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  • saro28
    12-26 07:57 PM
    It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.

    agc2005,

    Thanks for the reply.
    I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.

    THanks

    Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
    Please send your experince.

    Can I make this expedite. As I planning to go to India in Jan.




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  • desi3933
    02-21 08:29 AM
    ......
    My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

    Thanks for the insight.

    For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).

    Here is my old post dated 09/09/2008 on this topic
    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704

    .....
    Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
    .....


    And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.

    In short, aal izz well.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • vaayu
    06-21 08:56 AM
    we never had any issues when e-filing EAD or AP for me and my wife. I think its pretty straight forward and less hassle.

    Good luck




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  • pappu
    08-08 03:59 PM
    IV is organizing nationwide calls for its members that are taking part in the August 2009 action item. These calls will be providing our strategy and tips to everyone for the upcoming congressional visits. It is very important for everyone taking part in the action item to attend these calls.
    ==================================

    Call 1:
    Tuesday August 11, 8 PM EST

    Call 2
    Wednesday August 12, 9 PM EST

    ==========================
    Note:The call-in codes will be posted on the state chapter yahoo/google groups. Please contact your state chapter leader. If you do not have a chapter, you can contact your nearest state chapter.http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52. The chapter leader will verify you and provide this info.

    Thanks
    Team IV



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  • rajpatelemail
    12-14 11:50 PM
    Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.

    Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.

    Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.

    But option 1 is far far better, even it needs little sacrifise from your spouse point of view.

    Or she can continue to stay by switching to F1 status.
    Thai is the best way.




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  • snathan
    08-18 05:32 PM
    They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.

    Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes.

    Exactly.....You nailed it correctly.



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  • gchopes
    08-04 04:04 PM
    my2cents - Agreed and Understood. But what if you are not on H1/H4 and just on EAD/AP aka AOS status. In that case you cannot mail the second AP and return on that. You need to return on the first AP.

    Not True


    All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.

    After approval, you can mail them.

    I have known 2 person whose spouses came without problem.

    Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.




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  • pappu
    12-19 06:46 PM
    core member- Ashish Sharma (eager2i) will be attending this call on behalf of the core team.



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  • krithi
    03-22 12:39 PM
    All,

    I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

    Can you please help me with following question?
    My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?

    I am in the same boat and travelled twice, no questions asked about employment.




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  • coolvigo
    07-15 04:56 PM
    Check this thread:
    http://immigrationvoice.org/forum/showthread.php?t=20100

    Also check this link where couple ppl spoke with their lawyers and they said we can apply for I-485 by attaching photocopy of old I-140 since we have and are applying for PD port.

    http://www..com/discussion-forums/i485-1/114468227/

    PS - I am also in same boat. I have not been able to talk to my lawyer yet since he is busy :rolleyes:



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  • nixstor
    07-01 01:26 PM
    I am not sure if I am reading this right or not, go this page

    http://www.imminfo.com/resources/cis-sop-aos/3-7.html

    and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.

    So any one who has entered US before (07/02/06) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?


    Guys,

    Can some read the SOP in the above quote and figure out what they are trying to say?




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  • Canadian_Dream
    09-19 07:26 PM
    Can this question be taken for next conference call ? I have seen numerous people looking for answer to this question becasue the underlying law (AC21)pertaining to this issue is very vague. It has not been answered in any previous conference calls.

    ============================

    What is the relation between a 3 year H1B approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the I-140 peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ?

    In summary:
    Does the H1B extension based on approved I-140, once granted linked to I-140 in any way ?
    If yes:
    What happens to the H1B if I-140 is revoked ?
    If No:
    Any law/precends supporting the conclusion ?
    ================================



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  • feedfront
    02-01 11:07 AM
    Enjoy the freedom.




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  • mihird
    07-12 10:17 AM
    This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.....

    Dude, the whole system is setup and organized wrongly deliberately..
    In the guise of fairness and promoting racial diversity, the system is deliberately setup so that countries that supply most labor backlog all the time....

    Phillippines for healthcare workers
    Chindia for technology workers
    Mexico for low skilled workers

    This gives businesses that employ the imported labor the opportunity to exploit the employees at will.

    There are always unused visa numbers and oversubscribed countries in the system all the time...this gives politicians the leeway to throttle immigration as they want...through the DOS bulletins...the July fiasco was just an extreme example of this practice....

    Even if a point based system is brought in, the per country fixed quotas will not go away....and thus the retrogression will continue....yes, you qualify through the point based system, but since a lot more from your country qualify too...you go the end of the line...



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  • tissac
    01-23 10:28 AM
    When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)

    >>>>>I also had to keep checking many times when trying to get and interview for my parents in native language. Then I read in some forum that they normally open the appointments Thursday late night or Friday early morning (US time) . I tried that and I got an appointment. Good Luck !!

    >>>>You can download and print the forms put you signature (since you did it on their behalf) and send it to your parents for their signature. They need to take these printouts for the interview.

    Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
    Will there be any problem in visa approval for parents

    >>>> In my case I had a valid stamp. But still I send the copy of my I-797 also. I don't think stamping is necessary. I-797 + new I-94 proves your status.

    Thomas




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  • susie
    07-13 09:32 PM
    Hi:

    Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)

    Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?

    Thanks,
    Jayant

    Now I am curious to see if I have any so making this post to check



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  • Sakthisagar
    01-25 09:02 AM
    Please file a new H1B extension petition with a copy of contract between the client and your company.. the actual contract, if the client/vendor do not want to share that with your attorney then ask the client/vendor to directly send that to USCIS fax number and ask your attorney to mention in a seperate letter that client contract/letter (copy of original) will be sent by their attorney in so and so time.

    I had the RFE on Sept 2009 on premium processing, I have done tha above and got approved for an year even though my I-140 is approved on 2005 and 10 years in the USA.

    Please do needful and be on status.




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  • gc_dream07
    08-05 06:30 AM
    I am in similar situation.

    I have AP valid till Oct 3rd, 2010. My new AP application is with USCIS and have not received the approval. I will be traveling to Canada on August 15th for one week. I am planning to return on current AP. My question is: if my new AP gets approved when I am in Canada, will that cause any issue in my I-485 or re-entry to US.

    i was in same situation. couldn't get new AP in time. went for stamping in India.

    my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.

    if u read 131 instructions, it talks about abandoning app.

    basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
    and if u leave US before approval of AP, ur 485 considered abandoned.


    Ref:

    http://www.uscis.gov/files/form/i-131instr.pdf

    Page 4, Section E.




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  • virginia_desi
    05-15 12:15 PM
    Thanks for your reply.

    My understanding is there can be only one AOS at any time.

    - So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

    - If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

    Thanks.

    There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.

    Once AOS is filed under EB3, it can't be simply upgraded to EB2.

    However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?




    rajsenthil
    09-16 05:21 PM
    Done.

    It's time to tell CNN not to give a platform for racists.

    Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)

    Please sign the petition
    Take Action (http://www.dropdobbs.com/take-action/)

    "Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)

    - JK




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    02-16 10:04 PM
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