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  • snathan
    06-10 09:18 AM
    I am very thankful for such a generous response in such a short span of time.


    I have everything back with me except I-94 and VISA ( which can be had in india).






    I owe this forum a lot.....:) and i will have to repay it ...

    I am happy to know that your 'thefted' issue is solved . Is there any way you can help IV. There is a fund drive going on to solve some immigrant issue. If possible please contribute.




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  • kaisersose
    10-28 11:40 PM
    We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.

    Can anyone let me know what documents are required to show up at SSN office while applying SSN.


    Thanks,
    Sury

    You got an EAD for your kid? What is the minimum age for a kid to be eligible for an EAD?

    The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.




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  • njboy
    05-30 06:49 PM
    the reason she was denied is because she is young




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  • rajuram
    11-14 10:00 PM
    It is 200% certain that the politicians will not touch the immigration topic in the next one year. Even after best efforts of the president the immigration bill failed in the senate few months ago.

    One and only one thing that can be tried before Nov 2008 is the recapture of visa numbers from the last five years. I think IV should push for that.

    Other than the above not much can happen, get ready for really long cold winter and then a looong hot summer. I wish things were better.



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  • mast_mastmunda
    11-10 04:13 PM
    Hi,

    Thanks for the reply and sorry for creating multiple threads.

    - First H1B Employer "A"
    -----------------------------
    Approved: Oct 2006
    Stamped: December 2006
    Visa stamp valid till : Oct' 2009
    H1B transferred to Employer "B" : June 2007
    Traveling to India: November ' 2008

    On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
    I have moved to Employer "B" by that time.

    The Status of I-797 for Employer "A" on USCIS website got changed
    to "Cable sent to American Consulate or port of entry notifying them of approval.".

    My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?

    If yes, doesn't that means that I will NOT be able to use that H1B
    visa stamping and *new* I-797 from Employer "B" at port of entry?

    Thanks again..look forward to your response




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  • cbpds
    10-05 10:07 PM
    I am asked to show my I 797 form by the Indian officer once I land in India from USA, not just once every single time :)



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  • nixstor
    06-30 06:35 PM
    Any thing related to EB immigration, whether it be H1B cap/VB/Retrogression, it has been spreading like wild fire and traveling faster than the speed of wire. On one occasion, I felt that we and lawyers are probably giving more input to the USCIS. Some rumor/educated guess kicks off some where and it ends up in the lap of USCIS. Like H1B cap. People predicted and predicted non stop for 2 months that it will be over on day one. Its not a prediction. It was a forced situation to some extent. This whole VB revision is similar, if it happens




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  • GCBy3000
    02-06 05:09 PM
    I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.

    H1B:

    1. Spouse cannot work.
    2. Do not worry about 485 rejection.
    3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
    4. No expenses for the employee for H1 related issues ( legally).
    5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.

    EAD / AC21:

    1. Spouse can work.
    2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
    3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
    4. No stamping, but advance parole required.
    5. Spend yearly on parole, EAD.

    Anything else to be added to the above list?



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  • nfinity
    07-11 07:07 PM
    Send me a PM with what needs to be done.




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  • BharatPremi
    07-27 12:46 PM
    Instead of starting a new thread. I would appreciate if someone answers a few questions regarding Check details that we send out to USCIS.

    Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.

    Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.

    Making separate checks is highly desirable and one should always follow that path. I am wondering why your lawyer did not advise you on this at the first?I have heard that USCIS accepts the checks drawn on USCIS in stead DHS. But 'DHS' is more accurate choice so If you can get them hold for a while I would recommend you to do that not because those were drawn on USCIS but because it was a single check. And since you can hold, you should write separate checks drawing on DHS.

    Note: This is just an opinion. Consult your own lawyer for immigration need and advise.

    Adding to this: Per person per application separate check should be drawn.



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  • kk_kk
    04-23 01:27 PM
    I have chnaged my address twice in last 2 months with USCIS. One change is from zip code xxxxx to yyyyy and other with in the same zip code. Both the time, there was an soft LUD on my I-485. knock on wood, no RFE's as of yet.




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  • vnsriv
    04-07 04:50 PM
    Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.

    Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).

    OR should I just say quiet and forget about this mistake?

    Gurus- Please Help

    Looks like you have pending of adjustment(I-485). At the time of filing I-485, you must have provided the photocopies of latest I-94. So relax. You don't have to resend unless you get an RFE on I-485 which is rare. I haven't heard anyone getting an RFE on missing I-94. They have no proof that you did not submit your I-94. Again, this is my own opinion and not a legal advice

    Best of luck



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  • sankap
    07-06 06:31 PM
    I'm not sure that the comment "once you use EAD, you cannot go back to H1B" is correct. True, once you use EAD, you don't have an H1 status, but I understood you could always go back to the H1 status (with a new filing/transfer). Any one has more info/reference?




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  • GCMD0203
    09-17 01:18 PM
    Gurus please help

    Hi,

    I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is

    Have you ever filed an immigrant petition for any person in this petition?

    Last year when I filed for H1 extension I had checked 'NO'

    But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'

    I will appreciate if you can help me with this.

    Thanks,



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  • snathan
    05-12 07:05 PM
    My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.

    Thanks

    Nope...you can not.




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  • ameryki
    08-30 11:03 PM
    There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks

    my friend even after knowing about uscis as much as you do now you still think they go by judgement? there is no "issue" with your ead hence you cannot do anything about it. nowhere does it say you are guaranteed 2 yr ead.



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  • FredG
    May 1st, 2005, 01:58 PM
    I'd say you captured the action just fine. All that bird tracking was probably good practice for this.




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  • sriramkalyan
    03-09 03:32 PM
    Hey, i was thinking that he can transfer priority date from EB3 to EB2 ..




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  • tampacoolie
    08-05 09:08 AM
    Thank you guyz for your responses.

    I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.

    This is the process which i have gone through:

    1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.

    2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.

    when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...

    My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.

    thanks in advance.....

    I also gone through the same process with one exception that, my lawyer sent 3 G28 ( I485, I765 and I 131) and asked me to sign it and return the original. If your lawyer sign your forms as representative, then he/she has to attach G28 for each forms.
    Infact I had to sign 5 G28 ( 3 for me and 2 for my minor child). My wife has signed 3 G28.




    Dhundhun
    11-21 09:19 PM
    You give all of them (stapled together preferably). Make copies of all of them and keep for future.


    Maverick1, Thanks for correction.




    Lasantha
    06-15 12:59 AM
    Gurus,
    My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?

    As always, appreciate all your help :)

    As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.



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