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  • OLDMONK
    07-27 05:12 PM
    If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?

    As per my knowledge you may be able to change status while remaining in US.. you may do that with Form I539. Check out this form and read through all categories. To make sure consult an attorney.

    http://www.uscis.gov/files/form/i-539.pdf




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  • gc_chahiye
    09-14 03:23 PM
    call the attorney who is working on your case and ask if it's a good idea to go...

    You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.

    exactly! All Attorneys both privately and on their websites (murthy / matthew oh / greg siskind/carl shusterman etc) are all saying we NEED to make it to this rally. This is the last and best hope!




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  • ossidon
    08-06 12:12 PM
    Wandmaker, Congratulations!

    I am hopeful too since like you my I140 had a LUD on 7/13. I am a Dec 04 EB2 filer and have an Infopass tomorrow to know the 485 status.




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  • tikka
    05-29 09:52 PM
    Oh I did not know that one person can send webfax for each state.

    When I click that link it said "You have already sent it"

    I'll check again now

    please do

    thank you



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  • gcwait2007
    05-14 06:49 PM
    It all depends on which country she belongs to.

    If she belongs to heavily retrogressed countries, she would be better off with consular processing.




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  • singhsa3
    08-29 01:22 PM
    I think they had understanding of RD all along. The reason I say that is anytime I contacted IO or went to InfoPass they had this information.
    What was different then was that they had all applications in sets of boxes, which had random applications.
    Now thinking logically, it would take them lots of efforts to sort that mess out. And the best way out is to retrogress to a point where the available number of visas will be utilized as well a degree of fairness can be achieved.
    Published dates are only a general ballpark information to indicate where are for the remaining cases. Havn't they already granted visas to those filed in August/Sept '07?

    This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.

    They should better post where they are based on PDs, and work based on that too.



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  • xela
    06-18 07:55 AM
    I never saw a change from the April 30th LUD and got the CPO yesterday.

    So dont get too concerend if after the receipt notice LUDs you do not see any movement, seems like it goes straight from that to CPO!

    Good luck for everyone who is still waiting! :)




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  • Project_A
    05-16 08:17 AM
    May I know if H1 transfer has any affect on parent�s arrival during the transfer? I sponsored their visa using company A's employment letters and they have a valid visa. Do I need to get a letter from my new employer to avoid issues at POE? At the time of parent�s arrival, I would be working for company A, but by the time they return, I will be switching to company B and moving to a different city. My H1 transfer is already in process.



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  • soneC
    06-15 01:10 PM
    Dear Ms. Martin:

    Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:

    1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?

    2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?

    3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?

    4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?

    5. Please give me a fee quote for I-485/EAD/AP?

    Thank you so much. I am looking forward to your reply.



    Sincerely




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  • pani_6
    03-20 09:57 AM
    Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..

    So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)



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  • mantagon
    07-16 08:23 AM
    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.

    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.




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  • arc
    04-14 09:50 AM
    You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?

    On a side note:
    If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?

    The person I know who got GC before the PD was current, debated for sometime asked his lawyer etc... but it was whoever's mistake, they have got to honor it... he decided to keep the GC act dumb and njoy life.:D.. by the way even if you get a GC when PD is current they reserve the right to revoke... check with lawyer and decide for yourself !!!



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  • lj_rr
    07-24 12:04 AM
    Unfortunately No, Sometimes an early GC is a curse..

    She must have had any idea before getting married. What was her consideration and how she thought of bringing him here to U.S?




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  • gc28262
    03-26 09:28 PM
    I never heard this? Any references to confirm this?

    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf

    The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.

    http://smithgarg.com/article-overcoming-violations.aspx

    Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.



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  • tikka
    08-06 09:48 AM
    ...bump...


    I will be there..




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  • tnite
    08-09 10:39 PM
    bump



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  • rajenk
    11-27 12:43 PM
    Currently there is no way you can substitute a labor certification. Your post saying "Now the consulting firm is saying that they have substituted a labor for him" could you be more specific what "Substitution" means in this context?

    I am forewarning not to get cheated!

    Thanks
    Raj




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  • mrsr
    02-20 11:13 AM
    InterFiling Help please gurus...




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  • wandmaker
    10-23 01:05 PM
    Hi,

    My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
    As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.

    Will there be any problem due to that at port of entry?

    Do she also need to carry travel insurance along with her?

    Thanks in advance.

    Buy a two way ticket with future date and adjust the later according to her comfort. With one-way ticket, your in-law will have a problem in convincing a POE officer that she will return. Do the math!




    Nagireddi
    07-16 04:53 PM
    Admin :
    This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?

    I agree with you strongly, with microfrost. I have heard people talking about their country men are stupid, driving on the wrong side and bla bla...... Comeon guys have some self respect and watch out, when you speak.
    Somebody gave you red, I just turnred it to green.




    lunar
    07-21 11:43 AM
    I Agree it is better not to take risk. But why is this an issue after 3 years of working from home. Next question is If I ask my lawyer not to renew my H1B and only work on EAD does DOL have an issue ? is that risk worth taking. Moving my family entirely for this reason is not a good option.



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