Tuesday, June 14, 2011

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  • fromnaija
    09-21 04:26 PM
    Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.

    I doubt if a Masters qualifies for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.

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  • deba
    10-27 10:36 AM
    Tecnically I-140, labor cert belongs to the company. But it is always good to have a copy. I do not think it is necessary to have these docs to invoke AC21. Also, you may not necessarily get RFE for using AC21 either.

    Contrib $900 so far
    EB2 India PD 03/05
    I140 09/07
    I485 07/07

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  • waiting_4_gc
    07-18 06:48 PM
    Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.

    Its going to be another lawsuit :confused:

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  • sundevil
    03-23 12:19 PM
    RIP .....

    The report does not say that they were not wearing seat belts.


    I read in this (http://www.ksdk.com/news/local/story.aspx?storyid=170404&catid=3) report that none of the 4 students were wearing seat belts. Please always wear your seat belts.

    My prayers are with their families


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  • krishnam70
    11-20 03:51 PM
    Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.

    Right on the money.

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  • geevikram
    05-10 08:00 AM
    One sensible post after a long time. I guess people(including me) are desperate that any piece of news gets them excited..


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  • jungalee43
    08-26 02:36 PM
    My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
    On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
    In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
    The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
    Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
    What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.

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  • Dhundhun
    06-25 02:16 AM
    Thanks for replying.

    For question number 3 can you give more details. What is AVR.
    Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.

    so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.

    AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

    AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.

    As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

    Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    You have valid Visa.

    #1. You go to India and when you come back, you get new I94.

    #2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

    #3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?


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  • raysaikat
    07-13 11:05 PM
    Hi Everyone,

    Is it really necessary to inform USCIS of change of address.

    Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.

    Will appreciate your views.

    It is the law that you file AR-11 within (I think) 10 days after moving to a new address. If you do not do say, technically they can deport you. So send the AR-11 form with proof of sending. You can also submit AR-11 form online.

    You should also change the address on the USCIS site. This operation is different from AR-11 submission.

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  • eImmigJr
    10-23 07:37 PM
    Mine is a similiar case, would like to add more info to this post.

    LCA certified as computer programmer in EB3. PD 2004.
    Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.

    I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).

    Questions that I am not clear about is.
    1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?

    My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.

    Gurus, please advice if this approach is correct.

    Thanks in advance.


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  • mariner5555
    04-03 04:09 PM

    My husband and my EAD and AP renewal time is approaching. We were thinking to do it ourselves but we don't know how to do it.

    Could you please guide us in self filing?

    a) Is there E- renewals? What about photographs for such renewals?

    b) What documents are required for renewing?

    c) Where can we find information regarding EAD and AP renewals?

    Please help us. Thank you very much.

    o.k ..here is the link
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
    let me ask something related ..guys please reply.
    which is better - using efile or by sending the application by mail ?
    if sending it by mail - do you have to go for fingerprinting ??
    I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!

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  • Lasantha
    02-20 11:09 AM
    I would think No too.

    Dear All..need expert guidance on my situation.

    1) Company A. Approved I-140 and LC for more than 6 months in 2006

    2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.

    3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?

    I assume answer is No but thought I will get some expert guidance.

    Thanks for your help


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  • mybid2003
    01-09 04:37 PM
    Similar most common agreement with most of us is that, we cannot directly or indirectly join direct/indirect client for a period of 12 months. (I don't have the agreement right in front of me). But I think you get the picture. If not, I can post in detail in the evening.

    In such case, lets say I completed my project at client A thru company A. Four months after leaving the client place (while working at Client B thru same Company A), I get the offer directly from the client A for a permanent position. (Company A still has big presence at client A. Would I be able to join Client A without any hassle? OR is it a waste of time/money to try this option?

    Also can anyone also please let me know how to if I can join higher compensation package with invoking AC21 OR transferring the H1? (I am in 8th year of my H1 and have an EAD). Can we have additional job responsibilities than what is listed in the LC?

    Pls let me know.

    Thanks in Advance!!!

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  • randomdude
    04-21 09:31 AM
    From the replies it looks like the H1 can indeed be applied for. The debatable issue is whether the H1 is valid for 3 more years or two....but thats not a pressing matter at this time...


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  • BeCoolGuy
    04-04 07:27 AM
    https://efiling.uscis.dhs.gov/efile/ allows you to efile your applications. Not all can be efiled, but the EAD and AP can be! For sure.

    Max you can do is 180 days in advance. It is unnecessary for the most part. But won't say it is not advised. Only some folks have experienced delays in getting their EADs on time, and such events, its always to be earlier than late in filing.

    In terms of processing - and which one is better - i would assume e-file is slightly faster. Only difference is USCIS gets paid a lot faster. One may be required to do FPs in any case. It doesnt matter, if they need new fingerprints, they'll ask for it. After efiling, USCIS may still ask you to send supporting documents to their mailing address, along witha printout of the receipt of efiling. Other benefit of e-filing is, that you get your EAC (Receipt # stating that appln has been filed) right away. That is a huge benefit according to me, than anything else, for efiling. Other one is ofcourse, you dont pay to your lawyer for that processing fees.


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  • sdrblr
    08-09 06:18 PM
    reason # 13.
    USCIS says....if we do it the right away, then what will you all do...

    there will be no IV
    no checking this site over the weekend
    no complaining (to be read as B******g)
    no Ombudsman (he needs to be fired) ..no lobby group in DC..they all will lose their job.. USCIS is improving the economy :D


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  • TheOmbudsman
    09-01 04:16 PM
    My favorites are "The Bee" and Learning01.

    me too. I am a big fan of bee, logiclife, sunjoshi.

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  • pappu
    02-13 03:32 PM
    Congratulations. Could you update your profile please.

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  • sriniks
    12-07 06:01 PM
    For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.

    For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.

    Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?

    I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.


    07-13 02:38 PM
    The Conrad 30 J-1 physician waiver program is good news.

    IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.

    Paskal may have to update the group on the provisions that went into the final amendment.

    05-10 04:39 PM
    Does anyone know what is the official term for your legal status if you are on EAD and no longer on H-1? I am trying to fill up an online form for opening an IRA and it asks whether I am
    a) Citizen of US or Permanent Resident or
    b) Citizen of Another Country and specifically, under what status (but only lists B, H, etc as valid visas - there is not EAD visa category!)

    Of course, I am not a Permanent Resident yet but I don't believe I qualify under H visa anymore either since my H1 is not valid any longer.

    Thanks for you help.

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