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  • Hermione
    10-02 11:50 AM
    Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself?

    The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.




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  • Amy
    07-12 10:17 PM
    I have the copy of I-140 approval notice. If the old employer revokes I-140 after I leave, can I still carry over my PD? Is there any risk on this? Thanks!

    I-140 can not be ported. You need to start all over again at your new company with new PERM labor and new I-140.
    However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.




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  • n2b
    07-13 02:04 PM
    SUIT OR NO SUIT, BUT

    The question is, how will this rally look and feel different from illegal immigrant rally?




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  • Beta_mle
    02-21 09:23 AM
    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


    Thanks Desi. That helps peace of mind. Do you have a link to the regulation concerning out of status applying only to applicants 17 and older?



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  • FinalGC
    02-17 09:20 PM
    I believe the spillover will come from ROW EB3




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  • waltz
    08-24 10:17 AM
    Wisconsin Public Radio www.wpr.org

    You can listen online

    For Program On: Friday, August 24, 2007 at 9:00 AM
    According to a new report, the U.S. suffers from �brain drain� because many skilled, foreign-born workers can�t get resident visas. After nine, Kathleen Dunn talks with one of the researchers. Guest: Vivek Wadhwa, founder, Chairman, and CEO of Relativity Technologies. Executive in Residence/Adjunct Professor, Pratt School of Engineering, Duke University. www.kauffman.org



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  • Mahatma
    08-15 09:56 AM
    Welcome VDL Rao and continue to bless us through your wisdom.

    Sorry if somebody offended you knowingly or unknowingly.

    The best parameter of your recognition is: so many people wait to hear your words.

    Please make it a routene to enlighten us at leat every 15 days about your take on USCIS affairs.

    I am pledging to double my recurring contribution for next 3 years.

    Regards.




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  • gcdreamer05
    01-09 12:29 PM
    Anotehr question in thsi regard, say ur I-94 expired and you applied for and got h1 renewal, and the new I-797 has the new I-94 in it, so we cut it from there and staple it to our passports ???

    And when we leave the country we surrender both the I-94s ???



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  • hpandey
    06-02 03:18 PM
    You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?


    You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.




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  • cooldude
    07-27 10:06 PM
    My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
    I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
    Please reply. Thanks a lot.


    I am not sure.



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  • vishage
    12-21 11:17 AM
    Will be there for the conf call...:) :) :)




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  • morchu
    08-01 12:09 AM
    There is nothing complicated here.

    Put your wifes status as of the 485 filing date. Means if you are filing in July/August this will be H4.

    You can travel in H4. Also no problem in changing status to H1 after october 1st. (She have an H1 approval doesnt mean she is NOW in H1 status. Her change of status is approved from Oct 1st). Please remember that if she doesnt start working in H1 on October 1st, technically, she will Neither be in H1 / H4 status on October 1st. Means she might fall under "adjustee" status.

    Assuming that your wife starts in H1 status from Oct 1st, there is no problem in travelling in H1. (she might need to get an H1 visa stamp though).

    The other option is she can fall under adjustee status and travel in AP, work in EAD.

    Also after 485 approval H4 status doesnt get "illegal" it just gets adjusted.
    (Well...... nobody can have two statuses at the same time anyway).


    Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.



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  • kumar1
    12-05 11:48 AM
    Mita, I am asking you not to paste junk URLs over here!
    You can spend your time on TOI...no issues.

    I was waiting for someone to spit venom at timesofindia but did not happen till today.
    By the way, do you believe in the news from other billion news website? I think most of us visit other websites to verify if the info is correct so that there is no propoganda involved. If you think timesofindia is one of them than don't visit that website but you cannot request others to do the same.




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  • eastindia
    04-08 08:39 AM
    Looking at this issue, isnt' it USCIS who is at fault here ?
    How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?

    This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.

    This is really wonderful.

    USCIS should be screwing people who used Substitute labor. They should even revoke or issue RFEs to all peoples who got Greencard using Substitute labor. I am sure the queue is get very very short if this happens. let us not allow these people who jumped in this queue.

    I am writing to USCIS about this. Let us all write to USCIS, Ombudsman and also on USCIS blog about this.



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  • shreekhand
    07-29 10:55 AM
    Is your "baby" 21 yrs old yet ;) if not wait before before it turns 21 for sponsorship!




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  • perm2gc
    02-09 11:40 AM
    http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms

    Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.

    We must try Gandhian approach of appealing to their innate sense of justice.

    Only President bush can do something if somehow he can be convinced.
    People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.



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  • MYGCBY2010
    10-24 01:25 PM
    Hi ,
    I filed for i-485 ON July 23rd along with the EAD and AP. My EAD got approved and got a RFE on AP. I haven't received my Finger Print notice yet. Will RFE on AP affect the FP?..

    Is it normal that I haven't FP notice after almost closed to a month after the checks have been encashed?..

    Any inputs are highly appreciated.

    Thanks..




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  • mhtanim
    02-26 10:27 AM
    Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!

    Congratulations on your GC. Yes, tell your sister to send you the GC by mail. Once you get it, you can get back into the U.S. using your GC. I know few people who have done this. Good luck.




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  • anilsal
    12-20 11:51 PM
    I am from IL. I will try to attend. I will request other IL state chapter members to join the call, if they have some free time.




    TeddyKoochu
    01-06 09:11 AM
    Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.

    So just wanted to understand if this was even legally possible.

    Even I have a very similar question. I have bachelors in engineering from a prominent college in India with almost 10 Years of work experience in IT. My EB2 I140 is approved but I have not been able to apply for I485 as I missed the July 07 window. Please advise if there is a possibility that I can apply for EB1-A. I understand that EB1-B requires a PhD. and EB1-C requires the current / future job to have a global /mnc managerial profile so Iam not eligible for that, I do have managerial experienece from my previous job / positions in India. Please advice if EB1-A also mandates a research profile or can professionals not having a research background also apply. I believe that EB1-A is a self application not a company application. Really appreciate some valued advice.




    Roger Binny
    04-06 01:14 AM
    If your case is I-140 + I- 485 applied at the same time, then word on the street is they will process both at the same time rather than processing I140 first then wait for visa dates and process I485, hope you are already aware of this rumor/speculation or truth.



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