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  • sathyaraj
    11-14 01:16 PM
    My opinion is not to waste to get the replacement EAD as it is already approved. As per my understanding most of the employers do want only the copy of the EAD card for verification purposes. My wife was never been asked EAD card when she was attending interviews. They needed only copies.

    Also if you still want to apply, see whether you can apply for renewal card so that you would atlz get an extra year from your current card's expiry date.

    It is better to inform USCIS though just to prevent any possible identity theft.

    P.S. I am not a lawyer. This is just my thoughts!





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  • longq
    03-29 11:30 PM
    If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -

    :-)

    Filing second PERM LC and EB2-140 for a higher level position may not consitute a fraud, if employer already filed EB3 I140. Going in downwards direction will looks like fraud.

    My simple question,: Forget PD porting for a second.. In 140 form employer has to write reason that why second 140 was applied. In this case, what reason employer should write? Will they say that they are depromoting to lower level job.
    Any way, it all depends on USCIS adjudicator. If he overlooks he may get benefit, otherwise it will be a problem for him.





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  • REQUIRE_GC
    08-15 05:12 AM
    My PD is Aug 2003. Filed in June 2007.:mad::mad:

    Mine is March 2004 and Filed on July 23 2007:mad::mad:





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  • delhirocks
    07-18 07:13 PM
    Reason for rejection is at that time visa numbers were not available.

    Whats your PD...Iam assuming you applied in 05/2005 because the vb said your dates were current.



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  • msyedy
    12-13 11:30 AM
    CIR agenda in 100 hours not days..........





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  • james_bond_007
    04-03 01:57 AM
    thank you roseball.. I already booked an infopass appointment for Monday. If the additional review is done by DHS, will contacting the Ombudsman's office help in anyway ? anybody have experience in resolving the "additional review" , please update.



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  • chantu
    09-18 10:13 PM
    I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:

    1) Is it necessary to book tickets in India?

    2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?

    Please reply with your experiences.

    Thanks in advance!





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  • summitpointe
    09-21 06:37 AM
    Better go to Delhi. You should not have any problems as you're a returning worker.



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  • micofrost
    09-05 10:48 PM
    Hi,

    My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:

    1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?

    2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?

    3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.

    Appreciate your help.

    Thanks
    1. You need to file Change Of Status, I-539.
    2. She can go back to H1 any time. It won't be counted against the new quota. Her H4 period won't be counted against her H1 period.
    3. It doesnt have to be stampled unless she goes out of the country. Otherwise, during applying H1 for second time, she need to show her H4 status(I797 with H4), which she will get once her I539 is approved.





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  • smartboy75
    07-17 07:13 PM
    Just a thought..if your lawyer has all the papers...he should also have your Medical examination report.....If you decide to file on your own where are you going to get the medical examination enveloe from ??? Hope u have thought about it



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  • girishvar
    08-21 11:50 AM
    I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.

    On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.

    On our return in two days our greencard was also approved without any RFEs.

    Again it depends on I/O in the port of entry I guess.





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  • amitjoey
    07-05 12:24 PM
    Yes, I agree that AILF is taking care of the lawsuit and it will run its own course. Talking to senators and sending them email and letters will help, but more than that it is the media that we need to focus. Please all help out with the media drive, send emails and letters to media.



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  • gg_ny
    02-16 02:56 PM
    http://www.immigrationportal.com/archive/index.php/t-191393.html

    Please find answers to your question here. I forgot the actual pages from USCIS red book but a simple logic states that 485 background screening is atrociously longer than the one done after filing for H1B application. That means they are different (or ought to be).



    Am I understanding this right ?

    FOR H1/L1 They do a FBI background check

    FOR I-485/CP They do a Name Check

    Regarding long names, longer the better as told by my lawyer! I think they do a series of checks with: common variants, substring matches, binomial match etc. Hence (assuming you are from India) if you are (for eg.) Randy Kumar or Randy Krishnamurthysarma, you can take a guess which combination would be less common..
    This is intended in a not-so-serious sense as I dont have any insight or inside view of FBI functionings...


    Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.





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  • diptam
    02-24 04:30 PM
    The rule is if company B files a Labor 365 days before your H expiration then that H could be extended. However L visa probably doesn't have a specified time limit like 6 yrs. So theoretically you could let companyB file Perm and I-140 for you and keep working in Company A till your Priority date become current and you get EAD.

    But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.

    The choice is yours !

    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.



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  • agv
    03-19 12:16 PM
    profile updated..can u help now?





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  • bpratap
    08-18 04:33 PM
    I don't think Address change (AR 11) will invoke any RFE.

    It will definitely get a LUD on the i-485, as its referring the address change to I-485

    I have changed address twice in the last 2 years, filing AR-11 online. Its quite straight forward and simple.

    Please don't be scared to move ur Apartments / home due to pending I-485



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  • LOL123
    07-30 11:25 AM
    I am currently working on EAD. My current EAD expires on September 9th 2008. I have e - filed for the renewal EAD on June 13th. The way Texas center is processing it may take a while befoire i get the renewal EAD. My question is - Can I continue working on EAD with the receipt notice of renewal EAD?





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  • gemini23
    11-21 10:30 AM
    the above scenario was if you were mnaintaing H1 status. if you are working using EAD then ofcourse your current status wont be H1 bur AOS hence you will send proof of that.

    The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.

    Thanks waitingforlong. And the proof of AOS would be 485 receipts right?





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  • dexter
    12-16 02:45 PM
    Hi Charles,

    Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?

    The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?

    Thanks





    crazymish
    03-05 02:15 PM
    Hi People,

    I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.

    I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.

    Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.

    Would appreciate a little insight here.

    Thx,
    M





    GCNaseeb
    10-31 01:39 PM
    I just called USCIS and spoke to an Immigration Officer. He said I have to resubmit both I-131 and I-765 alongwith original EAD and AP document to the service center from where I received both my EAD and AP. I also need to submit copy of original forms or a birth certificate to prove the error from USCIS in order to waive fees.

    He also said Infopass is only for enquiry and won't help in typographical errors.

    I guess, whole new process would take another 3-4 months; what a mess :mad:



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