Sunday, June 12, 2011

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  • narikg
    06-15 11:09 PM
    Passport should be valid for more than 6 months for applying I 485.
    If somebody can answer that would begreat





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  • sunny1000
    02-03 05:45 PM
    Hello -

    Its been 30 days since my AP was mailed to me as per USCIS notification and I have not yet received it, but on other hand we receiver my wifes AP with in 3 days of approval.

    Can you guys suggest if I have to wait little longer or assume its lost in mail and apply for new one.

    Did any one on this forum experience more than 30 days to receive there AP since document mailed notification from USCIS.

    I would appreciate your suggestions/comment.

    Peace.

    I would suggest that you call the customer service number, since it is over 30 days, to find out what is going on.





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  • mrajatish
    05-25 11:08 PM
    My personal thanks to QG&A - but the battle is still not over, this is just the beginning. We need QG&A more than ever.





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  • chanduv23
    02-24 07:17 AM
    this is what i know

    since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process

    u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months

    again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action

    btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?

    Looks like the OP works for a consulting company and his contract seems to be ending. Seems like there are no contract opportunities at this time but there are fulltime opportunities that match his profile.

    His employer does not want him to leave the company but at the same time does not want any issues with benching so asked him to work using EAD during his last week.

    His employer also threatening to withdraw 140 support if he leaves.

    OP - as long as u r having a new job in hand, AC21 works just fine, so don't worry too much.



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  • eb3retro
    10-20 06:41 PM
    1. What's been done I'm fully aware of and I'm NOT asking to confirm the current state of this.
    2. It is perfectly normal to ask what is done in this case? And if anybody had experience with that? and If anybody is aware of any appeal processes/clauses that will shield a person who fell out of status from the 10 year bar.
    3. Believe me for me it is a hard situation which I'm trying to get a clue how to deal with.

    i am really surprised that you are here asking these questions again and again even after many people telling that we do not support illegal activities. I am not sure which part of it you dont understand. IF you are expecting sympathy for your illegal activities, you have come to the wrong place my friend. Please re-read above answers from other members telling you to contact a lawyer. Reason you are in a hard situation now is because you have taken some wrong steps in the past knowingly or unknowingly. So, please do not expect any short cut solutions for your problems here or for that matter anywhere else. That will only land you in more trouble.





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  • unitednations
    02-27 12:27 PM
    Hi all

    I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
    I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
    I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
    Thank you!!


    This is why consulates and uscis are so tough.

    You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.

    Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.

    Sorry, not much good news for you.



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  • Bhaskar_80
    06-10 02:29 PM
    Thanks for your immediate response, gnutin and thomachan72.

    Mr.gnutin,

    Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

    As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

    1. If my labor from my previous employer (A) is approved (which in my case)
    2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

    Thanks and Regards,





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  • indianabacklog
    10-12 07:27 AM
    I am scheduling an Infopass appointment at my local USCIS office in the hope of getting an interim EAD. It has been more than 90 days since they received my application.

    I have a few questions:

    1. What do i need to bring?
    2. What should i expect?
    3. What kind of questions would they ask?


    Your experience in this matter is great appreciated!

    Thanks in advance!


    Take your original receipt notice and the infopass appointment sheet so you will be let in to talk to someone.

    The officer there will email/call/get in touch with the service center who is processing your EAD application to see what is happening. The reality is that normally you will get your 'actual' EAD within two weeks from then. It takes as much time to produce and send an interim card (also big waste of money) as it does for them to adjudicate your application.

    It really is no big deal.



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  • desi3933
    03-27 01:29 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    Is that time period listed on G-325a (Applicant's employment last five years)?





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  • optimystic
    04-06 11:41 PM
    there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.

    I can't say how much weight this statment holds...

    I mean, there are ongoing discussions in other posts about some employers reluctant to accept EAD holders (willing to use AC21) since they may have to do some amount of 'sponsorship' for such people and suggestions that these people claim that they don't need any 'sponsorship' theoretically from the employers ...they can file EAD extensions themselves.....

    In light of that it seems as if once you invoke AC21 you can choose to support your I-485 status & EAD, attorneys etc completely yourself, and thus the concept of 'sposoring employer' totally vanishes.

    Its possible that USCIS can still hold you to the (diluted)intent of "continuing to work in the same job role as originally claimed in I-140/I-485" for a general period of time after getting GC, but not necessarily stick with the same current employer. The AC21 invokers already cut themselves off from the original sponsor....doesn't make much sense to force them to stick to current employer, who may or may not have sponsored anything at all towards the employee's GC.


    So AC21 invokers get a degree of freedom ( --can't tell what level of freedom though, with the impending restrictions possibly in future in AC21 -- ) regarding showing the *original intent* after getting GC.

    And since people stuck with same original sponsoring employer and get GC while still with them, can not invoke AC21 after getting GC to port their "original intent", it seems they would continue to be stuck with the same employer for 6-12 more months (unless fired/laid off of course, in which case one becomes a free bird :) )

    [Not sure if I put my line of thiking properly in the above paragraphs...if you get confused, please ignore the post :) . It would definitely have been worse, if I tried to speak , rather that write this :D )



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  • saibaba
    03-31 02:21 PM
    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?





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  • Mahatma
    08-15 03:41 PM
    Congrats and enjoy the green!

    Thanks for your continued interest.

    Have a great independence day!



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  • bfadlia
    05-27 08:09 AM
    My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??


    I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.





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  • jettu77
    07-17 06:40 PM
    So, they were decided on July 13th itself...

    Department of State Publication 9514
    CA/VO:July 13, 2007



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  • reddog
    04-17 12:00 PM
    My passport expires in 6 months. What is the earliest time before passport expiry can I apply for my Indian passport renewal. How long will it take to process it.

    You can renew your passport 1 year in advance and for less than 6 months after expiry.
    The processing time depends on the consulate you are applying to.
    However, it usually takes under a month to get it processed. Most consulate offices do have the tatkal system, if you need it in a week.

    http://www.cgisf.org/passport/ppts_npp.html





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  • asdfgh
    10-15 12:04 PM
    Received Transfer notice from CSC to NSC...originally filed at TSC.
    No Receipt Notice, EAD, AP or FP.:mad:


    friends,

    Today i recieved transfer notice from CSC to TSC but no reciept notice yet. Am i going to recieve reciept notice also?



    I485 filled on July 31, 2007



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  • karthkc
    03-27 05:47 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.

    What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.

    In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.

    If it does come up during adjudication, a good attorney should be able to compose a response accordingly.

    Hope that helps!

    --Karthik





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  • vamsi_poondla
    01-18 02:39 PM
    All the best....Floridans....hope you will write the letters this weekend without fail..We need to do this simple thing to show our strength.





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  • jonty_11
    03-26 04:53 PM
    I agree. Sometimes I think I will be a little bit sad when I receive the green card because I would miss this daily excitments! As the saying goes "Its the Journey that matters, not the destination"
    I have to disagree...in this case its the Destination!!!





    kurtz_wolfgang
    08-15 12:27 PM
    Please Help Gurus....:confused::confused::confused:





    lazycis
    04-17 04:51 PM
    see http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf