Thursday, June 9, 2011

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  • sunny1000
    01-15 01:14 AM
    Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....

    ----
    Hi Folks

    I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...

    In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??

    In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).

    Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?

    It is entirely up to you. People apply for EAD while on H1B just in case there are any complications with the H1B and/or they want to switch jobs.

    If you think that your GC will be approved soon, you don't have to. But, if you have applied after Aug 1, 2007, you have already paid for a FREE EAD card with the I-485 application. All you have to do is to send in the I765 (EAD application).

    This EAD (along with Advanced Parole) gives you an option to switch status to "adjustment of status" and move to another compamy under AC21 rules after 6 months of your I-485 filing (with an approved I140), if you wish. I am not sure if it is OK to use AC21 rules to move to another company using L1A (H1B is pretty straight forward).




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  • mallu
    01-24 01:35 PM
    Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you..




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  • lazycis
    01-12 07:53 AM
    I personally think 1 yr+ wait should work. But definitely take the letters-to-congressmen route first.

    BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)

    AILF mandamus litigation page has one successful case where wait was less than 2 years (Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697 (W.D. Pa. 2007) - 16 months).

    http://www.ailf.org/lac/clearinghouse_mandamus.shtml




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  • ngopikrishnan
    04-04 09:37 PM
    Read this thread: http://immigrationvoice.org/forum/showthread.php?t=16773

    FYI, my 8th thru 10th year H1B extension approval had the A# from I-140, not the one from I-485.



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  • martinvisalaw
    07-16 06:06 PM
    Lately we have been seeing, USCIS is asking for the proff of continious legal stay and one of the proof's is I-94.

    Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?

    Thank You.

    Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).

    In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.




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  • lvinaykumar
    05-18 12:42 PM
    The only scenario where porting from EB3 to EB2 would help someone else in the EB3 queue is when the person who ported does not use the regular allotment of the EB3 and hence another EB3 person gets it. But then, a lot of EB3 folks get in front of other EB3s by moving to EB2 and this reduces the chance of the extra visa numbers reaching EB3. I would say porting is not good for the EB3 people staying in EB3 except a few situations.

    I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:



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  • vinabath
    04-07 10:09 AM
    Is this something common?. I did not get any emails after that. Following is the relevant part of the email....

    "Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."




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  • H1Girl
    08-31 10:56 PM
    Hey H1Girl, kriskris did not use the word "ATTRONEY".

    ATTORNEY - A professional*person authorized to practice law; conducts lawsuits or gives legal advice
    ATTRONEY - Word yet to be invented/discovered in english.


    Looks like you don't have any other work except finding typos on other's posts...Anyway, good catch...

    Please help the above guy if you can and try not to deviate the post...



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  • summitpointe
    04-27 02:24 PM
    Six years in US complete


    I-140 approved
    Not able to file I-485 because of retrogression
    Wife not able to work
    Moving around for jobs with family
    Cheating Employer
    Frustation with H1B Extension and stamping
    Not able to Plan to go to India because of Interview dates
    Not able to plan on good school Child's education
    Not able to spend more money on good health insurance
    Lot of money spent on H1B Extension and stamping
    Sick with the current employer


    Don't want my employer to take lot of money in between. Can we switch employer and file a new H1B with new employer.

    Do you guys think the retrogression will end soon? frustration everyday.




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  • immi_enthu
    08-10 04:26 PM
    your attorney or employer (whoever filed it) will get the approval notice.


    wont the company receive a courtesy copy even if attroney files it ?



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  • j0se
    09-15 06:52 PM
    that was quite a journey!! i think half way through it i realised that i will not be making this effect again (at least too kickly...)

    www.alt-student.co.uk/bs5.htm


    i have to say that flash MX's 'distribute to layers' feature came in really handy for this

    thanks again

    sleep = true
    :)




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  • harish
    06-04 11:34 AM
    please help

    I updated my address via online at USCIS, sent the AR-11 via certified mail, only to find out that my current address was not on file for my I-485 that was pending at that time.

    I called TSC using POJ technique, and the IO who answered was very helpful and she took down my new address. I provided both mine and my spouse's receipt numbers and she updated the address for both of us. I had three soft LUD's only after I spoke to the IO.

    For those who have to change their address, please take some time and call TSC and verify your address on file! Hope this helps.



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  • texanguy
    08-12 02:29 PM
    Has there been any updates on the combined EAD + AP document? After the disappointing Sept 2010 VB, this atleast will lessen the pain...

    1) Combine EAD and AP into one document and issue for 3 years.

    USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.




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  • regacct
    10-20 09:51 AM
    I would donate 500$ if I get the GC before 2012. If not I would reduce it by 50$ a year there after.

    I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.

    Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.



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  • glus
    05-10 07:23 PM
    hello,
    Nothing is "forever." If you hire a good attorney, he/she can argue, that you did have immigrant intent in the past, but have abandoned it and will try to get you a visa. However, without a good lawyer, it may be very difficult to persuade a consular officer that you no longer wish to immigrate to the U.S. after entering here. Contact me via PM if you wish and I can get you in touch with attorney who can answer more questions of yours. Thanx.




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  • jthomas
    03-24 07:05 PM
    I have a website for past 5 years. I started this when i was a H1B holder. It has a shopping card from 2checkout.com
    One has to register the name of the firm in the county and secondly get a sellers permit. To register a fiticious business name would cost you 25 dollars then a adv in a local newspaper for 2-3 times and then you can apply for sellers permit.
    Once you have a sellers permit and you are paying taxes there should not be any problem.
    I am a sole properitor



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  • redgreen
    04-23 07:35 PM
    You can and for that matter anybody can ask any question and hopefully anybody can answer as well! However if anybody can be of any help, that person should know the problem at least partially. Your query was so incomplete so that anybody can give any helpful answer or make any useful remark, other than saying please calm yourslef, wait for the RFE and we will help you take care of it!!.
    (However if you just wanted to get the number of people who came across a situation where their 3 year old got an RFE (?) after their GC got approved, you question is making sense but for most normal people this is too little information to help you, in any way!)

    Who said anything about a 10 year old boy? Correct me if im wrong but this is a public forum and I can ask whatever question I want to ask. Its up to you if you want to answer it. All i asked was if anyone had come across this situation, if you haven't and you don't have a constructive opinion id rather you kept your snide remarks to yourself.




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  • MYGCBY2010
    10-03 11:16 AM
    USCIS addresses RFE's to attorney who represents you, you will not get the RFE. Even if you call USCIS, they will not provide you with clear details.

    Try calling them to know about your RFE; you might get lucky!

    I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.




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  • kriskris
    07-18 05:29 PM
    I have a feeling in my mind that i made some mistakes in the 485 application. I may be wrong also. My lawyer was so busy on June 29 and she asked me to fill out all the forms. I tried my best to make it as accurate as possible. My other concern is my lawyer applied for my I-140 on 6/17 and got the receipt date of 6/28 in the email. Now i am not sure whether my lawyer had included that e mail copy (Since we haven't got the receipt notice in the postal mail) with my 485 packet sent on the same day which had reached the USCIS on July 2.
    Are they going to reject my application just in case if my lawyer had missed that I 140 receipt copy???????????? or are they going to accept the app and RFE. If anybody had faced the similar situation, please help me to deal with this.




    ho_gaya_kaya_?
    11-30 07:44 AM
    I have not recieved any email from USCIS either when my status changes
    I am tracking by an igoogle widget.




    gcdreamer05
    07-17 05:14 PM
    Atlanta or Chicago Center, and what type of LC was it Eb2 or Eb2 ?



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