Friday, July 1, 2011

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  • ameryki
    04-08 04:14 PM
    yep EAD is linked to your 485 application and not your employer. especially after 180 days of 485 filing a lot people consider themselves free to jump the boat with very little to no issues.




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  • nileshilpa
    08-27 02:21 PM
    MIne was updated 2 days later, be patient

    Gurus,

    I saw three LUDs on 485 applications after FP. Last as latest as August 23rd. No recent LUD on EAD or AP yet.

    What should I expect?




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  • bharat2008
    08-25 07:22 PM
    Is this NEW employer or same employer .

    If NEW employer ,then u can apply for new H1B petition but cannot ask for extension of stay .
    Extension of stay is for someone who is already in USA on H1B status .




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  • chi_shark
    08-18 11:36 AM
    afaik there is no impact on GC... EXCEPT: if there is an RFE, you have to prove beyond doubt to uscis that you have a full time job and your job duties are "Same or similar" to what is in your labor application... however, if you asked me, from a tax and liability perspective, i would recommend going for llc/s-corp/c-corp (based on your situation) instead of 1099... even 1099 can be used for good tax benefits but is not that great from a liability perspective... having said that, if you are into software development, it is likely that you will be asked to buy liability insurance... so, it all depends on your situation...

    Hello

    I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway

    My status
    Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
    485 pending since more than 6 months

    Thank you



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  • Paisano
    05-01 08:58 PM
    1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.

    2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).

    3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.

    4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.




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  • eilsoe
    10-22 03:59 PM
    The best way to learn filters is to just throw them around a bit :)

    One can make a million different effects starting with the render->clouds filter.. :)



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  • meridiani.planum
    09-14 02:35 AM
    Hi:

    I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.

    Thanks
    la6470

    Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
    There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
    Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.




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  • fromnaija
    10-18 11:03 AM
    Hi,

    I anticipate an inevitable situation arising out regarding my parents' health, that would require us to move back to India sometime in 2007. My EB2 NIW PD is Dec 2004. Does somebody out there with knowledge about issues and procedures connected with transferring from AOS application to Consular processing in India?
    Thanks.

    -gg_ny

    You can change from AOS to Consular Processing. It's the other way around that's not possible. I wish your parents a speed recovery of their health.



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  • pappu
    04-06 09:53 PM
    Did anyone send her an email yet. Please do if you have not. We need more media visibility for our issues.




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  • k3GC
    12-22 05:23 PM
    I thought this was funny and had to post this link :D.

    You now protest when other countries make it difficult for you to get a visa.

    US, UK protest as India gets tough on visas - India - The Times of India (http://timesofindia.indiatimes.com/india/US-UK-protest-as-India-gets-tough-on-visas/articleshow/5367548.cms)



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  • gcby2099
    05-04 08:19 AM
    4 months ago they both lost jobs and they had a baby girl in Feb, his in-laws are visiting them and his is actively searching for new job. Last night I informed him about IV.

    I would like to help him reg this status issue..




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  • msadiqali
    01-09 02:56 PM
    Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.

    thx



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  • terpac
    02-03 07:30 PM
    This is EB2 and I had more that 6.5 yrs of experience at the time of labor filing.
    The case is in NSC.

    PD: Jan 07
    I140 & 485 concurrent filing in July 07

    Thanks!




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  • Maverick1
    10-30 03:46 PM
    OK.

    Is there anyone who has the same status on AP and actually received the approval notice?

    Thanks.

    Same status for about a week. No letter yet 10/30.



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  • GCBoy786
    06-28 09:34 PM
    The I-131 instructions does provide only the P.O. Box address. I believe FedEx doesn't deliver to P.O. box address.

    Can I have both I-765 and and I-131 forms in the same envelope and mail it to
    Nebraska Service Center
    850 S. Street,
    Lincoln, NE 68508-1225




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  • abqguy
    08-19 01:39 PM
    Our travel doc is expiring in October 2010. My wife would like to travel in Sep and return in Nov/Dec timeframe and now we are waiting since mid July on the renewal. Airfares are already high this year for some reason and we can't make travel plans or book tickets until the last minute. Very frustrating. I remember last year my renewal got approved in less than a month, not sure whats the delay this year...How do we even go about contacting them to expedite?



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  • wandmaker
    11-24 08:32 PM
    copsmart: Take an infopass appointment and explain your situation to infopass officer, s/he will be able to guide you. I personally think, you will have to refile your EAD and AP with strong cover letter, and remember to write DO NOT OPEN IN MAIL ROOM. It might have been the reason, why your last refiling might have been returned by USCIS mail room contractors. Do an infopass appointment before you resend your file.




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  • theshiningsun
    06-17 10:10 PM
    thx for ur inputs newbie2020. yes, i know that it is a conditional GC to start with.

    my concern was - as far as i know, i cannot work actively for my own business on H-1B. hence i wanted to know if i could continue working on H-1B, apply for GC under EB-5 and then start the business after getting it.

    attorneys, do u hv anything to add to what newbie2020 has said?

    thx,




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  • Jaime
    09-12 02:59 PM
    http://immigrationvoice.org/forum/showpost.php?p=114880&postcount=3560

    Thanks




    deeru
    04-02 01:12 PM
    mine is NSC...looks like NSC is taking more time than TSC..




    kondur_007
    05-18 07:04 PM
    Hope you are posting your question for US immigration. (This site discusses US immigration)
    As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH

    Yes, that is correct.

    If you were born in India, you will still be counted as "EB2 India" in greencard queue even after you become british citizen.

    In other words, if you are planning to become a british citizen to live there, good luck. But it will not help you with US immigration.



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