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Canadianindian

07-22 05:33 PM

You can only move after 6 months of 485 filing. Then it falls under AC21. Now if you move, you have to start the entire process. Fortunately with PERM and PP for 140, everything would take less than few months.

Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.

OR

You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.


Thanks for your response. I am in consulting, and we generally travel.
One of HR folks mentioned that my company may be able to keep me on the exisiting location's payroll, while I work in the other state.

Did you come across such option.

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bchauhan

08-09 01:19 PM

It is your passport number

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gsc999

09-14 02:54 AM

Can you guys think of an Immigration Voice jingle. A tune that is catchy.
IV members who have an eye for lyrics and music lets see what you got.

Let me try:
************************************************
"Immigration Voice, Immigration Voice, Immigration Voice Rocks!

When dark clouds of labor backlog envelops my domain
Immigration Voice is one sure place that can help my spirits regain

Lot of questions and a long wait for my green card
Immigration Voice is where I get sage advise from the bard

Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
In the dark storm, one shining light, like minded people who share my plight

One day I will wake up from this nightmare,
I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care

One day soon, I will become a proud story,
One more American dream, till then Immigration Voice makes me forget my worry

I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
Silver lining on a dark cloud, one single ray of hope

Immigration Voice, Immigration Voice, Immigration Voice Rocks!
***********************************************
Please improve

Cheers!
_____________

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anilsal

07-17 12:51 AM

But that idea may face long odds. AILA's Kuck says that current law prohibits green cards from one year to be used in other years. And he thinks there is no appetite in either Congress or the White House for writing new pro-immigration legislation, after the comprehensive immigration reform proposal went down in flames earlier this summer. "I don't think they'd touch the issue with a 10-foot pole," says Kuck. "This issue has become radioactive."

Which law prohibits usage of unused visa numbers? I guess that is one of our provisions that we are demanding. :)

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GCWaiter03

07-27 12:51 PM

Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"

Long wait is over....
I thank IV core members and all others for their efforts and information.

Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.


ajkastar, Where did you filed your i-485. Is it NSC?

Mine is also in the same range of PD and RD, But I filed in NSC.

Thanks,
GCWaiter03

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saimrathi

07-07 10:30 PM

Great job.. This is exactly what we need.. National coverage on this issue..


http://www.youtube.com/v/RVhgb6yoc8w

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ita

04-16 02:09 PM

I'm looking for EAD,AP paper filing instructions from scratch.While I'm digging these threads
can some one please direct me to the links for EAD,AP paper filing instruction (Nebraska)on this forum if you can.

Thank you.

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msyedy

01-10 09:06 AM

Friends,

As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)

My last discussion wirh Immi and employer drove the nail in the coffin.

I would appreciate any suggestion fromfolks like you.

Outcome:

I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)

Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.

I have few more weeks before I see this opportunity slip by.

Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?

Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.

Thanks for your time

No one can guess on this issue., believe me.......... Dont keep hope that in 1 year ,2 years you will have GC.
Guessing is not allowed in this situation......................

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shar533

04-30 12:38 PM

Gator, I wish I could answer that part.While I was doing research on AVR on this forum and other Google results, I think I did read somewhere that using AVR might affect adversly on AP application.
You know, 1 thing I did b4 going out was to go on CBP official website, went to Ask a Question and asked my question. I got reply same day from an official Chris. I printed that question and answer page and took with me, just in case. But everything was fine.

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checklaw

07-19 11:30 AM

CIS AFM (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2)

Thanks very informative.

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bekugc

03-04 04:46 PM

hello;

Here are my details.

1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead

the qn is -->

1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.

can you give ur opinion regd the above qns? thanks

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veereddy

04-14 12:09 PM

Congratulations, enjoy freedom.

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saurin

02-10 08:02 AM

Hi Ann,

Yes I do have an EAD. Thanks for your reply.

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h14life

06-19 03:33 PM

Hi,

I am posting this on my friend's behalf. Here's his situation:

a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.

Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.

Please let me know if it's possible to add the dependent regardless of PD being current or not.

Thanks in advance.

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fadingblack

09-19 06:29 AM

Well, you have been helpfull. I was afraid this answer would come up. I cannot find a manual even in the shops. Anyway if you were so kind to look for one for me i'd apreciate that so much, because mos of the books about software are written in english, and here, for programs such painter, wich are not really that popular as photoshop is really hard to find something. Maybe if you gave me a title i could buy through internet.

Oh, and i wish i had buy it! A friend of mine told me about it and made a copy for me for testing. (not pretty legal, i know, but if i like the soft i finally buy it. I only need to check it in advance, because my salary is not that big to buy just for checking. Sure you know what i mean :P )

Anyway, do you think is that good to buy it or do you think you can do the same stuff with photoshop?? I'm afraid painter is much powerfurl in some aspects. What do you think, as owner of painter 6 and a manual???

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gregspirited

03-25 02:18 PM

She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.

Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.

I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.

Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)

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Curious_Techie

08-07 05:53 PM

I came back on Sunday after landing with a expired visa but valid H1B till 2010
My family had valid visa till sept 07

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Dhundhun

06-21 03:49 PM

I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).

I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.

I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008

Thanks

For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.

So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.

Please post your experience afterwards.

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elaiyam

04-05 10:03 AM

It should not be a problem for EAD/H1B

FHA Handbooks (http://www.fhaoutreach.gov/FHAHandbook/prod/infomap.asp?address=4155-1.4.A.3)

See the section: c. Non- Permanent Resident Aliens

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kittu07in

08-20 06:54 PM

Thank you for your prompt response.

it gave me a lot of hope.

~Thanks.

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cdeneo

03-26 10:05 PM

Update for anyone who would find this useful -

I sent my app using USPS express mail (next day delivery) with online tracking/delivery confirmation. No issues with delivery to PO BOX.

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