Friday, June 17, 2011

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  • sunny1000
    11-14 01:24 PM
    My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.

    The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.

    I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.

    Any inputs from people with similar experience?

    Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.




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  • fromnaija
    07-20 04:59 PM
    I'll be checking the source of this. I'll be glad if you could point me in the right direction. Thanks.
    However, this does not apply to the first poster (juz4forums). But it does answer the question of the second poster(immiguy).


    Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.

    The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.


    ____________________
    Not a legal advice.




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  • pappu
    01-21 11:54 PM
    i cud tell my frnds in diffrnt uni's about it to spread the message in thier ISA
    Thanks. Any little help from any member is useful in this effort. Imagine the sumtotal of all efforts if every member helps us in some way or another!




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  • jchan
    05-05 09:59 AM
    If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..

    So how can we influence them through this 'public commenting' period? Would that make any change at all?



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  • desidas
    01-22 08:01 PM
    What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?

    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK




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  • vnsriv
    07-19 01:53 PM
    I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.


    You can file spouse 485 later but not always
    --------------------------------------------------------------------------------

    Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.

    EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
    My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
    We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that

    Key:
    1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
    2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
    3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
    4. Follow visa bulletin as soon as dates are current get medical test completed
    5. File her 485 (Make sure USCIS receives it after the dates become current)
    (If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
    6. What if you are married before GC approval but get approved before her 485 is filed
    1. Spouse out of USA
    No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
    2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
    File 485 as a derivative no special processing
    3. Spouse in USA as your dependent ( i.e. H4 etc.)
    he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.


    Please talk to a reputed lawyer before doing any thing.
    My story
    EB3 RIR PD Jul 2002,
    Filed I-485 in Jun 2005 was not married at that time
    Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
    Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
    Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.



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  • anilsal
    08-05 08:34 PM
    To capture unused visa numbers we need to make DC rally big, so lets go to DC on sept 13th and make it big success.......

    Nice....;)

    Also we need everyone to help out in spreading IV work at the local level (state level). Plus IV welcomes contributions. :)




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  • maximus
    11-07 12:38 PM
    Yeah uscis is pin pointing from anything to everything. Some case they are asking for client letters, which is usually tough for a consultant to get, but nothing to worry for genuine cases.



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  • immigrationvoice1
    02-27 02:23 PM
    Hope this documents appears in the sites run by the "anti-employment based immigrants" supporters.




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  • inskrish
    02-18 02:22 PM
    From this guide, it looks like immigration visa expenses are not tax deductable. http://www.jamesdance.com/deductions.htm



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  • srarao
    07-21 11:03 PM
    Hello,
    When I first took my medical tests for I-485 with a doctor, the doctor put an additional document stating that: "I have a positive PPD that was read as 9mm of induration. A NORMAL chest x-ray was read. The patient is refered to their PCP or County Health Department for evaluation and possible treatment with INH for 9 months".

    Now I received the RFE from CIS asking for the following:

    "The form I-693 submitted is hereby returned because you TB test results were not documented appropriately. Additional documentation submitted from Civil Surgeon indicates that you were possibly being refered to the County Health Department for evaluation and have received teh follow up treatment.
    The I-693 form must be properly endorsed by Civil Surgeon to reflect the following:

    -> The date you first refered to the local health dept for evaluation
    -> Name and address of the health dept
    -> results of the X-ray and other TB test
    -> Based on which you are medically cleared for adjustment status
    "
    If anyone had similar experiences, please let me know how to proceed on this issue.

    PS: I got very late appointment with County Health department, so If I go to a private TB specialist and If I take the results to the original doctor and can he able to update my I-693 based on the TB specialist results?
    If I go on 9 month medication will CIS wait 9 months to further process my petition or hold my EAD status?
    If I go to a new doctor and If he gives me a new set of medical results, will CIS overlook previous doctor's comments?
    I dont have much time as I just had 20 days left to send back my results to CIS.

    Thanks for yor help.
    Ravi




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  • lvinaykumar
    05-14 01:04 PM
    i dont see change in any of the dates...... :D



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  • phillyag
    07-20 02:01 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?
    1. Can I apply EAD myself?
    2. will I get in trouble if I do not have EAD and my H1 expires?
    3. Can I move to new employer using AC21 without EAD?




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  • wonderlust
    07-19 12:17 AM
    :confused:
    My lawyer siad it is not necessary to have either W2 or Tax return documents for I485. I read the filing instruction about 4-5 times and did not find this requirement.

    I did not send mine. Hope it's not a problem.
    W



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  • redddiv
    07-11 08:03 AM
    i liv ein boca raton




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  • chanduv23
    11-14 09:23 PM
    State chapters help organize and train members for lawmaker meets and it is very essential that we as a community stand up and speak for ourselves.

    It is very essential that we meet our lawmakers.

    Join the State Chapters now and meet your lawmakers



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  • Jeff Wheeler
    11-27 04:36 AM
    Hmm... I didn't know about AIR issues you mentioned.. ;( On PC it works great, and people at Adobe (as I can see on videos) use Mac OS as their primary OS.

    AIR on Linux is in beta, and it�s no question why. It�s a second-class citizen.


    btw considering Mono... We had an ASP.NET app that had to be ported to Linux.. We did it with Mono, but... there were huge problems with memory leaks.. So colleague had to rewrite it completely in PHP.. So, my (bad) experience tells me not to use .NET on Linux... Perhaps they fixed it though? Ugh, somehow I don't believe that Microsoft cares for any other OS but its own.. ?

    ASP.NET may be different from normal .NET apps, but there are many first-class C# apps that run in Mono�s runtime environment that can be ported from *nix to even OS X.

    I can�t speak for your experiences, but if you rewrote it in PHP, it probably wasn�t intended to a normal GUI app in the first place. PHP is an odd replacement, if so.




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  • browncow
    06-08 10:53 PM
    I do not support this.

    one, We simply do not want a temporary fix to our big genuine bureaucratic issue. and two, we are not alone, there are others who are filing/have filed labor/i140s and are waiting to file 485s.

    also, it will mellow down our resolve to overcome this injustice.
    money is really not the issue, as if they issue a 10 year EAD, they are definitely gonna make it that much more expensive, and USCIS cannot delay EAD APs, as that would make our case even stronger.




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  • hopeful08
    04-21 02:19 PM
    I wanted to inform the community that our GC is finally approved... I just checked my email hoping against hope that I might see some good news and good news is what I saw...
    This is a tremendous relief to us.
    They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.

    Good luck to everybody else and hope you all the best.


    Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.




    mrdelhiite
    07-10 03:19 PM
    sent i140 PP on thursday 28th june reached on 29th june (friday) approval letter received on 3rd Tuesday.

    -M




    ita
    01-23 01:26 PM
    Thank you very much for all the replies.

    Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?

    Thank you.



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