martes, 28 de junio de 2011

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  • I_need_GC
    07-24 10:28 AM
    She can use her AP to enter back but if she has the time and can get h1b stamped she is strongly recommended to do so. Reason behind it is if she has any over stay (out of status) in the past it won't be a problem when 485 is being processed.

    In simple terms if you can get visa stamped recommended if not AP is fine. regardless she will be on adjustment of status and also H1B status (have approval notice) at the same time.


    My spouse recently started working on F1 OPT. She also got her H1 approved (port of entry was requested and not change of status). H1 was through lottery to start from oct upon stamping. Suddenly our PD moved forward and we will file 485 next month.

    We are going to India in dec. By that time we should get our AP. My question is does my wife need to go for H1 stamp or can she enter using her AP and keep H1 status. Both of us have different employers. Her 485 will be filed as my dependant.

    Secondly - I will also get a new EAD. Can I work second part time job using that ead while maintaining my permanent job using H1?

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  • speddi
    02-23 02:57 PM
    One of my friend is in the same situation and he has been told by his lawyer that he can get his part-time concurrent H1 Extn for 3 years based on fulltime concurrent H1 approved I-140.

    He is going to apply the same soon.

    Good Luck!

    Thank you very much for the quick response. Do you think I can talk to your friend for further details?

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  • Almond
    07-05 11:55 AM
    You'd have to reapply for I140 for the new company. The one you had approved for the old company will not be valid for the new company.

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  • milind70
    08-07 08:32 AM
    Hi Guys,
    I don't know if this is already posted... Here is my situation...
    I had applied for 485 in July with Future Employer in EB3.
    After 6 months, I want to port the application to my existing employer. At that time, is it possible to convert the application from EB3 to EB2 using AC21 portability??
    Any help is appreciated!!!

    I dont think u can convert from EB3 to EB2 and AC21 are two different things.
    AC21 is for chnaging employers after filing AOS and is pending for more than 180 days.


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  • purplehazea
    05-08 01:59 PM
    How can you change jobs if you have not filed for I485 and it has not been pending for >6months?
    If you change jobs you will have to start green card process again.
    If you stay with your current company, and if PD becomes current in summer, they can file for 1485 and then once your i485 is pending for >6 months you can try to change jobs using AC21.

    Gurus step in and correct me if I am wrong.

    All reliance on my opinion is at your own risk.

    Good luck.

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  • nashorn
    12-12 01:49 PM
    I dont think that holds true. If you follow you'll see they have been approving cases even in December for 2003 when the PD has been retrogressed to 2002 for December.
    The actural allocation of a visa # hapens after your 485 is approved. After he approves your case, the adjudicating officer will send the case to someone else to allocate the visa # for you. This will take days. That will explain what you've metioned here. Those cases were acturally approved in Nov. I bet you wouldn't see any more such case by late or even mid Dec.


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  • indianabacklog
    08-01 10:26 AM
    The G325A form contain the below text.

    Applicant: Be sure to put your name and Alien Registration Number in the box outlined by heavy border below.

    My lawyer mentioned that it is A# number. At present we dont need to fill anything.
    Is it true?
    If you have an A # you can enter it, if not then this should be self explanatory.

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  • Blog Feeds
    07-07 08:10 PM
    Temporary Protected Status and Expired Employment Authorization Documents

    One must accept a Temporary Protected Status (TPS) beneficiary's expired Employment Authorization Document (EAD) if DHS has automatically extended its validity in a Federal Register notice. Automatically extended EADs are listed on the USCIS web site. EADs issued to TPS beneficiaries will include one of two category codes: �A-12� or �C-19.� You must not require an employee to provide proof that he or she is a national of a country that has been designated for TPS.

    When creating a new case in E-Verify for newly hired TPS beneficiaries, select �Employment Authorization Document (Form I-766)� as the document presented and use the date to which the EAD was automatically extended as the expiration date. We recommend that you read the TPS information on the USCIS web site carefully, as the EAD automatic extension is usually shorter than the TPS extension date.

    When re-verifying an existing TPS beneficiary�s employment authorization in Section 3 of Form I-9, write down the date to which the EAD was automatically extended as the expiration date. Never use E-Verify to re-verify an existing employee�s employment authorization.

    Once the automatic extension of the EAD expires, re-verify the employee�s employment authorization again in Section 3 of either the original Form I-9 or a new Form I-9. The employee may choose to present a new, unexpired EAD, or any other document from List A or C of Form I-9 that shows he or she continues to be authorized to work in the United States. Federal contractors with the FAR E-Verify clause must follow special rules for verifying new and existing employees, including employees in TPS status. Federal Contractor needs to check the Supplemental Guide for Federal Contractors for more information.

    More... (


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  • psk79
    10-25 10:16 AM
    Hi, Today my I485 had a LUD and when I check the status it is saying:

    Document mailed to applicant.
    On October 24, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    I already received everything and went for FP 20 days ago. I missed the appointment and then went the next friday and they took the prints. I was told that I didn't need to reschedule the FP. I had the LUD after the FP date too.

    I have seen that someone had this same status but did anyone ever receive nay other document in mail?? IF so what is it???


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  • gc28262
    12-01 08:08 AM
    Nebraska Service Center mailed I-131 approval notices for me and my wife on 28th Oct. But we never received them. Its been a month now. So, I called USCIS today morning and they say I need to reapply for I-131 for my whole family because some one else might have picked it up.

    I called up post office. They say they have no mails on hold.

    Is reapplying the only way out?

    This happened with me with Texas service center. They insisted they had sent it. But in reality they never sent it. I was told the same "You need to apply for a fresh one. That is the only way out of it." I was determined not to pay fees a second time for no fault of mine.

    Details below. (Not sure about NSC though)


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  • girishvar
    08-10 05:44 PM
    I dont know the answer. Please call NVC to get the correct answer.

    Thanks girishvar

    So ones I have new passport should I have to send copy to Consulate or NVC?

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  • mirchiseth
    03-15 11:39 AM
    As you can see for my profile my labor cert was filed in Dec 2002 and I am Eb3 India. So all these years I have been assuming my priority date for I485 processing as Dec 2002. But now it seems there is a problem.

    There have been two I-140 filings for me - first the original one which has the correct priority date of Dec 2002. Later on the company was acquired and the new company filed a successor of interest I-140 in Aug 2007. This I-140 was approved in March 2008. I have copy of this 2nd I-140 and didn't pay attention to the priority date printed on this I-140. To my dismay the priority date mentioned on the Aug 2007 approved I-140 is Aug 2007.

    I wanted to find out what was the priority date in USCIS records and I called the 1-800 number. They asked me to meet the local USCIS office so took the Infopass this morning. The local San Jose USCIS office says that they would take the Aug 2007 as the priority date :( and have told me to contact my attorney.

    As you can imagine I am quite devastated. Has anybody been in the same situation where the priority date on I-140 was different from Labor filing date? How did you get it corrected.



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  • glus
    04-15 07:24 AM
    I suppose you are doing consular processing? Right? Well, when the consulate is aware that your PD is about to be current, and if all other tasks are completed, they should send you packet 60-90 days in advance of your interview.

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  • fromnaija
    09-12 07:28 PM
    My friend has a question. His wifes H1 got approved. As of now she doesnt have job. What if she gets job in dec/Jan. There wont be any pay roll for october and november. Will this create any problem at the time of visa stamping in India if she goes for vaction later in next year.

    Is there any time limit to Start working after october.

    If you know the answer correctly please write,

    Not an answer but a question. How did she get H1 without a job?


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  • shukla77
    05-27 04:48 PM
    Paying little extra money works. I paid 8k for two people and got the date. In Delhi and some other cities this is a big business. The person I talked to spent 2 nights and got the appointment.

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  • srikanth003
    04-01 10:10 AM
    @sac-r-ten - thanks a lot for you quick response... sounds similar to what i've been hearing so far...hope nothing changed recently...

    if any one with recent experience on this, please post ur reply. highly appreciated.


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  • Michael chertoff
    03-08 11:53 AM
    Please see your PM

    Please share the information with everybody. I am also in same situation.


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  • aj_jadeja
    11-14 12:15 AM

    Please chk this URL its about lame duck session . I know its dated Nov 9th but still.

    it says this.

    November 15 and 16, Subcommittee on Immigration, Border Security, and Claims, oversight hearings entitled ``The Energy Employees Occupational Illness Compensation Program Act: Are We Fulfilling the Promise We Made to Cold War Veterans When We Created the Program?'' (Parts IV and V), 2 p.m., on November 15 and 10 a.m., on November 16, 2141 Rayburn.

    I m confused with above details.


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  • goel_ar
    07-26 07:36 AM
    But it won't have to go through lottery?

    09-04 01:45 PM
    Thank you for your reply.

    I actually spoke to my candidate and he will now be using the premium service for his H1B and then resigning since he can transfer.

    Now, the question I have is how expensive is it to transfer the H1B and can the candidate travel during the transfer?

    Thank you

    08-11 09:10 PM
    You are not mandated to report on AC21 (job change) so my advice is not to report it till USCIS ask's you.

    For address change. Yes you need to report that. But if you can retain your current address for just this one month and perhaps commute (fly) to your new job you can take a chance. Just my advice

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