Saturday, June 11, 2011

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  • roseball
    01-07 02:20 PM
    I want to apply for my OPT extension. I am currently on 12-month OPT.

    I am too close to my deadline. So guys please reply ASAP.

    I found 2 contradicting information on USCIS website.. Please help..

    USCIS - Instructions for Electronically Filing Form I-765 ( D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Who Is Eligible to e-File This Form

    Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.

    Category 274a.12(a)

    .. Blah Blah Blah

    (18) L Spouses

    Category 274a.12(c)

    (2) Dependent of TECRO E-1 Nonimmigrant
    (3)(a) Pre-Completion Opt 12 Months
    (3)(b) Post Completion Opt 12 Months
    (3)(c) 17-Month STEM Extension

    Allright so this says WE CAN

    Now look at this link

    USCIS - Application for Employment Authorization ( D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)

    Electronic Filing:

    Please note that the option to file Form I-765 electronically for the eligibility category (c)(3)(i) has been disabled. The option to file Form I-765 electronically for the new eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) is currently not available but will be available shortly. When this option becomes available, an update will be posted to this page. The option to file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.

    From above it says, WE CAN'T
    Any ideas any one ??

    Also my another question is with Form I-765
    Question 11. Date you applied for previous EAD ??

    Notice Date
    Receipt Date
    StartDate of Previous OPT
    ExpiryDate of Previos OPT
    Granted Date(How do i know that??)
    Received Date

    Thank you..

    From the above, it seems the option to file F-1 based OPT was available online at some point but for some reasons currently is disabled. So you cannot file online.

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  • dassumi
    11-18 10:54 AM
    Unfortunately there is no way around it. So in short, if you do not get your EAD in time, not only can you work but you cannot drive. Interesting times.

    Wonder how illegals manage their day to day stuff without being able to drive. Atleast in TX where there is no semblance of public transport.

    Sheriff Arapio will have a field day if he comes here.

    Do we need to go back and renew again after obtaining the new EAD ?

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  • meridiani.planum
    06-04 12:44 PM
    Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.

    You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.

    Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.

    though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
    Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).

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  • misanthrope
    05-10 06:07 PM
    What the heck do you mean by "we" are expecting?

    Who's "We".

    Just stop spreading random rumors. If u have anything credible to say then say so. Otherwise stop.

    I think its a royal we.


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  • manderson
    04-30 12:11 PM
    According to the WSJ Article today (4/30/07):
    Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress

    I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?

    I am really freaked out. Can someone please shed some light on this.

    (I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)

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  • SGP
    09-27 10:43 AM
    Thanks once again for the reply.

    When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?



    Sailing in exact same boat. Surely will appreciate replies from Raj.


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  • immilaw
    09-14 02:23 PM
    me: F1->OPT->H1 (same company all thru)->PERM-> I 140 ->retrogressed

    what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?

    what about stamping in a place like Dubai.. anyideas?

    I would go to Canada instead of Dubai.

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  • AB1275
    09-25 03:48 PM
    Thanks for your response.....

    What happens if I-140 gets revoked?
    The market situation isnt that great....What if I am unable to get a job prior to I-140 being revoked?
    Will my EAD be valid?


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  • jonty_11
    08-01 01:16 PM
    looks like she found out that the higher fees were only going to be used to hike the salary of executives at USCIS and not for increasing their efficiency....

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  • frostrated
    09-05 06:11 AM
    I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
    With Employer B, I have an approved EB2 140, but the priority date is in 2007.
    What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?


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  • nefrateedi
    08-09 11:46 AM
    Have you put a last date for cashing, on your check?? I just want to know how to do it?
    Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
    Thanks for your wisdom and help to the IV community.

    I believe August 17th was mentioned in his/her post because that is the last day USCIS will accept employment based applications as per the revised July visa bulletin. It does not have anything to do with a date on the check.

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  • GCPagla
    02-12 11:00 AM
    My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
    I am working on EAD now, which is valid through 07/06/2012.
    I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".

    Following are the details from my labor:

    Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
    develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.

    From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".

    Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?

    Thanks in advance.


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  • paulkurni
    06-17 04:24 PM
    I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.

    I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?

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  • frostrated
    10-26 02:07 PM
    EAD is required for only working IN the country. If you want to work for a company office that is located in the US, but perform the work remotely, then you need to have a legal status in the country where you are going to stay. The taxes you pay will be in the city where the office is located, not where you perform the work remotely. Just keep your EAD and AP current, and visit the US every now and then so as not to jeopardize your 485 application.


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  • ashkam
    02-25 01:00 PM
    She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..

    You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.

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  • JunRN
    08-21 11:30 AM
    Mine is two Receipting up-dates away.....but I am hoping to receive my RNs before that...:D

    Let's have some fun guys.! It's good to be worried and it's just normal. Some are just too stiff to others because the July 19th filer is asking for getting checks cashed and therefore some July 2 filers are pissed off because theirs are not yet cashed....Dude, let's face reality with USCIS...some people are really lucky to overtake others....


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  • katewill
    08-18 02:12 PM
    just being cautious the regular 140 aready submitted might take more time if resources are put to premium 140

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  • josecuervo
    08-11 10:46 AM
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    08-08 06:14 PM
    Thanks to everyone who replied.

    I have got sufficient replies so it looks like it is OK to do both H1 Stamping and landing together.

    Do you have any suggestions for the canadian places. I heard Vancouver is popular.
    Is one place better than another one..

    Any info will be really helpful

    05-04 01:41 AM
    Thanks shar533 for the response. I want to travel by road though and I do have a valid visa.

    I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.

    My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?


    Your pending AP does not get invalidated (or even come into picture) as you have a valid stamped visa (I am assuming) and your I-94 will be stamped as "Admitted" rather than "Paroled".

    It is the Green card application that is considered "abandoned" if you travel without a valid AP, IF you DON'T have a valid dual intent visa. This situation does not apply to you right now.

    Good luck with your trip!

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