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Thursday, June 9, 2011

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  • saileshdude
    12-03 02:26 PM
    Good news obviously but I would not jump on it. 2 reasons - we need to make sure they don't keep this practice & second, I don't trust the source of information 100% based on past information.

    I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.

    I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.





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  • acruix
    06-19 12:58 PM
    I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?

    Please let me know.

    Thanks in advance!
    ~Anil





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  • guyfromsg
    07-30 08:14 PM
    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.

    By getting EAD you are not using it. When the company submits new I-9 form along with EAD that's when it get's "used". I'm in the same boat, will keep extnding H1 and also keep EAD as a backup





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  • sertasheep
    08-03 10:01 PM
    If PA members can't make it to the rally, I suggest that members can atleast cheer and meet up with other members who are in transit (eg, provide moral support, refreshments, by meeting at some rest area in MD or DE)

    Thoughts]?



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  • javadeveloper
    02-23 11:33 AM
    If you currently have health insurance, you can continue it using COBRA in case of a layoff. With the recent stimulus bill, the premiums has been slashed by 65% for 9 months which is significant.

    Oh really It's a Great news! I don't know this.So if we loose job and use cobra a family can get Insurance for about $250-$300 for 9 months.Do you have any link explaining this to get some more info?





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  • delhirocks
    07-02 11:55 AM
    ah well...atleast I can get back to work now, my productivity had dropped many folds since this drama started.

    Its time to make money for my beloved employer.;)



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  • ras
    05-28 01:57 PM
    If the fee is reduced then it will have impact on the number of personnel that USCIS can employ which inturn delays the whole application process. So rather with the fee let the USCIS have enough personnel to dispose of the cases.

    And of course as mentioned above it is good idea that the attorneys take less fee so the burden is less on the applicant. And may be USCIS could simplify and come up with application procedures such that there is not much of an attorney intervention to comply with the law.





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  • gc_buddy
    12-03 02:44 PM
    I agree. We should continue our efforrts with IV, PD_recapturing, ItsNotFunny, NK2006 and Chanduv

    I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.



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  • gc4me
    04-07 03:58 PM
    I was in the same situation. Got my I-140 through FOIA, my I-824 got rejected (applied both whichever comes first). Check the bellow thread that I created and posted my experience.

    http://immigrationvoice.org/forum/showthread.php?t=16863&highlight=FOIA

    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?

    Thanks





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  • Hey Ram GC
    05-05 04:22 PM
    RD is Jun 1st 07, ND is Jun 7th 07 - TSC



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  • smuggymba
    08-11 11:56 AM
    My wife got hers from:

    Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)

    The school actually asked to use them.





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  • chintapalli
    10-16 01:28 PM
    One of my friends got B1 Visa(business visa, it�s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.

    He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.

    My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
    He is planning to come to U.S in February 2009 on B1.

    Could any one please help us with your valuable suggestions for the following questions?

    Is it possible to come to U.S on B1 even after resigning the job?

    Is there any possibility that the company revoke his B1?

    What are the documents required to come to U.S on B1?

    Thanks in Advance



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  • xgoogle
    06-23 09:08 AM
    I had applied under EB-2 category and my priority date is: 3/3/2006.
    My I-485 was filed on 8/2/2007.
    My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.

    She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.

    My questions are:
    1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
    2. Will her EAD still be valid if I leave my job ?
    2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?

    Thanks a lot for your time and attention,





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  • ken
    04-09 02:40 PM
    just wondering if anyone is in the same boat...



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  • kart2007
    10-24 06:38 PM
    I have called the IRS for this scenario and the IRS rule is that the dependent has to be present in US for at least 180 days. Also they need to have an ITIN applied for (you can also apply for ITIN while filing your taxes).





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  • ashrock11
    01-11 07:13 AM
    Same as the H4 process for the first wife. Just carry all the papers with Divorce certificate.



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  • msgoud
    03-09 12:54 PM
    he is india
    he didnt go for interview,his wife went,and when was unable to answer few question they called my brother who was wiating outside for afternoon.





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  • number30
    04-04 02:08 PM
    Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?

    Call SS office they may give SS on phone or just go and ask them they will give you the number based on which you can apply for passport.

    If you apply PIO in person and pick it up in person It will take around week.





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  • pvganesh
    10-24 11:42 AM
    Thanks Ann Ruben.

    My PERM application requires experience as a 'systems analyst' in XYZ technology and i have experience/affidavit letters reflecting progressive experience in XYZ technology from last 7 years with minor difference in wording of job duties.

    We are seeking EB2 classification based on "five years of progressively responsible experience", i also have certifications in XYZ technology from last 3 to 4 years (not before starting work in XYZ technology) but i'm not sure if including these will help/complicate the case.. Could you please advise..Also, please give any additional points to take care while filing 140 with EB2 classification based on "five years of progressively responsible experience".


    Thanks
    PVGanesh





    cheg
    08-21 05:07 PM
    I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?

    My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...





    eblues
    09-09 07:44 PM
    Sorry for replying to myself & bumping the thread, but I've got more information on my case and I'd like to share just in case anyone else will end up in a similar situation in the future.

    I've tried to speak with an immigration attorney and with the flight school staff. The attorney initially told me there should not be any problems as long as I maintain my J-1 status by performing research full-time at the university; then he went on to check more carefully and became less convinced because full-load (> 18 hours a week) flight training requires a M-1 visa. I do not know if I should ask him to look deeper into the matter, as my situation will definitely not qualify as full load training (2-3 hours a week tops).

    On the other hand, the flight school staff contacted TSA people and talked with the Department of State. The TSA told that they are OK with my training as long as I get the appropriate clearance, which I did; the Department of State (as I have already states) basically said that if I'm legally in the country and the TSA is cool with it then I can train. I've also come to understand that I will not attend any formal classes (I will self-study the theoretical notions required) and that my practical training will amount to 2-3 hours a week at most.

    My understanding of the subject is that I would not be eligible for a M-1 visa, as in any case I will not be busy with flight training all the time. I also believe that were I to start flying this would not intefere with my J-1 status as long as I comply with all the requirements (i.e. work full-time on the project I've come to the US for, otherwise not work on or off-campus nor move to another university, etc.). Finally, from what I've heard, there seems to be no regulation against pursuing flight training for people that are already legally in the US if this does not constitue some sort of professional training, and flying light sport aircraft is what is more or less as far as it gets from professional flying.

    If anyone (whether an attorney or otherwise) notes any fallacy in my reasoning please let me know -- I still have time to stop and reconsider before committing to anything that might undermine my legal presence here in the US.

    Thank you everyone,
    Pierluigi