Monday, June 27, 2011

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  • yestogc
    07-02 09:52 PM
    Once you use EAD, you cannot go back to H1B.
    Also I did not understand what you meant by :

    "But need to bring my spouse in few months on H4"




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  • snathan
    02-17 08:03 PM
    I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
    Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
    Is there any problem now a days for H1 Transfers ?
    Please give me your valuable suggestions.



    Thanks...


    If you have all the papers in place and never be out of status, you can do tranfer now itself. If everything is in place, still if you get REF...its out of luck. In that case you might get RFE in extension also.

    If fact you can do the transfer and extension at the same time. I did file in couple of weeks gape and both got approved.




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  • sivakumar
    01-08 04:41 PM
    not true. You can be approved only if your PD is current.
    PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).

    You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.




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  • maddila
    09-16 04:03 PM
    I'm also on the same boat. I cannot go back to company A as they are shutting down the shop.



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  • anandrajesh
    02-06 10:35 PM
    How (when) do you decide that you will take EAD or stay on H1B? Can you change your mind or it is a one time decision?

    Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?

    Sorry I am a moron.

    It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

    No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.




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  • apb
    09-16 01:30 PM
    Bump



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  • tampacoolie
    08-05 09:08 AM
    Thank you guyz for your responses.

    I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.

    This is the process which i have gone through:

    1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.

    2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.

    when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...

    My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.

    thanks in advance.....

    I also gone through the same process with one exception that, my lawyer sent 3 G28 ( I485, I765 and I 131) and asked me to sign it and return the original. If your lawyer sign your forms as representative, then he/she has to attach G28 for each forms.
    Infact I had to sign 5 G28 ( 3 for me and 2 for my minor child). My wife has signed 3 G28.




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  • venetian
    07-09 07:34 PM
    My lawyer also confirmed that a person on H1 can use AP for travel and can continue to work for the same employer with H1 and has to extend the H1 to come back to H1 status and to continue to work on H1.


    I had asked Ron Gotcher on his forum the same question.....below is what he had to say obout it.......

    You should be ok......just keep renewing your documents.

    Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)


    Re: Entered on AP,valid H1B,do I need to get I-94 extented

    --------------------------------------------------------------------------------

    Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
    __________________



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  • trueguy
    08-08 06:18 PM
    ^^^^^^^

    bump

    ^^^^^^^




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  • fromnaija
    10-05 11:00 AM
    Yes, I noticed that and thought the same. I am submitting my application today. I have been trying it for the last 7 years with no luck. Who knows, this one could be the one when I hit the jackpot ! :cool:

    Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.



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  • franklin
    07-11 07:31 PM
    Thanks everyone for your offers to help. The more volunteers the better, since it will decrease the number of phone calls for each person to make.

    Please remember to send contact info (email address) to either gsc999 or myself




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  • AB1275
    12-18 10:07 AM
    For MTR - Brief / Evidence need to be given within 30 days of denial.
    For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
    In either case, 290(B) have to be filed to keep it going.

    Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.

    Hope this helps.

    Thank you for the suggestion.....From what I understand from it, the evidence for MTR has to be filed with the MTR and cant be filed later. Is that right? If so, then my only choice is Appeal since my W-2 will not reach me before the due date of the 290B.



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  • gc_check
    01-22 08:11 PM
    I used Clinton Bush Haiti Fund**|**Home (http://www.clintonbushhaitifund.org) to make my small contribution, it took less than 2 minutes, no account creation required, this site accepts paypal too.

    https://re.clintonbushhaitifund.org/SSLPage.aspx?pid=3884

    I also donated a small amount that I can through Clinton Bush Haiti Fund**|**Home (http://www.clintonbushhaitifund.org) as well. Also check, some employers also do a matching contribution to this organization or also some other charity organization, You just need to fill a form and fax and they do the rest. So the contribution doubles. Just addition 5 minutes work, but it definitely helps people in need.




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  • shreekhand
    10-04 11:33 PM
    :p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)



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  • yabadaba
    06-18 12:29 PM
    right.. thats what i thought.. thanks for your opinion.....at least that means i was thinking along the same lines. i ll doubl check with my attorney.

    thx again




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  • kartikiran
    05-28 03:21 PM
    I did it on May 1st and did it again on May 20th.

    For any agenda to be pushed forward funds are needed.

    Even just to run a portal like this to give us an opportunity to discuss our issues at a single source also costs.



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  • dpp
    06-28 03:18 PM
    As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.

    Sample Format:

    DATE

    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508


    Re: Immigrant Petition for Alien Worker
    Petitioner: XXXXXXXXX
    Beneficiary: XXXXXXXXX


    Dear Sir/Madam:

    This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.

    He will be managing XXXXXXXXXXXXX(according to Labor approval)

    It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.


    Yours Sincerely,




    XXXXXX
    XXXXXX


    Yes, employment offer letter should have PERM title for sure. Same thing i mentioned in earlier post as well.

    but for Employment verification letter, may be not all attorneys asks for it. But most of them ask. And it should have your current H1B/L1 title, if they are asking for this letter.




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  • kart2007
    10-13 07:48 PM
    What if EAD and AP is lost in mail. Do I need to pay fee again for refiling?

    if yes that sucks!!!!!!!

    Unfortunately, yes, apply for a replacement EAD asap.

    see this: http://immigrationvoice.org/forum/showthread.php?t=22004




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  • singhsa3
    07-12 02:29 PM
    Hi Man,
    That thread is is informative but does not directly answers the question, as it covers variety of items. Personally, I just want know if any one who filled in July got rejected , if yes, what are the details. If folks are willing to stick to responding only if their 485 in July got rejected, with details. I would recommend to keep this thread.
    http://immigrationvoice.org/forum/showthread.php?t=6319

    In this thread people are discussing mostly for the July 485 cases, so the name is not exactly the "485 rejection", but similar situations are discussed here.

    Thanks




    ritwik_ind
    11-11 11:30 AM
    Where are the winners posted? It's already 11th !




    GCWhru
    08-04 05:04 PM
    anoopraj2010,

    We are also on the same boat. My GC (primary ) approved on Aug 2008 and my wife's 485 still pending, we have returned back from India last week and no questions asked about her AP.



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