Thursday, June 30, 2011

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  • Blog Feeds
    07-30 06:30 PM
    The American Immigration Lawyers Association (AILA) has applauded the brainstorm of ideas in a draft memo from the United States Citizenship and Immigration Services (USCIS). The now-public draft, leaked without the permission of USCIS, examines the legal framework of immigration and explores possible solutions. AILA commends this reflection of the pursuit of the rule of law and the willingness of USCIS leadership to take up this thorough examination.

    "We have in the past seen many attempts to scour the law to find justification for draconian, and ultimately unhelpful, ways to make immigrants' lives miserable," said AILA president David Leopold. "This draft document tries to think through ways to make the legal immigration system work in support of sensible law enforcement. It respects the law and respects the people who must deal with the law. For that, the administration is to be congratulated, even if none of the proposals is ever carried out." He added that many of these proposals should be carried out. Long-needed regulations to help children and crime victims caught in the system should be published. Men and women fighting for America in the U.S. military should have the comfort of knowing that their families are safe from being deported. Immigration policies that encourage investment in America and creation of jobs should be emphasized and expanded. These are but a few of several excellent proposals in this document.

    "We will never effectively address illegal immigration until we develop a legal immigration system that actually works and that offers people a realistic alternative to illegality," added AILA Executive Director Crystal Williams. "Congress has thus far refused to act. Administration officials at least are trying to find ways to help fill this vacuum," Williams stated.




    More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_lawyer_d_1.html)




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  • gchopes
    04-13 12:41 PM
    Hi all,

    I am from North Carolina and I am applying for ITIN for my wife along with 1040.

    I understand I need to send 1040 & ITIN to the ITIN address:

    Internal Revenue Service
    ITIN Operation
    P.O. Box 149342
    Austin, TX 78714-9342

    Being from NC, the mailing address for my 1040 is:

    Internal Revenue Service Center
    Atlanta, GA 39901-0002

    I should be using ONLY the ITIN address for my this year's tax return and not the address for Atlanta, GA. Am I correct?

    Once IRS send me the ITIN for my wife in 4-6 weeks, I should use that to submit my state return (where I am getting a refund). The state return would happen only after the deadline of Apr 17 because its only then that I shall get an ITIN for my wife.

    Please advise.

    gchopes




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  • santosh19
    04-22 07:25 PM
    First how do you know which I-140 has been used for AOS application . you need to make sure of that.




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  • snathan
    01-14 11:06 PM
    Hi! I'm H1B holder and my company is willing to sponsor the green card. I'm coming from Eastern Europe (Moldova) and in US am working as software developer, I guess it's EB-3, right? I graduated in Romania Bachelor Degree in Mathematics & Computer Science (4 years) and Master Degree in Computer Science & Engineering (2 years). My work experience is more than 7 years. Please advice how to proceed to get this process done properly, legally and fast, reasonably possible and how much time it would probably take. Thanks in advance!

    You should try for EB2. Make sure the Labor requirement is filed accordingly. Any way as you are coming under ROW, its not going to make much difference.



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  • rhegde
    09-09 09:28 PM
    Hi,

    I'm on L1B and wife on L2B with EAD and currently working. Both are expiring on Dec 30,2010. I got my H1 with COS, which is effective from Oct 01,2010 for 1 year and my wife got H4, effective from same time. My wife's company is filing for H1 for her and has already applied for LCA. After the LCA, they are not sure whether to apply for COS from L2 to H1 before Oct 1st or if they want to wait till Oct 1st and then file for new H1 with COS from H4 to H1. In the second case, she will not be able to work till she gets her H1.
    Also if they file for H1 before Oct 1st with L2 to H1 COS, and if she gets RFE, then not sure whether the whole application is invalid as my wife's status would have changed from L2 to H4 during the course.


    Please advice my options. Is it OK if her company file for new H1 with COS from L2 to H1 as soon as her LCA get approved with premium processing? Is it going to be a problem if she gets RFE?

    Or is it adviseable to continue to be on L1/L2 till she gets H1? If yes, how can I change my status back to L1 before Oct 1st 2010? Can my company do it me? How long the process will take? I also heard that if I go abroad and come back, I will continue to be on L1. In that case should my wife acccompany me? Do I have to go out and re enter before Oct 1st?

    If I change my status back to L1, what will happen to my H1? Will it still be valid? If I'm planning to change to a different company, can it be just transferred to that company and I can work there?

    Please help.

    Thanks




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  • honge_kamyaab
    08-01 09:02 AM
    How long on average does it take to get labor approval into my lawyers' hands from BEC once it is approved (certified status shown on the BEC website).



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  • birdwing
    10-11 11:34 PM
    i don't care anyway :lol:

    Kirupa looks good as a priest :beer:


    one day I'll understand these references.


    until then I'll admit to being a complete and udder Nooooooob :trout:




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  • gcwait2007
    12-28 12:42 PM
    Hello Greensignal,

    NSC is processing EB-3 based I-140 cases as of 6th April 2007, as per latest processing time release by USCIS. When did you file your I-140 in NSC?

    Regards



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  • realizeit
    06-30 11:59 AM
    As the house will go into a recess after around a month, is anyone seeing a possibility for a congressional action regarding the three pending immigration bills in the house? �A realistic possibility?

    As per the calendar, we have time till August 4 and between September 7 & September 26, to get something done in Congress. It might be really difficult to get something done in September as that short time may be used by the congress for many high priority items.

    Recess:
    August 4 to September 7: House August Recess
    August 9 to September 7: Senate August Recess
    September 26: House Target Adjournment Date

    I am wondering, what else I could do to push our bills to fruition.

    [Participated in all call campaigns & providing recurring contribution]




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  • vnsriv
    10-03 03:42 PM
    lets do this. been a while.

    let the brickbats rain from those who want me to go to vatica and eat thali :D

    What's need of creating such kind of thread . It is just wastage of time.:mad:



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  • sdrblr
    07-19 05:41 PM
    not necessarily




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  • dagu1234
    06-08 02:53 PM
    Please call your senators and representatives...



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  • annieo
    10-17 08:37 PM
    Hi Guys
    I went to local USCIS office today and asked about my case status. My I-485 was filled on 08Feb07 in EB2 category. A lot of people who have fillled I-485 after me, have already received green cards.
    The Immigration lady was very nice and she told me that my case can not be approved as my name check is still pending with FBI. The name check was initiated on 24Feb07. She created a service ticket for me providing a target date of middle of next month. The ticket said that "Please approve asap after getting clearance from FBI". I do not know what does that mean? Still trying to figure out???

    Then I asked about name check status of my dependants. She mentioned that their name check has been resolved which is different from cleared. She created a different SR for my dependants requesting Approval of Green cards as name check has been resolved again giving me mid of next month as target date. Does it mean that my depandants can get approval before my approval?
    Gurus Any idea what should I expect. Do I need to continue to follow up with FBI and senators regarding my name check and collecting information for case file?

    Regards
    AnnieO




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  • MyGCPath
    10-23 01:37 PM
    Guys/Guru's,

    I need advice/thoughts from you on some of the questions below. Any response will be really appreciated.

    1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?

    2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?

    3. Anything i should be aware or concern about these situation?
    __________________



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  • jthomas
    05-19 09:09 PM
    During the interview they will ask for photographs, some questions that reflect that you guys are really in a marriage and the flight tickets and amount of time you spend together and then later get your previous paperwork and this paperwork together and then issue a conditional green card for 2 years and later on third year you can apply for citizenship.

    My wife is a US citizen and i have applied my green card through her. attended the interview. We live in two different states and often travel to each other place.

    Don't worry all willl be fine.

    I would really welcome some help with my question! My foreign-born fiance and I would like to be married within the coming year. We are both students (he in CT and myself in MA). Our name is on the lease together here in MA but will we be penalized for living separately when he is away at school? I really appreciate your help, I can't find this answer anywhere! Thank you!!




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  • theshiningsun
    12-16 08:44 PM
    thx for the clarifications.



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  • sac-r-ten
    07-07 12:34 PM
    Why are you going to other forums for advice. Those other forums are after making money from traffic and ads. They want you to suffer as long as possible so that they make money. They even charge per question. You are being anti-IV by visiting other forums. I hope you see the difference between them and IV.

    by other forums i meant other forum sections on IV.




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  • kirupa
    05-26 03:26 AM
    Hi nburch!
    That is a request that I have heard plenty about. I will try my best to find some time to create some examples of all this, and it is very unfortunate that we haven't documented some of these cool things properly.

    Cheers!
    Kirupa




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  • martinvisalaw
    12-02 04:20 PM
    I need to travel to UK for 2-3 days next week.

    Am I eligible to get the Visa stamping done in London?
    It is very unikely that the US consulate in London will accept your visa application unless you have close ties to the UK. You will probably need to apply in India, or consider Canada or Mexico.




    widad2020
    06-10 10:57 AM
    USCIS is going to issue two year EAD starting at the end of June 2008 for those AOS applicants whose cases USCIS expects to get deleyed more than a year.
    "
    I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.

    Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year."
    http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm




    kiran8376
    09-08 10:01 AM
    Hi All,
    My Employer applied for Labor on Aug 11th 2010 and yesterday we got the audit notice saying :

    The application indicates the foreign worker is required to live on employer's premises although the application does not indicate the position is for a Live-in domestic. Please provide a detailed explanation indicating the reason the foreign worker must reside with the employer.

    In ETA-9089 for Section H-17 question we have checked "Yes" but i guess it should be No.
    We miss understood the question and thought it was asking about working at location and maked it yes.

    my question is :
    1) Can we make correction and send while replying to Audit (RFE)?



    Please help on this.



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  • iptel
    10-17 01:39 AM
    Which center NSC TSC ?




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  • mailmy_gc
    03-02 07:24 PM
    SDI is disability insurance you are mandated to insure during this kind of situations.

    My wife is working on EAD. When we had baby (she had C-Section), she applied for SDI and she was paid. She asked her HR. HR mentioned SDI is nothing to do with immigration. Due to the company policy, We were forced to apply.

    I know one of my friend who was benifitted with SDI and FMLA while he was on H1.

    Thanks,
    sr




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  • khare81
    01-08 03:13 PM
    Hi,
    My current visa status is H4. As i cannot work on this visa, I am interested in doing an Unpaid Internship. Please clarify whether I can do so on an H4 visa.
    I'm trying to secure the internship in a nonprofit organisation. Will there be an exception for them, in case it's not allowed otherwise?

    Thanks a tonne!!!




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  • immi2006
    08-06 10:48 PM
    http://www.cnn.com/2006/POLITICS/08/05/Bush.radio.ap/index.html



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  • CRAZYMONK
    07-21 01:14 PM
    Just fill out the new I9 Form with your EAD details. You should be fine.




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  • skp71
    05-28 08:27 PM
    I requested(May 02nd) them to approve my case using "Cross-Chargeability", since my wife was born in non-retro country. But from June 01st, my PD (India) also becomes current. I really don't know what to do now?



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  • fullhouse
    08-23 01:18 PM
    I am dependent on our GC application. We had provided initial Finger prints in July 2007. I got an FP notice in 2009 and have just received another FP notice for next week. Meanwhile, the primary applicant on our application has not recd any biometrics appt since the 07 initial set.
    Is there anything to be concerned about?
    TIA

    Same thing happened to my wife, but I received only once after filing 485 in 2007. Apparently, USCIS is unable to refresh my wife's FP automatically after 15 months (got this from infopass). Also, I have seen this happening to NSC-CSC-NSC transferred applications and we are one of them. No worries our 485 was approved last week.

    Thanks




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  • gcseeker2002
    01-02 12:56 PM
    I have been in this country close to 11 years, and have PD of Feb 2004 EB3 India, and am thinking if I could apply for EB1 through another company than my employer. I am currently using EAD to work but I recently met someone who got GC through EB1 having started the process in 2008. I am really frustrated with the EB3 progress and have no hope so was thinking of this option. I have Masters with about 13 years of experience. Just wanted to check out if any of you are having similar thoughts and if this is a possible route ?
    Also , is Labor substitution still a path or has that been blocked out ?
    Any useful responses appreciated. TIA.



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  • sodh
    07-25 02:20 PM
    Yes
    I second that.




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  • looivy
    01-02 09:48 AM
    Gurus,

    I have my I-140 approved and have a 2 year EAD. I work as a project manager for a financial firm. I am in EB3 India quota. I currently work on H1B.

    In case of a job loss what are my options? By that I mean what kind of jobs should I look for on AC21. Also, can you switch multiple employers on AC21.

    Pl advise.

    Can I have a hiatus between losing job and getting a new one on AC21 or I need to have an offer in hand before using AC21.

    Only serious feedback please.

    Thanks in advance.



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  • senk1s
    05-14 12:20 AM
    2 cent questions ...

    Is NSC processing EB3s regularly?

    TSC is not processing EB2s as well ... are they working on EB1s only?

    Is it because the Visa #s are exhausted for the period?




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  • pd_recapturing
    04-22 07:40 PM
    Yeah, right, first u need to find out which 140 was withdrawn. If the approved one is withdrawn, u r safe based on the fact that the same 140 was used with 485.



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  • loveiv
    07-18 09:38 PM
    any suggestions on how to expedite processing


    Donate 1 million dollars to USCIS, they will come to your house to handover the card. I believe that is the only way you can expedite, as for as I know.




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  • marty
    03-13 10:04 AM
    My priority date is in Oct 2005 (ROW) and yesterday was the 180th day after filing my I-485 application. I need some help in deciding if I should wait for the green card with my current employer or think of changing the job using AC21. Your suggestions will be really helpful.

    Thanks.



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  • gchopes
    11-23 11:43 AM
    Can I apply for H1B stamp on the same H1B approved petition (not yet extended since I still have a year remaining on it) that I had when I returned on AP last year instead of H1B stamp? The reason to apply for H1B stamp this time is because of AP delay. I am hoping this memo says yes. Any thoughts?

    Since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process.




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  • mach1343
    11-22 01:39 PM
    Hi,

    I got a contract offer at company A (Industry: Health) at a big city. Currently I am working for a State Government as a contractor. As per salary is concerned not much of a difference between the two contract positions. Me and and my wife are currently working but at different places. 2-3 months back we thought of moving to a big place so that the probability of the other person getting job would be more and we can stay together at the same place so I applied for Company A. They accepted my resume but because of the economy and budget constraints they hold the position and after sometime I forgot about it. I dropped the idea of moving and didn't apply for any jobs because of the current economy situations. Now last week after more than 2 months they reopened that position and interviewed me and I got the offer yesterday. Now I am in a dilemma whether to take this offer at Company A or stay where I am until the economy goes little better. My current job is stable. Added to that my wife's contract getting over in Jan 2009. I am cracking my head here thinking what's right thing to do.

    Scenarios:
    1. If I moved to Company A and my job is good and then after Jan my wife can look for a job at that place. (chances are more because of Big City). Everything is good.

    2. If I moved to Company A and crisis is soo bad and I lost my job and from jan my wife contract is ending. After that it's just nightmare.

    3. If I stay where I am and once the economy stabilizes atleast a bit and look for a job.

    I really appreciate your suggestions. I know they are people in our forum who studied current economy so good and can give me a valuable advice. Thanks.



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  • georgecombey
    04-27 11:36 AM
    Because of fraud, terrorists are able to infiltrate the US.




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    03-03 09:11 AM
    Including skills.




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  • gc_chahiye
    07-16 12:08 AM
    I am having an option of joining a new employer with whom to file LC. Company is not very big 50 employees and started in 2002.

    I am very worried about the stability of the company. This kind of companies are normal or I am just unneccessarily imagining and worrying ???

    How to check the stability of a company before you start filing anything ???

    Anybody knows about this ??

    absolutely no idea based on the info you have provided, but you need to consider a lot of things here.

    1. If its a startup building the same product 5 years later, and does not seem to be expanding/growing, its probably not going to be around much longer. If its a consulting/contracting firm that works with bigger fish, it will probably be around in the future.

    2. You need to also analyze your appetite or risk. If you are on 5th or 6th year of H1, then it could be risky. If its year 1/2/3/4 and you like everything else about this company, go ahead. Worst case they close in one year, you will have LC+I140 approved and can move to another company, restart GC, and recapture this old priority date.




    sprash
    11-03 02:02 PM
    Well there are plenty of Credit Unions who offer better rates if you do a little dance for them. They offer high interest checking accounts if you do x number of debit transaction and 1 ACH (direct deposit) etc. I have accounts with 2 such CUs (ADvantis & Oregon Community CU) which give me 3.0 & 2.9% respectively.

    I'd rather use those debit cards that give me a good interest rate on my SAVINGS than credit cards (like chase) who give me 2-3% on my SPENDING.




    pappu
    07-02 12:08 PM
    Thanks



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  • n2b
    02-05 12:10 PM
    Thank you both for the responses.




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  • radhak
    04-26 06:16 PM
    Thanks.




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  • eyeswe
    08-23 02:38 PM
    My take and I am far from a lawyer.. so this is not legal advice...

    You can study on H4
    You cannot accept a scholarship
    You cannot take an in-campus job
    You cannot do an internship, apply for CPT or OPT's
    If the above are all true.. there is no need to inform USCIS




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  • ksircar
    04-08 12:41 PM
    look at the vfs website (you will get a link to it from consulate website). They have specified some particular HDFC branches in metros, where you can deposit the fee to get the receipt.



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  • gsc999
    04-02 03:51 PM
    bump




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  • kumar1
    07-09 10:45 AM
    Thank you for your information. Do we need dates eaxactly?

    You can say like....around Oct-15-2007 or so. This letter is on top of Passport, birth certificate and PR card.



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  • gparr
    January 3rd, 2005, 04:18 PM
    Since we're playing with Freddy's photo and my other option is work, I did some basic processing to bring out what's already there.
    Gary




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  • buehler
    07-21 11:54 AM
    Hi, Please let me know your thought on my situation. I was on H1 thru Company A. I don't have pay stubs for the last 3 months of 2005 since i was on bench, but got the salary that is mentioned on LCA in pay stubs till end of Sept. When I asked my employer to pay me for the time on bench he said that he has paid the LCA salary and doesn't have to pay.
    So having said that, am I in Status or Out of Status?

    If the W-2 is for more than the LCA requirement, you don't have any thing to worry about.



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  • willIWill
    06-09 09:31 AM
    ^^^^^




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  • GC_ki_daud
    08-21 11:23 AM
    Any word yet on the Processing Dates.



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  • Ann Ruben
    03-30 07:53 PM
    A 7th year extension is still possible, but the extension petition must be filed within 180 days of the LC approval. ( per current DOlL regulations, the LC expires after 180 days). My advice would be to have company B file to amend it's petition, requesting a validity date of 12/12.




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  • tnite
    10-01 02:18 PM
    Hi,
    I am a july 21 filer and received I-485 notices on Sept 26. I am required to join my job on Oct 8 and i want to use the EAD for that.

    My question is, if i see the status as "card ordered" before Oct 8, then can i call USCIS to get the EAD number before joining the job. OR does the employer need to be shown the EAD card before joining.



    It looks like it is taking 1 week from notice date to see the status change to "Card Ordered" and another 7-10 days or more to get the card.

    thanks,


    DONT EVEN TRY. wait for the EAD and in the mean time let your future employer know.They will not mind waiting for a week or so.



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  • dwl800
    07-21 11:44 AM
    Thanks a lot. I appreciate your prompt reply.




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  • vin13
    01-27 08:44 AM
    I have used AC21 twice. I did send a letter to USCIS for my first move. i have not sent any letter for my second move. Most of the attorneys i consulted are saying it is not necessry to file for AC 21 unless you feel the employer can jeopardise your green card.

    There is no rule for filing AC 21. If you get an RFE, they will request the specific document they need. If you are following the rules, then you should be able to provide whatever they request in the RFE.



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  • hsd31
    01-07 01:34 PM
    Few months ago, my company filed for my 7th year extension and USCIS approved the extension for only 8 months instead of 1 year (my I-140 hadn't been approved yet). My lawyers contacted USCIS for clarification and we finally heard back from them. They say that the approval of 8 months is correct and gave no explanation for why it was not for 1 year (which I would have qualified for since my LC was approved when the extension was filed).

    Has anyone else experienced a similar thing?




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  • kirupa
    04-23 10:07 PM
    Hi Gaurav,
    Unfortunately, I don't think it is possible to customize the scrollbar inside a WebBrowser. The WebBrowser is almost a direct inline view of the IE browser, so if your IE browser's scrollbars were different, then I believe the WebBrowser control's scrollbars would be different as well.

    In other words, the style is inherited from IE.

    :)



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  • tigerwould
    07-24 03:39 PM
    Hi

    I am Technical Director and have been working in the US under o1 visa for 2 years

    This visa has initially been sponsored by a company, so I can only work for this company

    A lawyer told me that I could self-sponsor another o1 and then be able to work for as much company I want. I have an agent but he is not able to guarantee full time employment.

    So I am wondering if I should do that or not.. What are the exact salary requirements for a self-sponsored o1?

    I got a good folder, awards, recommendations and publications.

    Thanks a lot for your answers

    Ben
    Berlin, Germany




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  • jsb
    10-21 11:35 PM
    We, July 2 filers, just got our receipts. So you are not that bad. After 90 days wait, you are entitled to ask for an investigation, but, as it appears, USCIS is not yet fully finished with all the receipts for July-Aug filers. They said that they will be done with it by month end. You may want to wait until then.




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  • reddymjm
    06-09 11:11 AM
    We are planning to meet this Saturday. Please PM me with your personal email and phone so that I can contact you.




    irukandji
    02-11 04:22 PM
    Hi Folks,
    Can anyone please shed some light :
    --I have EAD and 485 pending. My current status is H1B. But if I use my EAD without marriage...
    --Later I get married and I cannot bring her here, but if I wait until my PD becomes current and at which point of time my spouse can be added to 485, so does my spouse need to maintain a valid non-immigrant status to be added to my 485 since she will be out of US.

    Thanks,
    iruk




    CCC
    04-13 01:39 PM
    Hello,
    My wife and I both work for the same company and my PD date is 1 year behind my wifes. But she was born in Germany though she is currently an Indian citizen. Now that the ROW category has moved passed her PD's date (Nov 6th 2002), we plan to file under the ROW category using the Cross Chargability rules. Does anybody have any experience filing under this rule? We have her birth certificate (translated into English from German etc) and our lawyers will send us the list of documents i expect. So basically i am trying to find out what to expect when filing under this category. Are there any caveats, good to knows etc?

    PS- I am also an Indian citizen but i will obviously piggy back on her application since my PD is not current.