Thursday, June 23, 2011

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  • jayleno
    09-23 12:32 PM
    Soft LUD for me. It was so soft that it didnt even update the date.
    New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case

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  • GooblyWoobly
    10-17 03:47 PM
    interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
    Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer

    This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
    1. Non-immigrant status (H1B/H4 etc).
    2. Pending AOS status.

    You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.

    I might be wrong though.

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  • venky08
    12-20 11:51 AM
    the way i did it is i applied over internet using online AR-11 form. I did not apply by mail. Then, the next day, I called my lawyer's office and told them to contact USCIS to make them aware that my address has been changed on the petitions that are under consideration. For the people who use the online change of address path, i think everybody should know that there is more to it than just hitting submit button to AR-11. It then takes you further to ask whether do you have any pending petitions with USCIS. then you are supposed to say yes (if you do) and then it will take you to a screen where you provide your case numbers etc. however I couldnt get to that step due to some glitch so i decided to call my lawyer's office to have them finish that step. They simply called and informed USCIS of the address change.

    hope this helps.

    Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?

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  • gc_chahiye
    12-18 12:49 PM
    I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.

    good point. Also keep in mind:
    - you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
    - recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.


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  • wait4ever
    11-21 11:58 AM
    Don't hide anonymously like a Turkey. Eat Turkey (Fight for your cause)

    Happy Thanksgiving

    Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!

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  • bongopondit
    07-27 12:53 AM
    You can apply for a PCC from Regional Passport Office. I got mine for Rs.300/- at the Passport office in just 2 days and its very simple. If you want a PCC from Police Department its a big hassle in India, you can approach only the Superintendent/Commissioner's Office to request one. Mostly Police in India demand money for these kind of simple things, its nothing but "bribe" which I'm against.

    Hi edaltsis,

    can you tell me which RPO you went to to get the PCC done ? We are in a similar boat. Consulate interview coming up, we are in Australia, local consulate giving us a hard time - saying they will need 2 months to get a PCC !!!! So planning to go to Kolkata to get it done.

    Hi bluez25

    As far as I could make it out, you dont have to have all the documents at VFS - you can submit your PCC at the time of the interview. I remember reading somewhere in the Mumbai Consulate website that you can even submit all your documents at the interview, but you have to pay the courier fees at VFS 10-7 working days in advance. Hope this helps.

    Also, for you and anyone else attending Consular Processing, I got this in an e-mail from the Mumbai Consulate:

    "Yes, you may bring a PCC from the Regional Passport Office in India. Also, if you can, you may get a PCC from the police certificate from the local police station in addition to the PCC from RPO. The PCC from the local police station is not compulsory, but the other PCC is a must from the RPO."


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  • gondalguru
    07-26 06:56 PM

    I did change the title. I apologise about the original title which i accept was ambiguous.

    however, I was not making any assumption.

    if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"

    No need to worry. Keep all the documents - paystubs - visa stamps etc since your last entry. Thats all uscis asks.

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  • bombay
    02-14 05:21 PM
    either way we are screwed. The only option is to support IV, Send letters and tell others to do the same too.
    BE ACTIVE in IV's action items

    PD Oct 06
    I485 filed
    I-140 approved + 180 days + job change soon

    Live life with Passion. Forget Green card and other worries. Everyday think What did i learn today.


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  • gconmymind
    09-12 06:00 PM
    I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.

    1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
    2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
    3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
    4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?

    Thank you.

    I found paper filing easier than e-file. Even with e-filing, you still need to mail your pictures.

    1. You can file AP even after the first one expires. But I filed for renewal 3 months before expiry.
    2. AP form has the TSC address. I used USPS.
    3. If you are the applicant, what is the need to sign Part 9? It is self-explanatory.
    4. There is no Notice of Appearance form if you are representing yourself and doing a self-filing.

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  • sam_hoosier
    07-19 02:11 PM
    Try this -


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  • Lasantha
    12-13 09:25 AM
    How come you got two red square thingies with just one post? :confused::eek::cool::D

    The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

    The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

    EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


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  • number30
    03-27 01:47 PM
    I have an EAD and am in the process of buying a business.
    How long do I have to wait in order to apply for GC?

    If you own more then 5% in the company you cannot sponsor GC for you self or your family members.


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  • Ann Ruben
    06-30 11:26 PM
    have you been employed by Company B? If so, for what dates do you have paystubs?

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  • zdash
    10-26 03:11 PM
    DREAM act just got shot in the heart but it's still alive. On September 22, 2010, Richard Durbin introduced the bill once again along with Richard Lugar.
    I don't know what you mean by starting the GC process, you mean file I485?


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  • Maverick_2008
    04-16 10:14 AM
    Thank you all for your input. Now that I have a better perspective, I'll play my cards accordingly.


    When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.

    Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.

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  • champu
    02-18 07:31 PM
    Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
    You will lose H1B status if and ONLY IF, you use EAD.

    AP is only a re-entry permit and has no effect on your immigration status.

    Vivek -

    I have similar situation.
    Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
    Please let me know. Thanks


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  • redgreen
    01-31 11:53 AM
    I saw the same thing in my online status, in october. What I got is a finger print notice which was originally sent to my old address which was on the I-485 application form. They redirected to it to the current address on file.

    This is my guess: Since the online status has only few options, and may be the person who is updating it put it as 'document sent' and the one similar to that is the last one with 'Document production ....".

    What I heard is, before they mail your GC, you will get a letter saying your I-485 is accepted. I never got that. I called USCIS and 'human robots' didn't have any idea on this, but they said my I-485 is still in the processing stage.

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  • prem_goel
    08-18 07:31 PM
    most likely if your app has been already pre-adjudicated (meaning you are outside the processing dates of 485 and life has been cool so far), then I would guess life would continue to be cool.

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  • Administrator2
    12-09 10:47 AM
    Dream Act 'Motion to proceed' passes with 59 to 40 votes.

    It goes for cloture vote, which require 60 votes.

    03-09 10:55 AM
    Thanks. Could you tell me more details if possible through a PM? I applied last year. During that month PD had gone from 2004 to 2003 to 2000 to U and then back to 2003. My PD was March 15 2004. Yes I could have waited for PD to become current and of course I would have preferred EAD for my wife. But you know as well as I do how the PD movement is. There is no way to tell what the PD will be next month. Knowing how these consultancies work we had investigated a lot. We talked to couple of people who had worked for him and they recommended him. They said they haldnt got any trouble from him. So we went ahead. I agree it was a mistake. But anyway whats done is done. Now just looking ahead.

    I am new to this PD business as you can see from my profile I have no dates (yeah stupid me!!) employer working on perm application.Anyways, you can PM me or we can discuss here as it may help others too.

    12-12 05:05 AM
    Guys, I guess almost everybody is done with their finger printing by now. I am wondering what is the status of everybody's I-485 application on the case-status-online website after finger printing? Mine is showing some weird status, so I thought I better check with others.

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