Monday, June 13, 2011

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  • leo_loco
    10-21 08:31 PM
    Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

    1. Can I travel and enter on my H1 even if my AP is approved/pending?
    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?


    Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

    Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

    Thanks for all your help!!





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  • CADude
    07-02 03:05 PM
    People can married because date are current. :D INDEED AMERICA IS GOOD PLACE. :p

    USCIS and DOS played ping pong on us.

    USCIS played June Fool.

    We are panned.

    I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.

    I planned to leave my company in 6 months. Now again I am struck.

    I decided to marry a girl just because the dates are current. Now I am struck.

    Oh USCIS(GOD)!!, Why did you do this me?





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  • Sandeep
    03-08 07:28 AM
    Pl. find here some more stuff about DOL/BEC and PERM.

    http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html


    I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
    The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
    Page 212
    "The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
    "ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."





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  • MyGCPath
    10-23 01:51 PM
    I have received my Card recently. See my signature for detail information.

    I need advice/thoughts from you (Guys/Guru's) on some of the questions below. Any response will be really appreciated.

    1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?

    2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?

    3. Anything i should be aware or concern about these situation?



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  • ita
    11-07 02:33 PM
    I moved last week but told my roommate to accept this mail that I was expecting from Immigration.

    I guess she removed my name from the mail box.

    Today I went online to check the status on my EAD and the status says the card we returned as undelivered and they asked me to call customer service to update address.

    I'm planning to go online and get my address changed .

    Should I also call them to inform about the address change?

    Is there any other way I can get my EAD card rather than wait till I update my address?

    Can I change my address over the weekend? If I have to call them after changing the address online will the customer service be available over the weekend ?


    Thank you.





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  • waitnwatch
    06-04 03:15 PM
    As an F1 student you can surely apply for EB2-NIW. Being from India you will not be able to file an I-485 concurrently as EB2 priority dates are not current. On the other hand you may file for EB1-A and I-485 concurrently. Getting approval under any of these categories is not trivial though as there are a lot of things to prove to the USCIS's satisfaction.

    One thing to note is that you may have trouble renewing an F1 visa from a consulate in India if you have a permanent residence petition pending. This is because an F1 visa is a non-immigrant visa with an intent to return to home country on completion of study. Filing for permanent residence will show that you are a potential immigrant and so donot fulfil the terms and condition for an F1 visa and will be a reason for denial.

    Hope this help .........I'm not a lawyer though.



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  • raysaikat
    05-04 03:41 AM
    Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

    1. What are my next steps?
    -

    1. File a report with your local police station. Get a copy of the report number, etc., and keep it for future reference.

    2. Inform the Indian consulate. They should be able to give him a new passport.

    For the rest, my *guess* is that you need to get in touch with the local USCIS office, or the airport immigration in order to get a copy of his I-94, and next time he has to go to US consulate in India (home country) for a new visa stamp.





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  • samcam
    10-24 01:59 PM
    Thanks Chanduv23! Hopefully it will be a RFE :)



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  • PD_Dec2002
    08-27 05:00 PM
    thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?

    No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).

    Thanks,
    Jayant





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  • PD_Dec2002
    08-27 04:53 PM
    I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

    this is very important.

    Depends on who the primary applicant is.

    Thanks,
    Jayant



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  • suwarnapatel
    07-28 05:47 PM
    Thanks Elaine, I may have misrepresented myself all I wanted to ask is:

    1. If I apply for a second one, will they cancel my previous one?

    2. Will it affect any future chance? And you did say, no to that. Thank you for your response.

    Regards,
    SP





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  • ujjvalkoul
    07-19 11:36 AM
    LOoks like ur employer has not given you this (I-485 w/EAD)option. It may be that he wants to milk u a little furthur.



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  • deecha
    07-16 09:45 PM
    deecha is looking for a deig!
    What's a deig ?





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  • sammyb
    10-09 04:01 PM
    chandu... seems am only one visiting this thread ... lets see how many people responds ... :D


    Come on folks - all the way to Riverhead we have tonnes of people living in these areas affected by Retrogression.

    EAD is not a solution - EAD just makes our life a bit easier than on h1b - the struggle continues even on EAD.

    How can you expect govt to fix your problem if you lack motivation?

    Lets start mobilizing the chapter

    Remember, we are no VIPs, we are in a mass distribution system and no one has special previlidges here, your lives won't change uless you motivate yourselves and speak up for yourselves.

    We need a very strong resprsentation from everyone in the community.

    Ignoring our requests only puts all of us in a tougher situation



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  • kanshul
    02-01 10:40 AM
    Client forcing you is very typical.

    Here is an option to consider: can your employer (who I am assuming is a small desi firm) file your GC though another sister firm (not unusual) in EB2. Assuming that you get it, and retain your PD, you should be able to get your GC within a year if there is no audit in labor / 140. Remember in EB2 the date for Indian is Jan 05 and your PD is before that.

    Assuming that you can't keep PD if employer withdraws 140; I would recommed going that route even if you have to find another client.

    Also, check with an attorney to find out about PD as you may be able to keep it even if 140 is withdrawn. In that case you can join any company (even your client ) and start GC through EB2.





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  • gc_on_demand
    09-09 02:23 PM
    These references are from the statement made on 24th June 2009. Nothing after that !!!!!!!!!!
    :rolleyes:

    CIR could not even get passed in 06 . 07 and right now economy is down so no hope for it. May be Obama wants to keep hope alive in Hispanic Voters so dems can win election in Nov 2010. Health Care is lagging behind schedule and it is very hard for him to press. How can people support CIR....?

    also Hispanic caucus will not allow piecemeal until CIR fails. So I don't see even little ray of hope for recapture. Now left over is admin fixes. God knows what can be done under admin fixes..



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  • mailsunnydeol
    08-07 11:53 AM
    Progress so far:
    Aug 3: Card Production Ordered email received
    Aug 6: Approval Notice Sent email received
    Aug 7: Welcome Notice Received by Lawyer





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  • amazing_grace
    01-10 04:07 PM
    HI HUDSON,
    KINDLY PLEASE EXPLAIN THIS TO ME IF YOU HAVE AN IDEA ABOUT IT.
    I CAME INTO THE COUNTRY AS IMMIGRANT AFTER TWO YEARS OF MARRIAGE WITH MY US CITIZEN WIFE.THOUGH MY PASSPORT WAS STAMP AT THE PORT OF ENTRY JUNE 8, 2008.AND THE IMMIGRATION OFFCIER AT THE PORT OF ENTRY WROTE IR1 ON MY STAMP PASSPORT.BUT ABOUT THREE WEEKS LATER I RECIEVE A LETTER FROM THE USCIS THAT A CARD WAS CREATED AND MAIL TO THE ADDRESS WE HAVE ON FILE BUT WAS RETURN UNDELIVERED BY THE POST OFFICE.6 MONTHS AFTER MY ARRIVAL TO US THE CARD WAS ALSO RESENT TO ME UNDELIVERED AFTER I MOVING WITH MY WIFE TO ANOTHER BIGER APARTMENT WITHING THE SAME ADDRESS. THOUGH I NEVER KNEW THE PROCESSES OF CHANGING OR INFORMING THE USCIS OF CHANGE OF ADDRESS BUT I DID UNDERSTAND NOW WITH THE HELP PF THIS LOVELY SIDE AND OPEPEL LIKE YOU AND I DID THAT STRAIGHT AHEAD.I CALLED THE USCIS ON 31ST OF DECEMBER,2008 TO INFORM THEM OF MY NEW ADRESS AND I MAIL FORM AR-11 ON EXPRESS TO THEIR OFFICE IN LONDON,KY.BECOUSE WHEN I CALLED USCIS OF THE CHANGE OF ADDRESS I WAS ALSO TOLD TO FILL THE FORM ON THEIR WEBSIDTE AND ALSO DOWNLOAD THE FORM FILL IT AND MAIL. THE USCIS SAID EVEN THOUGH THEY HAVE CHANGE MY ADDRESS ON PHONE.THEY MAIL WAS DELIVERED TO THEM ON THE JANUARY 9,2009. TIME WAS 12.30P.M..SO THIS WAS THE MAIL I GOT FROM THEM ONLINE AFTER TRACKING MY CASE..
    Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

    Current Status: Card mailed to applicant.

    On January 9, 2009, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service.

    THEY SAID THIS WAS A NEW CARD. I WANT TO KNOW DO THEY DISTROY THE FIRST CARD THAT WAS SEND TO ME OR IS THIS NEW CARD WAS THE LPR(GREEN) CARD THAT HAVE 10 YEARS OF EXPIRATION? PLS URGENT REPLY THANKS

    HI ANYONE,
    KINDLY PLEASE EXPLAIN THIS TO ME IF YOU HAVE AN IDEA ABOUT IT.
    I CAME INTO THE COUNTRY AS IMMIGRANT AFTER TWO YEARS OF MARRIAGE WITH MY US CITIZEN WIFE.THOUGH MY PASSPORT WAS STAMP AT THE PORT OF ENTRY JUNE 8, 2008.AND THE IMMIGRATION OFFCIER AT THE PORT OF ENTRY WROTE IR1 ON MY STAMP PASSPORT.BUT ABOUT THREE WEEKS LATER I RECIEVE A LETTER FROM THE USCIS THAT A CARD WAS CREATED AND MAIL TO THE ADDRESS WE HAVE ON FILE BUT WAS RETURN UNDELIVERED BY THE POST OFFICE.6 MONTHS AFTER MY ARRIVAL TO US THE CARD WAS ALSO RESENT TO ME UNDELIVERED AFTER I MOVING WITH MY WIFE TO ANOTHER BIGER APARTMENT WITHING THE SAME ADDRESS. THOUGH I NEVER KNEW THE PROCESSES OF CHANGING OR INFORMING THE USCIS OF CHANGE OF ADDRESS BUT I DID UNDERSTAND NOW WITH THE HELP PF THIS LOVELY SIDE AND OPEPEL LIKE YOU AND I DID THAT STRAIGHT AHEAD.I CALLED THE USCIS ON 31ST OF DECEMBER,2008 TO INFORM THEM OF MY NEW ADRESS AND I MAIL FORM AR-11 ON EXPRESS TO THEIR OFFICE IN LONDON,KY.BECOUSE WHEN I CALLED USCIS OF THE CHANGE OF ADDRESS I WAS ALSO TOLD TO FILL THE FORM ON THEIR WEBSIDTE AND ALSO DOWNLOAD THE FORM FILL IT AND MAIL. THE USCIS SAID EVEN THOUGH THEY HAVE CHANGE MY ADDRESS ON PHONE.THEY MAIL WAS DELIVERED TO THEM ON THE JANUARY 9,2009. TIME WAS 12.30P.M..SO THIS WAS THE MAIL I GOT FROM THEM ONLINE AFTER TRACKING MY CASE..
    Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

    Current Status: Card mailed to applicant.

    On January 9, 2009, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service.

    THEY SAID THIS WAS A NEW CARD. I WANT TO KNOW DO THEY DISTROY THE FIRST CARD THAT WAS SEND TO ME OR IS THIS NEW CARD WAS THE LPR(GREEN) CARD THAT HAVE 10 YEARS OF EXPIRATION? PLS URGENT REPLY THANKS

    HI ANYONE,
    KINDLY PLEASE EXPLAIN THIS TO ME IF YOU HAVE AN IDEA ABOUT IT.
    I CAME INTO THE COUNTRY AS IMMIGRANT AFTER TWO YEARS OF MARRIAGE WITH MY US CITIZEN WIFE.THOUGH MY PASSPORT WAS STAMP AT THE PORT OF ENTRY JUNE 8, 2008.AND THE IMMIGRATION OFFCIER AT THE PORT OF ENTRY WROTE IR1 ON MY STAMP PASSPORT.BUT ABOUT THREE WEEKS LATER I RECIEVE A LETTER FROM THE USCIS THAT A CARD WAS CREATED AND MAIL TO THE ADDRESS WE HAVE ON FILE BUT WAS RETURN UNDELIVERED BY THE POST OFFICE.6 MONTHS AFTER MY ARRIVAL TO US THE CARD WAS ALSO RESENT TO ME UNDELIVERED AFTER I MOVING WITH MY WIFE TO ANOTHER BIGER APARTMENT WITHING THE SAME ADDRESS. THOUGH I NEVER KNEW THE PROCESSES OF CHANGING OR INFORMING THE USCIS OF CHANGE OF ADDRESS BUT I DID UNDERSTAND NOW WITH THE HELP PF THIS LOVELY SIDE AND OPEPEL LIKE YOU AND I DID THAT STRAIGHT AHEAD.I CALLED THE USCIS ON 31ST OF DECEMBER,2008 TO INFORM THEM OF MY NEW ADRESS AND I MAIL FORM AR-11 ON EXPRESS TO THEIR OFFICE IN LONDON,KY.BECOUSE WHEN I CALLED USCIS OF THE CHANGE OF ADDRESS I WAS ALSO TOLD TO FILL THE FORM ON THEIR WEBSIDTE AND ALSO DOWNLOAD THE FORM FILL IT AND MAIL. THE USCIS SAID EVEN THOUGH THEY HAVE CHANGE MY ADDRESS ON PHONE.THEY MAIL WAS DELIVERED TO THEM ON THE JANUARY 9,2009. TIME WAS 12.30P.M..SO THIS WAS THE MAIL I GOT FROM THEM ONLINE AFTER TRACKING MY CASE..
    Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

    Current Status: Card mailed to applicant.

    On January 9, 2009, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service.

    THEY SAID THIS WAS A NEW CARD. I WANT TO KNOW DO THEY DISTROY THE FIRST CARD THAT WAS SEND TO ME OR IS THIS NEW CARD WAS THE LPR(GREEN) CARD THAT HAVE 10 YEARS OF EXPIRATION? PLS URGENT REPLY THANKS





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  • vikramy
    07-10 05:06 AM
    Hello,

    One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
    I think this is more of ignorance about EAD.

    Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.





    kangaroo70
    08-17 09:29 PM
    meet_rayhan:

    how long did it take for you to get denial reason from DOL? my lawyer got notice today, but they don't know reason for denial yet.





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    04-24 09:56 PM
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