Friday, June 10, 2011

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  • GotFreedom?
    07-10 11:08 AM
    I have been facing this same situation for last 3 years. I could not work on several goverment contracts because they recognize only permanent residents to be elegible for working in those contracts although the documents for the contract said that the team members should have valid working authorization in the country. What a mess it is!!





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  • coolvigo
    11-15 11:53 AM
    I live in maple grove and I did not get it in last group since I changed employers in begining of this yr. But I do have PD from Aug'05.

    What about you Libra?





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  • gchopes
    10-23 09:22 AM
    Does Charlotte Office ASC have a day for walk-ins? Has any one of you done that and gotten their FP done on that day?

    gchopes





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  • doggy
    10-26 01:40 AM
    Huh??
    I'm just curious. How will the driver read "No right turn on red"? There is no sign for that.



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  • WTFever
    12-03 12:54 AM
    I have been thru K-1 crap and finally got my wife here from vietnam. I only have one last thing to say to you all......you should ALL be working for the red tape system. No one willing to take a second and offer ANY useful advice, which was my query. Instead I have not filled out the proper form, crossed all the T's and dotted the I's and can't get any help...form rejected....NEXT!





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  • chintu25
    09-15 12:38 PM
    I am in

    :rolleyes: Its about time



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  • ryan
    05-13 08:59 AM
    Hello -- How long does it usually take to get access to the donor forum? I've signed up for recurring contributions to the effort via Paypal yesterday and wondering when i'll be able to get access. I am not sure if this is the right place to post this or not but just curious..

    Admins -- I'd like to know as well please. I signed up for recurring contributions, send through a few emails to the admins. No response yet. Appreciate the access. Thanks





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  • snathan
    07-27 11:44 PM
    Hi All!

    Appreciate if you have any suggestion for my case:

    My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.

    USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.

    My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.

    I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.

    Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.

    Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.

    EB2 PD Date: Dec 2005.
    I-140 denied: 10 Dec 2009
    I-140 appealed: 05 Jan 2010
    I-140 sent to AAO: Feb 25 2010
    I-485 Denied: 31 Dec 2009
    I-485 appeal: none

    Appreciate your help and if you can point me in right direction.

    Thanks,
    Rocky


    The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.



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  • desi3933
    08-18 09:12 AM
    Gurus,
    Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".

    The reason specified in the letters:
    - Section 203(b)(2)(A)
    - 8 C.F.R 204.5(l)(3)(ii)(C)

    ........

    Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."

    The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.

    I have written many times on this issue, please refer to my old posts for more details.

    ______________
    Not a legal advice.





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  • chaukas
    06-14 06:46 PM
    Isn't the Alien Number the A# on the I-140 ?



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  • Pasgeboren zoon Doutzen Kroes



  • martinvisalaw
    06-29 10:30 AM
    Thank you so much Elaine for your quick response..

    So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..

    Your H-1B stays valid for as long as it is approved, even if you enter using AP.





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  • saint_2010
    07-11 05:21 PM
    hi saint, nothing against you, i wonder what is the freakin logic USCIS uses to decide on 2 year EAD approval, here i am with pd not being current for atleast next 2-3 years (given the halt of eb3-I), 2nd ead extn, in my 8th year of h1b, i got a one year EAD extn, where as a eb2 person gets a 1 year validity...i only wish we can know whats going in the minds of these decision makers..

    Non taken my friend. I was surprised myself to see 2 yr extns. I think they have some wierd fuzzy logic on approvals..which is beyond our intelligent minds:cool:.



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  • pappu
    04-30 12:17 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.





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  • matreen
    10-07 03:59 PM
    i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.

    wish you luck

    Don't you think if you're changing jobs and new job has to be fulltime with new employer? not contract?

    Can we invoke AC21 on temp contracting job?

    As you said if you go with contracing job where you will be running your payroll? Is it on your new owned company on your name? Or it has to be someone else name like spouse or friend?

    Thanks,
    Matt



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  • gcpadmavyuh
    10-07 11:08 PM
    Hi Parimmigv:

    Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.

    If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.

    If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.

    485 iteslf is a separate status called the adjustee or parolee status.

    Now to your questions:

    1. what status am I on right now ?
    Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.

    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.

    No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.

    3. How to move to EAD as I don't want to pay payroll fees ?.
    Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.

    BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
    attorney. I'm 99.99% sure of this.

    good luck!
    Hello:
    Can some please help me here ?.

    Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.

    I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-

    1. what status am I on right now ?
    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
    3. How to move to EAD as I don't want to pay payroll fees ?.

    Thanks,





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  • KanME
    11-05 03:16 AM
    87 Members ..That is Super...Hope you get to 100 soon...Good Luck Texas IV Team...!



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  • Munshi75
    06-13 02:09 PM
    Thanks for all the information. Mine and my spouse's I-140 was approved 2 years ago. So, I guess I can apply for my EAD and live in this country legally.


    This is the feeling I got reading from different forums for few months, as soon as your employer revokes your H1B, it might trigger a RFE from USCIS asking for all details and your employment. It will be difficult for you to deal with such a situation unless you immediately find another prospective employer. It is better to apply for EAD while on H1b beased on pending I-485.





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  • lax999
    08-11 12:43 PM
    My Info:
    PD: 05/2006
    RD: July-02-2007
    I140 Approved in 2006





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  • sukhyani
    01-27 10:51 AM
    Birth Certificate didnt have my name and my stupid lawyer had not submitted the employment letter. We then submitted my parents' affidavit, school records and employment letter.

    Later on my case was transferred to National Benefits Center and now this interview.





    member123
    09-17 10:10 AM
    Any idea what we are trying to achieve here?

    If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.

    the reason is to see the processing date relation with LUD, i am sure like we all can see that USCIS has no standard pattern.

    many of them has LUD 08/05...i read here that someone applied in april end in tsc lud before 8/05 got approved, and someone who has filed before april at tsc and lud 8/05 no update yet.

    which is my case too, so was trying to see if any one in the same boat like me and has any other update.





    nomi
    04-18 05:02 PM
    sorry for duplicate posting ..trying to post the poll on these questions.



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