Congresswoman is a prominent member of House Judiciary committee which makes him a national figure of great importance. Congressman's decision and support is very important for people inside and outside of your district and as such I urge you and the Congressman to support HR5882."

    Democrats

    Zoe Lofgren, California (202) 225-3072
    Sheila Jackson-Lee, Texas (202) 225-3816
    Maxine Waters, California (202) 225-2201
    Bill Delahunt, Massachusetts (202)-225-3111
    Robert Wexler, Florida (202) 225-3001
    Linda T. S�nchez, California (202) 225-6676
    Steve Cohen, Tennessee (202) 225-3265
    Hank Johnson, Georgia (202) 225-1605
    Betty Sutton, Ohio (202) 225-3401
    Luis Gutierrez, Illinois (202) 225-8203
    Brad Sherman, California (202) 225-5911
    Anthony D. Weiner, New York (202) 225-6616
    Adam B. Schiff, California (202) 225-4176
    Artur Davis, Alabama (202) 225-2665
    Debbie Wasserman Schultz, FL (202) 225-7931
    Keith Ellison, Minnesota (202) 225-4755
    Tammy Baldwin, Wisconsin (202) 225-2906

    Republicans

    Lamar S. Smith, Texas (202) 225-4236
    Jim Sensenbrenner, Wisconsin (202) 225-5101
    Howard Coble, North Carolina (202) 225-3065
    Elton Gallegly, California (202) 225-5811
    Bob Goodlatte, Virginia (202) 225-5431
    Steve Chabot, Ohio (202) 225-2216
    Dan Lungren, California (202) 225-5716
    Chris Cannon, Utah (202) 225-7751
    Ric Keller, Florida (202) 225-2176
    Darrell Issa, California (202) 225-3906
    Mike Pence, Indiana (202) 225-3021
    Randy Forbes, Virginia (202) 225-6365
    Steve King, Iowa DO NOT CONTACT
    Tom Feeney, Florida (202) 225-2706
    Trent Franks, Arizona (202) 225-4576
    Louie Gohmert, Texas (202) 225-3035
    Jim Jordan, Ohio (202) 225-2676





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  • vsrajesh
    02-20 06:19 PM
    "The new company should first apply H1 for 3 years based your current approved I-140"

    Can someone pl clarify whether a "new company" can get a H1 extension for 3years based on an approved I-140 from "current company" (after 6 years completed on H1).

    It is clear that "current company" can get H1 extension for 3years based on an approved I-140 and a "new company" can transfer it, but is it possible for "new company” to get a 3 year H1 based on approved I-140?

    If yes, does the “new company" have to wait for H1 quota OR it doesn't come under H1 Quota?

    Thanks





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  • gauravster
    02-25 12:46 PM
    In some states (like NJ), you need a letter from Social Security Administration stating that you are not eligible for SSN.



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  • s416504
    08-13 02:29 PM
    Thanks for Prompt reply.
    My application got delivered at 11:31 & Received by B GERKENSMEYER.
    Do u think I shoould file again using Lawyer before Aug 17?





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  • imcdude
    10-17 01:59 PM
    If I had a million dollars, why would I want a Green Card.
    I would want to live like a King in India with servants and all.



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  • newuser
    09-15 01:11 PM
    I am in





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  • RAJASEKERAN
    11-12 11:44 PM
    Hi,

    My educational background is Bachelor of Engginerring in Computer science.

    I came to United states in December 2006. when i came i was having six years of experience.

    My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.

    I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.

    When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.

    I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.


    "SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"

    I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.

    What will happen now ?

    What type of document i should provide to USCIS for this query?

    Will my I - 140 get approved ?

    Thanks & Regards,
    Raj..



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  • texanmom
    08-14 05:58 PM
    I do not believe the EAD and AP are tied to the priority date, especially if you have already filed the 485.

    Gurus- correct me if I am wrong.





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  • new2H1&GC
    11-08 01:52 PM
    Yes that is true, you have to show your passport and I-94 and EAD
    you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.

    so to answer your question show H1 extension if they ask.

    hope this helps.

    Good Luck :)

    Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
    Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure

    So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?

    Thanks..!



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  • ss_col
    08-21 12:15 AM
    You are very eager to get an answer to make your case. Have you contributed?





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  • riva2005
    05-21 06:01 PM
    But what if some amendment convert 90K to 190K ? Will IV support the bill then? I think the entire bill is not that bad we can swing it into our favor by changing few details :)


    Yes, I guess they have to then. If your problems are taken care of, then you would support the bill. Wouldnt you?

    If you remember last year...Sen. Cornyn was opposed to S 2611 before it was dabated. And he was opposed to it even after amendments and debate were over. He voted against S. 2611. However, he still put SKIL amendments even though he was against the bill before he inserted his amendment and after.

    Like I said, if you cannot take a position, how can you even justify reason for amendments? The very reason to offer amendments is disagreement with the current form. If you support this bill, you might as well say "Thanks for sticking it to us and giving away GCs to Y visa holders and untested merits system at our expense. We love to get screwed and we support this bill".

    Its not like that the powers to be would take it as an offence and block our amendments. This is the US senate. Not a bunch of prickly teenagers. You can work together with people even if you fundamentally disagree with them.



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  • gaz
    11-18 01:54 PM
    Thank you for the quick response.

    She has not yet filed 485 (PD is of 2007 i think). So once she ports her 140 she will have to file new labor and 140 (and since that can take more than 6 months) the worry was that she may not be able to work if H1 extension was not possible. so looks like she can apply her H1 extension at the time of transfer and then go on from there. Big worry off her head!

    Thanks again.




    1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
    A. While file for her H1 transfer she can ask for 3 years extension based on approved 140

    2) file a new labor and port her PD from the approved 140?
    A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140

    3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
    A. 1 and 2 are possible. If she wants she can transfer to H4 as well.

    Hope this helps.





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  • SunnySurya
    07-13 11:56 AM
    Folks,
    Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I am looking for is your take.

    Background:
    During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for no explicit reasons and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
    In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.

    Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
    a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
    b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)

    I am afraid to choose option 2 as they might send my application for some sort of reconciliation.

    Thanks
    Sunny



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  • redcard
    05-20 10:39 AM
    and your question is?

    how can she get a Green Card..





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  • saurav_4096
    03-28 10:56 AM
    Thanks everyone for reply, I feel much better now.

    I had posted query to my attorney and looks like they sat on this and never replied.

    Regards

    Saurav



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  • katrina
    01-24 12:25 PM
    just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.

    I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.

    FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?

    Please help and Big thanks

    On contrary if you chose CP you have to maintain your status until your greencard get approved. Try to read this link it give a detail that if you choose CP it suggest to keep your H1b in case your greencard not get approved you still be able to get back to united states.

    http://www.usvisahelp.com/art_consprocess.html


    Since your HR believe your lawyer more than you, what you can do is do your homework by research on the internet find the written proof that stated you can extend your H1b visa after your submitted your I-140 more than a year (pending labour certificate more than a year ) and after your I-140 get approved you can extend it up to 3 year.

    go to uscis web ( http://www.uscis.gov) or yates memo regarding H1b Extension ( http://www.murthy.com/news/UDh121st.html)
    find the statement that can back your case.

    Then get a second opinion from a prominent lawyer, paid the fee for 1 hour consulation and ask your HR to talk to the lawyer directly then contest your current laywer back after all information gathered and asked him/her why she still said that you can't extend your H1b if you submit your I-i140 now.

    Hope this help :) good luck





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  • sankap
    07-20 02:36 PM
    Yes, we've been using our marriage affidavit all along--including for getting PR and citizenship of country X.
    hey, so you got h4 by just producing marriage affidavit and not marriage certificate?





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  • imh1b
    02-07 10:16 AM
    Why blame illegal Indians? They are desperate for survival and come to USA to earn 2 square meals a day.

    What about the Legal Indians? The so called best and the brightest.
    Even legal Indians commit acts that bring shame. Just go to any anti-immigrant website and you will see tons of news article links. This is why antis call Indians slumdogs





    gc28262
    11-05 11:25 AM
    All,

    I am starting this thread to track I-485 applications that did not receive receipt notices yet after filing in July-August

    I filed on August 15th
    No receipt notice yet as of Nov, 5, 2007

    Anybody else in similar situation ?





    canmt
    11-14 03:01 PM
    This could mean that USCIS has started to processing I-485 applications faster and you'll get your green card as soon as FBI clears the name check...

    Good luck on your green card pursuit...



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