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  • Charles H. Kuck
    12-16 02:16 PM
    File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.

    Best regards,
    Charles





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  • ashkam
    03-09 08:59 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

    If she's not working anymore what does the I9 form have to do with anything?

    To the OP, no, she doesn't have to do anything. She is automatically transitioned into AOS status (assuming the I-485 was already applied when she stopped working).





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  • gccovet
    05-08 07:52 AM
    Hi,

    It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.

    Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?

    Thanks
    Bob


    Several of us received soft LUD on I-485 during April 2nd week through 1st week of May, there are several threads discussing that.
    GCCovet





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  • jsb
    09-07 11:02 AM
    ...
    If I do not block my checks my worry is that it might create duplicate cases.
    Yes in my second set of application I did mention the reason why I am filing the second time

    Your attorney is correct. Stop Payment can be a bad spot on you. It is like giving somebody phony money. Receiver think he/she is receiving something, but it proves to be nothing. Everything else, e.g. writing to USCIS for withdrawing your second app etc. or otherwise hoping that they will reject it, is ok



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  • arnab221
    10-29 03:11 PM
    Source: NumbersUSA.com

    A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.

    --------------------
    I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.


    Right.. Here they go again . I heard "ENFORCEMENT ONLY" Bills from the past 2 years now . The White House has a "NO MATCH" rule which was exactly like the SAVE :D Act ( How do they come up with these names ) ? The NO MATCH rule was blocked 2 times in a row by US Judges . I wonder why do they waste time drafting these non starters. Waste of paper and Printer ink is at the most that these Bills go to .. "SAVE" the trees at least .





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  • redelite
    08-19 10:32 AM
    I'll try to get one up sometime today along with a YA RLY one, I got a few ideas up in my noggin'..



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  • raysaikat
    07-25 10:34 AM
    Hi,

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?

    Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).

    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?

    Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).



    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?

    That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.



    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?

    She cannot work while she is in H-4. There is no such thing as "2-month gap"!



    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.

    Thanks,

    A. Singh

    No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.





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  • vinaypuri
    03-01 05:28 PM
    You should be able too. I am in a same spot as you. I am loosing hope on American GC.



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  • srinivas72
    02-03 09:53 AM
    Some please respond about my status...





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  • jsb
    11-01 12:24 PM
    I'm from ROW, my spouse and me both have EAD and AP. But our I-485 is pending. My spouse isn't working but would be travelling to Germany next year while I won't be travelling with her.

    1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?

    2. How soon will the service center accept the renewal applications before they expire?

    3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?

    4. What paper work do I need to submit with my applications for renewal either by online or manual?

    5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?

    Experts please advice.

    It is better to keep EAD and AP current, instead of letting them expire to save a few bucks. Renewing something expired raises eyebrows. Renewal instructions come with EAD and AP. There is no need of a lawyer. Renewals are simple process.



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  • RadioactveChimp
    04-16 02:02 AM
    yes yes I know...let's leave this in the past alright? :lol:





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  • CADude
    09-28 11:46 AM
    :D:D

    After a lots of effort I got chance to meet the great man J.B. Wow he was very nice. I told hime everything and showed the FedEx print out which he signed for the 485 delivery.

    He appologised several times and went inside to the mail room after 40 minutes he came with a +'ve result with another appologies for his mistake. He told that the some of the packages are piled under the desk (hiding for the eyes) and he coudn't move the packages to clearks room. He moved a bunch of fedEx package to the clearks room, and took mine seperate from the bunch and put a note to the cleark saying his mistakes.

    I thanked him and went to hotel room, after couple of hours I got call from MR.J.B and gave the receipt # for my whole family. I thanked him for the courtosy and afternnon I again I went to meet J.B and thanked again and tiped around $ 100, suddenly he started yelling at me...oh man..this was my fault, and u tiping for Nonsence....I got panicked and start sweating....
    .
    .
    .
    .
    .
    .
    .
    .
    .
    .
    .
    .
    .
    .Then I got up from my bed, I don't know what happend after that, could anyone please help me to findout what happend?
    .
    .
    .
    .
    .
    .
    .
    .
    Oh I had a nice dream, Is'nt?....:)

    Folks I was frustrated and no one is to cheer up me, So I made this and no bad intensions, Sorry if I hurt anyone.



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  • authrd
    07-26 02:09 PM
    If they don't specifically ask for all previous I-94 and I-797 to prove lawful presence since first entry, then it's alright I suppose.





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  • ampudhukode
    03-24 03:53 PM
    spbpsg,

    Thank you for the reply. Is that what people normally in this circumstance do ?

    ampudhukode

    No need of exp letter, just take offer letter and recent pay subs.



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  • SGP
    09-21 12:10 PM
    Yes I changed job and my new company did the EB2 filing. It took roughly 9 months from starting the Ad, recruitment efforts, filing and approval.

    Thanks for the information. Really appreciate it.





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  • bestin
    10-21 09:40 PM
    140 APPROVED.

    In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.


    Good luck to all waiting for approval.



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  • pmamp
    07-13 09:41 AM
    Done.





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  • gc_chahiye
    07-12 11:22 PM
    5. All can apply as per the old bulletin
    Already ruled out

    why? I thought this was the consensus on the other thread atleast.





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  • kopguy
    06-09 12:05 PM
    Marketplace, a popular radio business program talks about the necessity to ease green cards for educated immigrants.

    http://marketplace.publicradio.org/display/web/2009/06/08/pm_entrepreneurship/





    sandy_anand
    10-04 01:30 PM
    It was not supposed to be shown to Indians on IV

    Did you not read on the page
    [������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
    BTW: Please do not let Indian know it :-)

    Traitor.

    I hope you were just kidding about the "traitor" comment :-)





    gauravsh
    05-04 01:23 PM
    :) when you are in India, you are NOT on H1B status.
    So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
    The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.

    So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.

    But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.

    Thank you sir!!