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Thursday, June 9, 2011

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  • arrarrgee
    07-05 12:38 PM
    I am sure they would do that ...
    Just a thought...


    These guys are so paranoid these days that I would not be surprised if they send for bomb sniffign dogs and anti-anthrax teams when they receive several flower packages on the same day :rolleyes: :D





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  • nlalchandani
    01-11 11:55 AM
    My wife has her name changed in the local county (Judge's order and a name change certificate)
    She may start a job on EAD (has maiden name)..

    Any clues on the process to make similar change in EAD, AP +passport (We would travel soon too), Pending 485 (so that her GC approval comes with the new name)

    Has someone changed names for EAD, AP, 485..





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  • JazzByTheBay
    08-21 01:11 PM
    Very helpful response!

    Yes, it depends on IO, but assuming USCIS has been informed of AC21 portability, I'm guessing we should be OK.

    Thanks again,
    jazz



    I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.

    On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.

    On our return in two days our greencard was also approved without any RFEs.

    Again it depends on I/O in the port of entry I guess.





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  • msyedy
    01-25 11:28 AM
    Nuke bill was an agreement between two nations - India and USA - hence Indian govt had a legtimate interest to lobby for it. Lobbying to change the immigration laws of a sovereign nation by a foreign govt is another cup of tea altogether, and will definitely give a bad name to our cause. You have seen what happened when Vincente Fox lobbied for CIR: even americans who were otherwise sympathetic to CIR were hostile to the idea of a foreign head of state telling them what to do with their immigration laws, and quite understandably so. This is a dead horse anyways - what is the point of flogging it further ?

    How nuke bill is related to SKIL bill......

    Admin close this forum.



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  • jsb
    10-29 11:36 AM
    Friends,

    I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?

    1) Is there any precautions that i should take while re-filing?

    2) Will USCIS accept the app or should they make me wait for my PD?

    Thanks,

    What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.

    If it is your lawyer's fault, you can take appropriate action with him.





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  • pd_recapturing
    09-24 10:20 AM
    My 485 app was received on July 18 at NSC, no checks cashed yet. EAD/ AP recieved on Aug 10 at NSC, got RN for EAD and AP. Is there a possibility of getting EAD card, even if 485 was not filed? One of my freinds was under the same situation, and she and her spouse got the EAD from TSC, without 485 filing.
    This is strange. Without cashing the check, how can they process the applications ?



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  • velu07
    06-26 10:05 AM
    If you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485





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  • gsc999
    04-20 12:58 PM
    oh my sad soul do not live where there's no peace.[/B]
    ---
    Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!

    Btw, I have made a note of your singing abilities and definitely call you for a conference call after we discover that we were all singing songs when instead, we should have been ringing our congress reps for support for our bills.

    Please Stop singing the blues and START Ringing(calling) the congress reps.



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  • FinalGC
    02-07 09:36 AM
    Buddy:

    The way I see is that you have two options:

    1) You close your shop here in USA and go back to India and take care of them there. India is booming, you will surely get a good job. But then this is based on your priorities and what u want to do.

    OR

    2) Find a very good old age home for them in India, where there is 24hrs support for them.. This will be cheaper for you and good for them. They will be in midst of people of their age and get all the support which you will not be able to give, as you and your wife are working.

    Coming to US at this age and with such medical condition, will only become a burden for you and them. Since all they will land up doing is baby sitting your kids and maybe walk to the nearby mall. There is no way for them to interact with people of their age, which is big social need for everybody.

    It is true no insurance will cover their pre-existing condition, so you will land up paying all their medical expenses. However, if u r a millionare, then bring them over here, then u will be able to take care of them......otherwise practically I see you losing all your hard earned $$'s....God forbid anybody getting sick here in US.

    I just gave you some practical advise.

    I hope you make the right decision, which would be good for you and your parents.





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  • questions
    06-09 11:15 AM
    That's a lot of$ for me :)
    Thank you for the advise.



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  • gc_check
    02-13 09:41 PM
    Do not rush to decission. If you have good realtion with the current company, you can get assurance they do not revoke I-140 and also have the new employer file for H1 transfer under premium process. This will secure a 3 yr entension. Once this is done, see if the new employer starts GC as promissed or if you PD comes current, you can file for I-485 with your current employer for future job, and join him when the GC is approved or switch to the current employer with EAD after 485. It is workable, but there is a little amount of risk, if the new company messes thing with GC. They have to start on time and also make sure the new company had not layoff's recently, this will further delay the PERM filing. Also the current employermust not revoke your I-140. Only you know you status better than any one posting to forum. Make a good choice which is best for you and as long as you have all things staright forward and things done correctly / legally there should not be any issue. With USCIS, inspte of all, a little amount of luck is also requried. :)





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  • vinzak
    06-16 12:10 PM
    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.



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  • pd_recapturing
    09-24 10:06 AM
    My app was received by NSC on 24th July and looks like NSC is processing August apps. Even, if my app got transferred to TSC, it should have been processed by now according to USCIS report on RN processing. I am not sure, what to do ?





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  • skp71
    05-06 11:56 AM
    We never know what's going to happen our job nowadays. What if something happen to my job or if I changed the job on AC21 or my FP has been expired or my company is no more existing or my company's name has been changed or I moved for good from this country? If they preapprove my case now, still it is going to be valid after 3 years??

    If the PD is not current, why dont USCIS process the existing applications and keep it processed. This will reduce their work when the PD becomes current.

    I do not see the logic why should not they process the pending applications when the PD is not current. Eventually they are going to get benefited from processing the applications.

    WIth some concurrent filings, atleast if they process the applications the beneficiary would be entitled to get EAD.



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  • conchshell
    08-14 07:36 PM
    Enjoy n congratulations!!





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  • omved
    05-05 02:25 AM
    Gurus / Attorney,

    Please suggest..

    I got RFE for my employment verification and bona fide marital status..I have following questions..

    I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.

    I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.

    I would highly appreciate your any advice in this regard.

    Thanks,

    EB2 - India / PD 04/06, I485 receipt date 09/07



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  • kc_p21
    06-15 09:43 PM
    Hello :

    My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.

    If I don't receive my new EAD card by July 28, 2010, then

    1) Will/Should I stop working?

    2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

    3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

    4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?

    Any response to these questions will be highly appreciated.

    Thanks!





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  • sintax321
    11-18 02:56 AM
    Losts just had more to it. Very nice focal point with hte flower. Both are good though:)





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  • gcinterview
    09-01 04:53 PM
    I'm in the same hole. Oct'2003 is my PD EB2I. had interview 3 months back. Was waiting so eagerly for this day. no update on my case. While I see Dec'2004 cases getting approved. Why can't USCIS do some organization and issue green card purely by priority dates rather than at the mercy of the officer. Why should they make lives of poor immigrants and green card applicants as miserable and touch as possible? Can't do anything more than feeling bad. :-(



    I recently had an interview in July end at the San Francisco Office. I am hoping that there is positive movement on my case. I wonder what the process is in local offices.

    1. Would it be that all the interviewed cases sent to a common pool where some one picks them up.. not sure what order they will pick up and then approves them till the numbers run out and then the cases are dumped back into the pile.

    OR

    2. The IO who interviewed you retains the case file in his/her office and based on the VB every month approves the cases that have completed the interview. Now if this is the case then we are at the mercy of individual IO and how organized or unorganized they personally are... wonder if they have a set procedure to follow....

    lots of questions .... no answers... only silence....





    raysaikat
    07-25 10:34 AM
    Hi,

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?

    Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).

    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?

    Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).



    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?

    That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.



    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?

    She cannot work while she is in H-4. There is no such thing as "2-month gap"!



    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.

    Thanks,

    A. Singh

    No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.





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    01-23 08:22 AM
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