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  • windycloud
    09-04 01:17 PM
    That would be sweet I guess. My PD is Oct. 07. :)





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  • cheg
    07-26 08:18 PM
    EAD Benefits Thread

    http://immigrationvoice.org/forum/showthread.php?t=10817





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  • EndlessWait
    06-18 04:06 PM
    1.Non immigrant visa number : put the number on the expired H1B stamp (in red color).Do not put the control number
    2.whenever the expired visa was issued
    3.whereever it was issued.

    I assume you renewed your H1b eventhough you'r H1b stamp expired.

    I'd got an extension within US, haven't left. Are you sure to put the old visa info. What about the new H1 approval which is valid. Shouldn't one put that info.

    BTW, what is the visa no#..is it the control no# or EAC no#...





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  • rajuram
    05-06 11:17 PM
    I am a jul 2007 filer, EB3 India, Priority Date 4/2002.

    Around 10 days ago, I got a soft lud for the first time on my 485!!! Since my PD is not current, why would LUD change? Does it mean that they are looking at it?



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  • mnq1979
    09-21 07:38 AM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Thanks.

    I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.

    Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
    Did ur wife also applied for the I485 with you or u applied alone?

    thanks





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  • ragz4u
    02-19 08:12 PM
    I want to Thank everyone for turning up for today's meeting, it was a good discussion and I am glad that we got to know each other better.

    I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.

    These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.

    This is what we are planning to do in the next few days:



    Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas



    Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.



    Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.



    Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.



    Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.



    One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.

    Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.

    That is all from me for now. We plan to take action and meet again soon.

    Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.

    Thanks Everybody for your support and time.

    It is really encouraging to see regional teams take the initiative and continue the good work locally. Cataphract, thanks for updating us on the progress you guys have made. Feel free to email at info@immigrationvoice.org with any concerns you might have/support you need and we'll be glad to help you in any way possible.

    Hopefully other teams will take a cue from this and get together for achieving our target.



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  • surge
    02-12 07:17 AM
    Hi everyone.

    i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
    in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.

    PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
    will be very grateful.
    thank you.





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  • milind70
    07-26 10:43 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!

    See here is the things that are in your favour( incase u decide to file 485 for
    yourself and not for her)

    1. You have got married before u applied for 485.
    2. I suppose you are going to get her here on H4 when you H1 extension is
    approved .
    3.Once she is in US and your dates become current you can apply for her 485
    also if your dates is not current your 485 cannot be approved.
    4. Even if your 485 is approved you have 180 days from your approval to file her 485.

    The important thing here is that if u are married before u file 485 u are on a safer side, secondly many people fear that they may get approval and at that point of time they might not be able to file 485 but that cannot be the case as your GC can be approved when ur dates are current and when your date is current ,your wife or dependents can file 485.
    The downside in this is that your wife will be on H4 status,so u will have to maintain h1 status i.e means you cannot go on EAD and change jobs etc etc because if you do that your wife loses H4 status and she has to leave the country because she has not filed 485(AOS).
    The point here is if u have applied AOS u are under protected status you are not required to mainatain any status (H1 or H4) but if u wish to work when ur AOS is pending you require EAD and for travel you require AP. This means if your wife had applied AOS and her H4 expired say next Jan 2008 she could stay in US without extension.However if she wishes to work then she would require EAD otherwise not ,if she wishes to travel out of the country she requires AP .



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  • bluez25
    07-16 04:24 PM
    I did submit through mail when I applied last year and it took for ever. My personnel preference DO NOT try that option. They atleast need 45 to 60 days for the PCC to be issued.





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  • gcisadawg
    07-31 11:50 AM
    lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.

    They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.

    Just for fun, let me predict with all seriousness.

    On Oct 2009 Visa Bulletin: EB3-I Cutoff date Dec 15th 2000
    On Oct 2010 Visa Bulletin: EB3-I Cutoff date June 1st 2001

    I'm hoping to see a movement of atleast 6 months for EB3-I during Fiscal year 2010.



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  • minimalist
    11-16 10:39 PM
    Nope. That is not true. Either the company/lawyer is screwing your friend!

    You can avoid the waiting period by using "Notice and Consider".
    I had the same experience with FDBL lawyers, those guys were awful.
    Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.

    Hope this helps.

    You cannot file labor when there are lay-offs. Something to do with how can you hire some foreign labor when youbjusrt fired some.

    Unlike belmontboy,I don't have first hand experience though. Hopefully other members will shed some more light.





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  • pushkarw
    12-21 12:44 PM
    Have you contributed to the MILLION dollar drive? Please visit the funding thread!



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  • dressking
    08-31 11:58 AM
    I think there is some truth to this poll.

    A lot of Americans lost their jobs to foreigners because they are over qualified for those jobs.

    Well, when you buy tools for yourself, you buy the cheaper ones that have all the functions that you need, not the most expensive ones that have all the functions, including the functions that you don�t need. The same thing happens to people as it does to tools.

    I think most people will become overqualified at some point in their life. The best thing to do after you have become over qualified is to start your own business in the field that you are over qualified for. With the experience you have in that field, you will have better chance of success. If you don�t want to run a business, try investment. With the money you have earned earlier in your life, you should be able to do some investment. If you have invested in real estate, try to make money from the real estate you own.

    One should take responsibility for oneself. The government can only take care of the citizens to certain point. Mothers can only breast feed their babies to certain time, and parents can only take care of their children until they are 18. Parents can not take care of you all your life. So don�t expect the government to take care of you all your life, either.

    I am writing this here because a lot of us will have this problem in our life later on.





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  • amdee
    09-22 02:14 PM
    I asked 6 other H1B ppl today to register to this site.

    Hi all,

    Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
    Time: Sooner the better. Keep a goal to take a week to bring one new member.

    Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.

    No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!

    Thanks



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  • ss777
    12-01 07:35 PM
    It sometimes take longer than few days. During my years of getting AP's every year there are times I had my AP in hand within 3 days to almost 20 days. I am confident you will get your AP document much before the end of the month. Good luck with your travel plans.





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  • amsgc
    03-31 03:05 PM
    Thank you for sharing your experience.

    I am at a loss here, I wish I could tell you what to do. But, I would certainly go back and look at the 1040 instructions for 2004. Rules keep changing, and maybe what you did was the right thing to do.

    Perhaps there are others who can throw some light here.
    Ams


    Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
    Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?



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  • frostrated
    09-14 04:23 PM
    frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.

    Is it safe? Absolutely not. If your AP is denied, then there is no way of coming back. You would have travelled without a travel document to return with, and there is no way of applying for one from outside the country. In effect, you would have abandoned your application.
    In our case, we were pretty sure that we would be issued the travel doc, and we also had a backup plan, where we could still get a visa to return. The travel doc was mainly used to remove the uncertainity of a visa issuance.
    If you have no option for getting a visa, then I would not travel without the travel doc.





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  • andy garcia
    01-17 06:53 AM
    That is all I did a couple of years ago.
    I took the passport of my wife and that was it.





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  • sathish_gopalan
    10-18 12:41 PM
    You could send payment to
    donations@immigrationvoice.org paypal account for any
    amount that they would like to contribute. If you want to contribute 50$, then this is a good option

    This would require for them to have paypal account.





    Oasis52
    05-16 09:06 AM
    Thanks you are right on consular processing and you are also right that on transfer receipt one can start working

    But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.

    So thats something i am trying to sort out.





    v2neha
    04-07 05:50 PM
    When we applied for B2 extension for my parents-in-laws (for their second visit - not the first one), we did not have a decision until few days before expiry of their original I-94. I called the USCIS (it was INS or CIS at that time) and the customer rep told me that while a visa extension application is pending, their stay is authorized by the attorney general and their presence in the USA is not unlawful. If the application was denied, they would need to leave USA immediately to avoid accruing unlawful presence. The extension got approved eventually and they left the country before expiry of new I-94. Since then, they visited us three more times and we extended their stay one more time.

    However, please note that we had a very compelling reason, my son, their grandson was in critical condition undergoing a complex surgery both times their extensions were requested.



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