Friday, June 10, 2011

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  • yagw
    07-27 12:28 AM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.


    Its not mandatory to file AC21. If at all any RFE for EVL, you can respond at that time with your new job info.


    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?



    My understanding is, till your MTR is approved, you cannot work. Ofcourse, this applies only if you're using EAD based on that i-485. If you're still on H1/other visa or using EAD based on some other I-485, this wont apply to you.


    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.


    I agree.. at this time just let it take the course...



    Thank you very much for your advice and help in this matter.

    BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...

    DISCLAIMER: I am not an Attorney and this is not a legal advice.





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  • gcdreamer05
    02-03 01:53 PM
    fairy angel, there is a very kind and helpful person called "angry white male" a.k.a "Matt krusse" a.k.a "curry lover", please PM/Phone/Fax/Email this person and he will help you....

    He may even get you a job....... :p





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  • legal_la
    07-17 04:59 PM
    Guys,

    August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.

    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw


    http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D


    finally it is official. No mention of additional time (couple of weeks in august) to file 485, so i guess we have until end of this month...





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  • samcam
    05-19 01:22 PM
    welcome to our newest member ddl..



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  • guesswho
    03-13 04:58 PM
    Why is your lawyer is advising that? If you are maintaining H1/H4 status, you can absolutely go to India, get ur H1/H4 stamped and come back. I did that in Jan 2008 (my I-485 was pending and I had not applied for AP/EAD at that time. The consulate knew I had a pending I-485 application as I indicated that on the visa form), got my visa stamped and came back on H1B.

    The drawbacks I can think of -
    - ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
    - I don't know how it will affect your pending AP application.


    HI fellow members..

    I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.

    So after 2 years they still have not given me a valid AP document. I refiled again last week.

    I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.

    Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.

    My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.

    Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??

    Pls take a moment to reply





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  • DareYouFireMe
    02-19 12:25 PM
    It is hard to find Software engineers who do not qualify for EB2. I guess after couple of years EB2 would be as packed as EB3.



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  • ujjvalkoul
    02-28 12:37 PM
    You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
    1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
    2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.

    Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
    canu post the USCIS link for these 2 laws





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  • Shams
    10-24 03:04 PM
    Axilleus,

    My EAD status changed to "Card Production Ordered" on 10/15, changed to "Approval Notice Sent" on 10/20. I have received my card today (10/24).



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  • shx
    03-05 05:45 PM
    What I'm going to tell you to do is illegal. So do it at your own risk.

    I don't think USCIS is ever going to find out about your income unless you disclose it.

    Not filing tax returns is illegal no matter how small the income is. 5k is definitely big enough. I think you should go ahead and file tax returns atleast for 2009, so that you won't get into trouble with the IRS.

    This is just my opinion.





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  • Lasantha
    08-10 11:50 AM
    Hi,

    Is the weekly service center press release out? Where can I find those press releases? I couldn't find any links on the USCIS site.

    Thanks!

    Lasantha



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  • mytv
    08-26 07:15 PM
    reply...





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  • DSLStart
    03-10 09:20 AM
    Friends,
    Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:

    Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
    We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
    Please mail any of your queries to our customer support team at

    Also the remittance options menu has disappeared.



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  • chanukya
    10-01 05:49 PM
    Same kind of comments by Hillary were slammed as racist comments, after which she had to re-tract or explain what she meant.

    This is a kind of Type Casting all Indian-Americans as working for or owning 7/11 or Dun-kin Donuts, some people cannot see beyond that, as they are the day-to-day interactions they have with Indian-Americans....Remember we are still not Indian-Americans, we are still Indians only, but some are aspiring to be...

    In politics, especially Election Season, anything you say will be portrayed as wrong by somebody....(bi-product of freedom of speech)....we 7/11 and Dunk-in Donut guys know well about this from our Indian Politics...Feeling kind of in India only, no difference, as far as politics is concerned, our guys have mastered this art of politics, may be US should outsource this also, they might be already doing this, we do not know.

    So do not shoot the messenger....





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  • ek_bechara
    10-01 04:49 PM
    Take it as a compliment. There is nothing wrong in what Joe Biden said. If you watch the last second of the video, Joe has both his hands on the Indian guy's shoulders and I'm sure he must have said good things after that as well.

    I have a word of advice for you. Don�t use TOI (Times of India) style headlines to mislead people into reading your post. If you are one of those Indians who has an innate desire to look at everything with a shade of pink glasses you should reconsider living here. Airlines don�t fly one way from India to US. You can always take the flight back home. 16-hour workdays, a fantastic work life balance, and all basic amenities await you in the land of kamadhenu (the sacred mythological cow that gave the Hindu Gods everything they needed for a happy life)



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  • Lord Rahl
    01-25 12:21 PM
    <3 AS3 Random Circle with Blend Mode by egoldy
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  • desi3933
    02-06 08:12 AM
    Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.
    ......

    There is no status during the time I-485 is pending, unless, the person is maintaining other allowed non-immigrant status such as H-1, H-4, L-1, L-2. What commonly referred as "AOS status" is nothing but period of authorized stay.

    The pendancy of an affirmative application for adjustment of status is designated as a period of stay authorized by the Secretary of Homeland Security, during which an applicant does not accrue unlawful presence.

    http://www.state.gov/documents/organization/87120.pdf

    [From the PDF file]
    b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" to include:
    .......
    ........

    (5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated) .....

    [pdf]
    *******************************************



    _________________________
    US citizen of Indian origin
    Not a legal advice.



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  • Chris Rock
    08-13 02:02 AM
    We are open to all possibilities in getting relief (big or small) for the community.
    You may want to read more about the process of a bill , politics of the immigration issue and how it affects any bill. It is not as simple as one line amendment.
    Please get involved with IV and learn more what we are doing. Try getting appointments with your lawmakers and take part in action items. We currently have an action item going. You will know how the process of amendment and bills work. Opening threads asking IV core is not going to help.Help yourself by actively getting involved.

    BTW Could you update/complete your profile. This data is helpful for IV advocacy efforts and also for IV tracker.

    Thanks Pappu for your reply.

    I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...

    Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.

    Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.

    If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.





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  • jetr
    08-27 12:25 PM
    Can you please Post the Dates of when you applied for I-140 & when you were APPROVED.
    Thx

    140 Applied - 10/18/2007
    140 Approved - 08/02/2008
    H1 6 yr expiry - 03/23/2009





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  • larmani
    10-05 02:41 PM
    I am also in the same situation. But not sure about H1 transfer. I posted all the questions to our lawyer and waiting for reply.





    s416504
    08-29 02:52 PM
    So far 95 Voted. 77% says No update





    mps
    06-24 11:28 PM
    Article says all pending application ...

    "The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."



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