Monday, July 25, 2011

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  • doubleyou
    05-20 10:38 AM
    I have been reminising in contributing , and if contribution is the only factor, will start contribution. But I did do congressional letter as and when there was a campaign.

    But more than for me, i am reaching out to all others in IV.





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  • vin13
    02-11 09:02 PM
    This petition is asking for a proposal to move ahead in line for the Green Card process. This is not asking for any extra quota. So basically this is not going to reduce the queue. Just give priority to someone who buys a house.

    Am i missing something?

    I just feel we should be asking for more than move up the line.





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  • NolaIndian32
    04-28 06:13 PM
    My wife came from india this sunday (4/26) @ JFK... she is working on EAD and had an expired H1b stamp in her PP.... She was asked about the purpose of the Visit by the IO and also at the AP fingerprinting, and the first IO asked about the expired H1, but she said she is working on EAD and had a valid AP.. he asked her something about how she could prove that she started working on EAD or something like that, but he didn't wait for answer... sent her to AP finger printing.... it all took less than 50 mins. I should say this is waaaaay smoother than the experience we had at EWR in 2006.

    pal :)

    If entering the country on AP, it is advisable to carry all other documents including the approval notice of the H1b, but do not show the H1b approval notice unless asked for. That is when the IO gets confused and asks for explanations. If entering on AP your status is parolee upon entry to the US.





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  • ita
    01-23 08:30 PM
    Suggestions.

    1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.

    2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
    It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.

    Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).

    Example of EAD/AP anxiety:

    AP document says that it should be used for emergency travel. This rule on AP
    was formed at a time when 485 processing would take not more than 6 months.
    In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
    I guess we are supposed to have a proof of emergency travel.

    Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
    With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.

    When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.

    Suggestion
    Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
    This would save money/time for the applicant and lot of time for USICS.

    Thank you.



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  • H1B-GC
    02-16 10:26 AM
    Well, i feel its more of a Policy decision.If they really want to do something fast they will do it anyhow.The best example is how this woman from canada i guess,who got US citizenship in 2 days,yes its right '2 days' so she can represent US in the ongoing Winter Olympics at Turin.

    Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??





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  • ameryki
    08-28 10:28 PM
    Dude, if your profile is genuine, that does indicate something - my PD is also Nov. 2005, EB3-I. Both of us got 1 year EAD instead of 2.......hmm.....my attorney called USCIS and according to the attorney they (USCIS rep) couldn't tell them the reason for 1 year EAD.......asked me to do infopass!


    trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.



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  • GCard_Dream
    01-14 09:30 PM
    No they can't. Congress needs to pass a law. This topic has been covered here in detail before. Try doing a search, if interested.

    does anyone know if uscis need a law to pass in the congress to change the law on the i-485, or thy can decide to change it?





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  • H1B-GC
    08-14 04:51 PM
    A Call from DOL to your Employer is enough to start coughing all the Money he owes you. Make sure you have all the paper Trail as Evidence -Emails,Fax and etc..



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  • Legal
    07-26 12:32 PM
    very good idea! We should fight..

    This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.

    If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D





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  • calaway42
    10-04 01:18 AM
    roger that :)



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  • diptam
    02-18 02:38 PM
    Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :

    a) Timesheet signed.
    b) benefits confirmation ,
    c) email correspondence to indirectly prove that you were working in H1 status and getting paid

    Hope this helps


    Is paystub needed When a person is on H1B and is out of project when AOS on 485.





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  • iheartindia79
    05-14 03:40 AM
    I am e-filing for EAD renewal.

    Are the following options correct for :

    1. Manner of Last Entry into the U.S.: "DA:ADVANCE PAROLE (DISTRICT AUTH)"

    Same for
    2. Current Immigration Status:"DA:ADVANCE PAROLE (DISTRICT AUTH)"

    and for Eligibility Status: "(c)(9) Filed I-485"

    Please someone who filed EAD renewal.



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  • vrbest
    01-21 09:04 PM
    Thanks "LostInGCProcess". This clarifies my doubt..Ksrk: One of my friend had asked his lawyer and they said we can be on H1B even if we used AP..

    Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.


    Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.





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  • pappu
    01-15 11:00 PM
    Any body else from Alabama? Please sign up here if you are from alabama. Lets start our state chapter activities. I am willing to take the lead to start the activities. So all you alabama residents please sign up.
    Thanks Harsh.



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  • bluekayal
    04-01 01:57 AM
    Mitra Kalita is part of SAJA- South Asian Journalists Association.





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  • ThinkTwice
    07-11 05:35 PM
    Where are they?

    People who want to volunteer:

    Please PM Franklin or/and me your e-mail address and phone number so that we can share the phone list. There are 380 numbers to call. So if e'one takes 50
    we need seven members.



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  • jcrajput
    06-18 03:43 PM
    What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
    Thanks for your help.
    jignesh





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  • gcdreamer05
    04-17 01:17 PM
    Yes, absolutely.

    Hi Attorney Aruben,

    Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?

    This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.

    If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.

    We really appreciate your time and effort for replying to our questions on this forum.

    Thanks.





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  • pachai_attai
    09-04 09:05 AM
    485 approved on August 31st. Approved 3 weeks after I sent out the RFE.





    David C
    August 16th, 2005, 06:46 PM
    Gary, you never happened to mention if you reached any conclusions regarding optimal workflows for the processing of white flowers etc??

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    alex77
    10-08 02:12 PM
    Thanks. Any response/LUD on your 485 after your letter to confirm they did revoke G28?

    I did the same this one month back. All you have to do is the letter to USCIS telling them that your attorney will not represent your case in future and please mail all the communication directly to my registered home address.

    Send this letter to address mentioned in I-797 Notice of Reciept of I-485 with acknowledgement return address card.

    Look for my previous post related to this and you will find the sample letter as well.



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