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  • kumar1
    11-10 04:19 PM
    I am in the same situation. They say once you start using AP, H4 becomes invalid....my wife IS working on EAD, she was in India for a while and came back on H4, again resumed job on EAD...then we renewed her EAD and put her current status as H4.........no issues whatsoever.

    Use EAD, travel on H4......live life. I do not see any issue.



    LostInGCProcess,

    The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions

    Thanks,





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  • razis123
    01-17 08:57 PM
    yes..got laid off and now in the job hunting...i believe everyone has to bear the brunt of the lies of the wars





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  • vin13
    04-14 10:02 AM
    perfect....
    Yes i called the original civil surgeon and the tb test is going to cost $15 only and xray $40.

    I found the reason i got the rfe.
    I had a copy of the last tb test report.
    That civil surgeon forgot to check mark the tb test !!!!
    He checked a different section !!!

    I feel bad that i missed to read it!
    I could have rectified the darn doctor then and there.

    It was during the july fiasco. We were all in a hurry and tensed up.

    Thanks for your update.
    Once this rfe is cleared, i am going to sue that doctor for expenses!

    I feel sad that people dont do their jobs properly in this advanced country.

    you are complaining about the doctor who missed to check mark the tb test. Even you missed to fill in your profile.

    Please update your profile.
    Thanks





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  • mycyberimmigration
    09-26 04:10 PM
    Q1) i am applying for the first time for my i-485 that requires i-693 form.
    My question is, do i have to submit my i-485 together with my i-693, or do i have to apply first the i-485 form and then wait until i get a respond from the USCIS.
    I was told that i am supposed to wait for the respond from the USCIS after applying my
    i-485, and the USCIS will designate the doctors for my I-693, which means i cannot choose any doctors on my own. But in this reform , according to the users' discussion, so far i understand that you can apply for the i-693 form regardless if you have already applied for the i-485 form.
    Q2) To simplify my second question, while i am applying for my i-485, and before its submission to the USCIS, can i start making an appointment with my local Surgeon?



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  • Canadian_Dream
    10-19 02:15 PM
    That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.
    Also, an approved extsnsion with the new employer is by no means a approval of your valid status. Simply speaking, there are various H1B approvals granted "that were approvable at the time of application". This doesn't mean that status is valid for the entire duration, one has to maintain the status by keeping the job etc and meeting the other requirements of approved H1B petition. That's true for extensions too it MIGHT be valid/approvable at the time of filling when your I-140 was approved and not revoked. If revoked you could be potentially out of status if indeed that was the CONDITION of the approval.
    Unless we know that CONDITION of approval (it could be unconditional approval too but it must be stated) we are not sure. If the USCIS later clarifies that CONDITION it could be applied retroactively and that means one is out of status during the whole time after the I-140 was revoked.
    I am not saying this will happen but it is essential to find out the CONDITION of apporval whatever it may be.

    The USCIS has not taken any official position on whether they would allow the after I-140 3-year extension to be transferred to another employer.
    Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..

    As long as USCIS does not release any regulations...We can do this ....
    If asked officialy some attorneys say that it cannot be done and some are fine with that...

    Immigration laws are kind of applied sporadically and can be pushed to a certain extent





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  • pappu
    07-17 10:09 AM
    Texas
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications August 23, 2007

    Vermont
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications July 24, 2006

    Nebraska
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications September 08, 2007

    California
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications January 15, 2009

    Could you please update your profile with the dates so that it helps others.
    Since you wrote Dec 01 as your date and you are still pending, we can use such number of people info for advocacy purposes to show that despite the date advances/current for some people, they still do not have the approval. We have created IV tracker and this profile info fields for such purposes and thus urge everyone to keep their profiles updated. If you find someone with incomplete or fake profile, please politely urge them to update it or just ask them to write N/A so that we can help each other in fixing the immigration problem.
    Thanks



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  • kams
    06-15 02:36 PM
    Update -
    At Dr. Marcel Stern Walk in accepted. My wife just called me from the Doc., they said it's ok. You may have to sit there for couple of hours. So guys, run......





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  • telekinesis
    05-19 06:16 PM
    Still haven't had time to even open Photoshop, I'm hoping to get to it tonight. I get my new labtop on monday so I can work on the battles at work also and upload. My first volley or two will be lame, but by next week I'll have some more resources to work with and time. Expect it tonight or tomorrow morning.



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  • Ramba
    01-10 06:27 PM
    If he stayed for 180 days and used AC21 then AC21 WILL protect this person

    Not exactly. That person has more leverage, even if he/she does not worked 180 days after filing 485. How? If that first guy worked considerable period of time with that employer in H1B status, and if that guy was working with that employer when that (fradulant?) employer filed LC and 140, he has a strong intent to work for that employer. In no court employer can win. Even if that guy left with in 2 months after 485 filing date, he is so safe.

    Read the recent AC21 memo. It clarly says one can leave the sponsering employer before 6 months of 485 pending, if the intent is strong in both parties at the time of filing 485. The AC21 rule is that, a if 485 is not adjudicated in 180 days, it is a valid one for a new job which is similar to the orginal one. That does not mean that one has to wait atleast 6 months to change the job.

    Here is the part of memo

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.





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  • gg_ny
    09-20 10:30 AM
    As I am writing, I understand there are 1900 active members and 5800 members. Even if 50% of the members bring one new member each, there will be a tremendous increase. And this can be done via internet: web and emails. Set a target (50% increase?),deadline (Oct 31st?) and have weekly count of new additions displayed prominently. Democrats did that for Howard Dean's campaign and the model has been used for subsequent elections by both the parties.. There were many new members who were asking for rallies on streets. There are others who want to send flowers, 'Remember me' cards to lawmakers. A few others wanted to put up fliers in INdian and Chinese grocery stores. Even 20% of effort to carry out those activities would fetch at least one new member per old one, then the target can be achieved.

    IV core had been very voiceferous, when we needed to achieve the funding target in summer. Can they become more involved chalking out a plan to
    increase membership, if that really matters? In the membership enrollment form, if there is a field asking if some old members brought the applicant in, then we would know how many old ones really care to do something. Without personal outreach and contact, the rate of new additions will never increase.

    Each member has potentially minimum of two votes to spare 6 years from the day he or she gets GC. When presidential elections are decided by ~600 votes in a single voting district, even thousands of potential votes from IV community would appear to be a juicy carrot.

    In my work community, there are ~100 Chinese and Indian staffers. As far as I know,my Chinese colleagues, who are more in number and most are in some stage of GC, have not heard of IV or even SKIL bill. They don't need to as all of them are EB2 and hence they are retrogressed for just over an year. Among lesser numbered Indian-origin staffers, the story is the same. On my part, I can spread the word here and breath down the shoulders of some and get them in. I am working for a non-IT non-profit establishment. Just imagine, what happens if a personal quest for new members happen in an EB3-rich IT or finance sectors?

    Any suggestions for concrete plan of action? Without a plan, committment from some of us to act as catalysts and keep up the momentum this drive will not work. Bringing in at least one new member per old one is much better than rallying, sending flowers, chocalates, 'Do me a favor' cards etc.

    Are we upto this?

    Thanks everyone for being patient and supporting us. The work is happening at all ends and it is an uphill task.

    We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.

    Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us with.



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  • dummgelauft
    03-09 09:11 PM
    as per http://www.indianembassy.org/newsite/NEW%20PASSPORT.asp#1

    The following documents and fee are required to be submitted with the application:

    � After having filled the application online, print a copy.

    � Affix photograph as per specification in the box (do not staple photograph)

    � Old Passport (in original)

    � Additional booklet, if any, (in original)

    � Three recent passport size photographs (3.5 cm x 3.5 cm -front facial pose). Photograph should have only a white background. (Photograph with coloured or dark glasses or in uniform or in Polaroid prints or Computer prints will not be accepted). One photograph to be pasted on the space provided on the first page of the application form

    � Two proofs of residential address of the applicant, which may include current Driving License, Utility Bill, rent lease agreement showing the residential address.
    Photocopy of the first five and last two pages of the original / old passport;

    � Pages of passport showing US visa or Green Card (in original) Employment Authorization Card (in original) or other visa documents must be shown at the counter. A photocopy of the entire document / Card should be appended with the application (in case the application is sent by mail, a notarized copy of these documents should be sent);

    � In case application for Green Card or EAC or visa is pending/being processed, a copy of documents in support of this fact must be submitted;

    � In case the current passport does not contain the name of the spouse and the applicant wishes to have it entered in the new passport, copy of notarized marriage certificate must be submitted along with the application.

    I am confused with few things in the above list of reqd documents:

    1.It says white background , But I am only able get Cream colored background photos in CVS or Walgreen's
    2.When I went notary in Bank Of America , the lady at bank says that she can't do notary for any copy of the document , she says she can do notary for a Application form that is signed in front of her.Same with marriage certificate.

    I am confused and I need to travel by the end of this month.I need to drive 10 hrs 1-way to go to the consulate personally.


    You don't have to go. Use Fedex or UPS overnite, both ways. Pay the extra $100.0 for the "Tatkal" Service"
    Make copies of the documents that you need to get notarized, On each copy, write the following:
    "I (your name), do here by solemnly declare and affirm that this document is a true copy of the original doument"
    Signed
    (Your Name)
    Date
    Now, be careful. The notaries in some states need a specific language, like the one given below:
    SAMPLE ACKNOWLEDGMENT

    Commonwealth of Pennsylvania )
    )SS:
    County of )

    On this, the________day of __________, 20____, before me a notary public, the undersigned officer, personally appeared________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained.

    In witness hereof, I hereunto set my hand and official seal.

    ___________________________ Notary Public


    In that case, get this language from the notary and do some copy/paste stuff using a printer, scanner or copier and add this statement to the bottom of your document, BELOW your signature.





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  • alp_waj
    11-08 02:05 PM
    Murthy's lawyer suggested Consular processing as an option.

    She explained that in Consular processing I still need continued Sponsorship from my firm, but it will revoke my 485 application. I will end up filling bunch of forms with USCI, including 824.

    This was my PD will remain intact and when it becomes current, I will have to go to Indian Consulate and get Immigrant Visa from there.

    IN this whole process My firm needs to continue sponsor my GC processing. Advantage is : I don't have to come and renew my EAD and AP every year.



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  • rameshvaid
    06-22 01:39 PM
    Hello,

    My application also returned for the same reason (no I485 receipt notice attached) from Phoenix. Not sure what to do at this time. I never received I485 receipt notices. Hence, I have attached biometric notices in place I485 receipt notices. I have added a cover letter requesting to expedite the process. I am not sure if this request caused some mental disturbance on the person who is supposed to work on my application and may have sent me rejected notice.

    I got my wife's and sons entire packet back with the exact remarks, "Incorrect Check amount and no I 485 attached". I had both correct amount of 340.00 and Copy of I 140 attached..I e-filed on June 15th again and waiting to see this time what excuses they come out with now..I did get the receipt notices for both of them yesterday.. What a joke??





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  • ragz4u
    08-31 09:41 AM
    Some key points I heard -

    Looks like US Chamber of Commerce supports tougher security and more immigration

    The spokesman thinks that immigration bill passing this year is a longshot but a lot has been built for it to pass in 2007.

    Kinda support Hutchison Pence but they are not comfy letting people leave and then come back. They think people will be stranded (workability issue)

    Believe that Prez Bush is doing all he can but House reps are doing all they can just to ensure they win elections.



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  • gsrknth
    03-09 05:02 PM
    I would suggest you to renew it here in US. If you don't have time to mail in and receive , then you can visit the consulate and get in back the same day. I am sure it would lot of time in India :-)





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  • GCBatman
    01-07 09:16 AM
    Another bad news
    How it will going effect the folks working here (from Satyam)
    http://www.bloomberg.com/apps/news?pid=20601091&sid=aSR2iC3g2LAQ&refer=india



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  • 485Mbe4001
    07-19 07:34 PM
    i am on my 3rd year of waiting for name check to clear, i hope the congress woman does something about name checks too. That nightmare is worse than anything at USCIS, there is no one who has been able to help or expediate with name check, even the congressman i contacted said they can do nothing about it besides ask for a status.


    There are over 339,000 people stuck in name check - this is done for naturalization and 485. I can bet you this will be the next battle because a lot people who have filed 485 will get stuck in this black hole, where this no accountability by FBI to individuals because the "client" is USCIS and last quarter there were 400 law suits (Writ of Madamus etc) to force USCIS and FBI to do their jobs. It would be best if setting time limits for name checks are included in IVs goals now itself. No point in jumping from the frying pan if one is going to eventually land in the fire. The name check snares a lot of Indians, Chinese, middle easterners, russians etc. Most people stuck in the name check have never been involved with the law - go figure the algorithm FBI uses to trawl the ocean bed!





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  • geniousatwork
    04-14 01:38 PM
    Congratulations!!!





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  • kondur_007
    08-31 02:22 PM
    Under Post decision activity it will mention a date :

    "we approved this petition and sent it on date -->

    This date is when they mailed your green card.

    If you do not receive it in 7 days after that date (that is mentioned on "post decision activity" message, you need to check with your local post man/post office and then consider infopass to see what has happened.

    The card comes in a "neutral looking envelope" with "return service requested"marked on it and upper left corner has address of Nebraska or Missouri (two places where they are produced). Nothing else on that envelope (it is slightly large than norma envelope): keep looking for it in your mail.

    Good Lcuk.





    ivar
    06-30 02:37 PM
    My old I-140 is still active so it was safe while porting. I am not sure what happens if the old I-140 is revoked, sorry i don't have answer for this..

    HI Ivar,

    So in your case, did your older employer cancel or withdraw the I - 140 or it was active. Do you know if you can still port the priorty date if the I140 is withdrawn by the older employer. I have looked at most of the forums and haven't found a concrete answer to this question.





    bach007
    11-19 09:24 PM
    I received an RFE too in Nov 1st week. It was about the evaluation. (It was submitted earlier but still) Lawyer mailed them the required document and now the status has changed to "We received your response to the request on Nov 14th and the case processing has resumed".

    How many days does it take them now to make a decision? (Btw I am EB3 and my 140 submission date was Nov 2006)



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