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  • mallikonnet
    09-20 09:29 AM
    I have similar situation, got all my Receipts and got FP appointment. My H1 expired in 1st week of September. I would like to have H1 extended but, my employer and lawyer are saying "it is not possible now, and you will get your EAD dont worry".

    Is there any way that i can get my H1 extended

    Hi what kind of lawyer he is to say it is ok work after H1B expires with no EAD in hand. Technically you cannot work until you receive your EAD.

    Ask your employer to see if he will do an extension if you pay for the expenses.

    good luck





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  • rolrblade
    07-31 04:36 PM
    Did they give you a temporary one or they straight away issued a new permanent DL. Right now all I have is a sheet of paper with my name that states temporary drivers license. I cant even walk in a bar to buy beer ... its annoying!

    uuuhhh. I can atleast respond to the drink question! use your passport. that is valid proof of age. The law does not require everyone to have a drivers license. Driving is a privilage.......not a right. So, feel free to take your passport in as proof of age and enjoy the drinks :D





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  • sunny1000
    06-06 07:09 PM
    I heard I-140 premium processing has been restarted. Is it true?

    Where did you hear this? Can you please let us in on your source(s)?





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  • sxv7392
    12-11 01:22 PM
    I really appreciate what the CORE team is doing. I just found out about this a few weeks ago and I see lot of thing happening. I am willing to help in any way possible. I need some direction..............................



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  • aviv
    09-25 11:34 AM
    before the new quota begins..
    Any ideas how many visas are left? I still see a few approvals in ...
    Could we see more approvals coming starting Oct 1 st?
    I am getting desperate. MY PD is Aug 03 EB2 and it is current. Every day is a torture working for my current employer...

    my last resort will be AC-21 Jan 2008


    Mr LouDobbs!!

    What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything

    EB2/India/PD - July 2003
    I140 approved - Dec 2006 at TSC
    I485 mailed on 29th June to TSC
    RD for 485, 131 and 765 is 8/15
    recd EAD with Country of birth USA!! - 8/23
    FP done on 9/14 - Got LUD after FP
    Recd I 765 on 9/19





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  • whitecollarslave
    01-28 01:54 PM
    Thanks for the response.
    I think Sergey Brin, one of the founders of google immigrated to US as a kid, i.e. not on EB quota or H1/L1.
    I am looking for those who are either -
    - currently on or were once on H1/L1/AOS pending.
    - immigrated to the US using Employment Based immigration.
    Any and all responses appreciated. Thanks!



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  • sunderbans
    04-07 06:37 PM
    Hi

    I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.

    Please let me know thanks





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  • gc_chahiye
    11-29 04:38 PM
    Hello Gurus,

    I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.

    Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?

    thanks.

    Yes, you can re-enter on AP even if your 485 gets approved in your absence. Carry your AP, 485 receipt copy etc with you.
    Only potential for trouble is if your 485 gets denied for some reason. Then the only way to re-enter would be some visa...



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  • piyushpan
    04-07 05:05 PM
    Yes i think so. You need a U.S degree for stamping.(H1)

    My wife changed from H4 to F1. Do you know if she can get stamping in Canada for F1?





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  • glamzon
    07-23 03:41 PM
    R.William



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  • ilikekilo
    07-02 08:48 AM
    Hi,
    I just got married not long ago.

    I'm planning to apply I-485 this july.
    My question:
    Should she change her name prior to applying I-485 or she can do it after we applying I-485.
    How easy it�ll be to change last name while I-140 and I-485 pending?

    Anyone in the same boat?

    Thanks in advance.
    maccaid

    i would not hcange until ur done with ur gc....its a pain...wait if u can wait





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  • snathan
    02-03 02:22 PM
    hello boss...
    whoever is replying to my thread...
    iam not faking or frauding anything ..and you guys dont have any right to tell me.
    I had a very nice job back in my home country and iam well experienced guy..
    unfortunately due to some personal reasons nothing strike me in my way.
    u guys dont have to be so rude.
    thought i will get help from this forum but not a negative response

    thanku very much

    Mr.Matt krusse, every one knows that you are an dump as& h*le... how we know that. we are smarter than you....and thats why you are begging us,



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  • mbartosik
    04-10 09:32 PM
    I posted a few days ago here
    http://immigrationvoice.org/forum/showthread.php?t=544

    For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.

    Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.

    Thus we need a law to allow keeping the PD even if the job description has changed.

    Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.

    My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.

    If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?

    What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.

    There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.

    So in summary law changes:
    1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.

    2) Consider allowing concurrent PERM filing.

    3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.





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  • mambarg
    07-26 12:57 PM
    This person mailed on June 28 and app received on June 29 and got his notice date on July 24. Today.
    I could have been with him today but for my attorney who got extremely busy and did not file my 485 with 140 and got stuck with July fiasco



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  • gotgc?
    09-14 10:20 AM
    Thanks for all your replies!

    My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.

    I was holding H4 visa before I started using the EAD.

    Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.

    I definitely want to speak with an attorney so Gus I will PM you.

    You are fine man..I was in the same situation as yours...I had filed for LC Sub I140 in June 2006 and it was pending. I filed I-485 in July 2007 based on this I-140. Then I filed another I-140 in Jan 2008 based on my original labor and it was approved in Feb 2008. All this time, my first I140 was pending and it was denied in Sep 2008. I thought I am ggoing to lose my I-485 because it was filed based on that.

    My lawyers confirmed me from AILA Inquiry that my I-485 will still be active based on the I-140 approved in Feb 2008. You dont need any re-linking. All USCIS needs ti keep I-485 active is one approved I-140. I confirmed this with 2 Info pass appts. My I-485 is pre-adjudicated status and it has been 2 years...got multiple EADs, AP, travelled and came in..no issues...so dont worry. Your I-485 will be actibe based on your approved I-140. You dont need any re-links.





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  • uimv
    03-15 01:55 PM
    Incorrect!
    Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).


    Thanks.
    So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
    (The pdf does not state what action USCIS will take)



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  • sobers
    06-16 10:03 PM
    The only reason why the House hasn't given in on CIRA is because of the incessant pressure of restrictionists such as NUmbersUSA activists. Look at how active they are. Granted one has to be a Citizen to vote, but the first amendment gives us ALL the right to free speech and express ourselves. That is why IV is legal, and that is why the least we can do is a webfax campaign regarding Skilled Immigration (SKIL bill) AND show up at local meetings with Congressman.

    Believe me, if we don't speak up, no one is going to do it for us. People like me with 02 priority dates are going to wait atleast two more years, folks who filed in 05 may get to wait 5+ years for their GC. This is the way things look currently.

    The Illegals like the Chamber of Commerce, the big lobby Ag, Hotel/Travel, Construction, Meat-Packing, Industries, the Catholic Church and big ethic lobbies like MALDEF, La Raza, besides millions of hispanic votes.

    The other side also has the power of millions of votes and a LOUD VOICE.

    We have nothing compared to them. You can see we are small fish...that is why we need to do all we can to make ourselves heard.

    =========
    From: Roy Beck <ImmigrationInfo@numbersusa.com> Add to Address Book
    Date: 2006/06/09 Fri PM 02:15:30 EDT
    Subject: Time to turn up the heat on Congress

    .t1generaltext { font-family: Verdana, Arial, Helvetica, sans-serif; font-size: 12px; color: #000000; padding-top: 3px; padding-right: 5px; padding-bottom: 3px; padding-left: 5px; margin: 0px; } >
    From: Roy Beck, President, NumbersUSA
    Date: Friday 9JUN06 9:30 a.m. EDT


    Please take some actions today .... and prepare for many more actions next week

    DEAR SUPPORTERS OF LOWER OVERALL IMMIGRATION,

    Thanks to all of you who -- in the two weeks since the Senate voted for a massive immigration increase and amnesty -- have been regularly checking your Action Buffet for new actions and who have been responding to the several Fax Alerts that we have sent you.

    Now, it is time to really start turning up the heat again.

    I'm asking each one of you to do at least one of the following TODAY.

    Members of Congress are feeling great pressure from our side, but we must really escalate that pressure if we are to totally block all the immigration increases in the Senate bill. Thus far, the Republican majority in the House of Representatives has stood firm against the national Republican Party leaders and President Bush. We have a lot of hope that the House can hold the line against the amnesty/open borders plan of President Bush, the Republican National Committee and nearly all Senate Democrats. BUT IT WILL HAPPEN ONLY IF ALL OF YOU DO WHAT YOU DID IN APRIL AND MAY.

    There are a lot more of YOU than there used to be.

    Last Saturday, our Activist Membership crossed the 200,000 mark! That means we have almost 100,000 more of you working together in this cause than we had last December when we pressured for toughening amendments to the House-passed H.R. 4437.

    Action No. 1: Send all the faxes that have accumulated on your Action Buffet corkboard.

    We can tell from the number of faxes that have been ordered over the last two weeks that many of you have taken a much-deserved break from activism and not been sending the new faxes we have posted on your customized corkboard.

    Please go now to:

    www.NumbersUSA.com/actionbuffet

    Action No. 2: Tell us when and where your Senators and Representative are holding town hall meetings

    You should see a thumb-tacked note on your corkboard asking for this information. When you click on the note, you will go to a page that will give you good instructions for how to track down this information.

    There is no central place to find out when and where Members of Congress expose themselves to the voters. In fact, they try to keep it as secret as possible because they don't really want to have to hear directly from you.

    That is why the town hall meeting part of our Action Buffet is so very important.

    NumbersUSA doesn't have the staff to dig out potential meetings of all 535 Members of Congress. We MUST rely on you to send us that info on your own Members so we can share with everybody else from your state and District.

    Click on corkboard note to send us town hall meeting information

    Action No. 3: Attend any meeting or event where your Senators or Representative are expected to appear

    Nothing you do will be as powerful as attending in person one of the events where your Members of Congress appears, and then asking a question or making a statement about immigration -- or even holding up a sign giving your view on immigration -- or applauding another voter who expresses your opinion on immigration.

    You all have become great faxers and phoners. But we must have many, many more of you personally confronting the Members of Congress -- especially the ones who have Immigration Grades ranging from F-minus to B.

    See your Members' immigration grades at:

    www.CongressGrades.org

    If you see a thumb-tacked note on your corkboard that announces a meeting of one of your Members of Congress, PLEASE LOOK AT IT -- and make plans to attend.

    Get some friends to go with you to ensure that you will have a cheering section.

    And be sure to use the feedback devices on our page that allow you to easily let us know you are planning to attend and to give us a report when you return.

    Action No. 4: Call some friends or let us know that you plan to visit the local office of your Representative or one of your Senators next week

    These Members of Congress must have voters in their local offices putting the pressure on their staffs to block the Senate amnesty and immigration increases.

    If you are interested in doing this but don't want to go alone, send us an email through our Help Desk form and we will put you in touch with other people in your area who are trying to make a trip.

    PLEASE NOTE: We have a new way of your communicating to us in which you cannot just hit REPLY to our Alerts anymore.

    We are not trying to make things difficult for you. But with 200,000 members, our staff simply has not been able to keep up with your emails. We have hired two interns for the summer to help Jon and Jeremy. But we also must create a better system of categories if we are to provide the level of service we once did.

    So, you should always communicate with us by:

    (a) clicking on the CONTACT US link in the navigation bar at the top of our web pages. That takes you to the HELP FORM link.

    (b) or putting this address in your directory and regularly using it:

    www.numbersusa.com/helpform

    On the Help Form page, you choose the category in which you are writing and send us an email that way.

    Thousands of people have already started using this form in the last month, and it is accelerating our ability to respond.

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

    Thanks for jumping into this TODAY before you move into your weekend family and recreation activities.

    Then, please, plan to do something Monday and during the rest of the week.

    We will be sending you additional guidance on how best to stop the amnesty -- or at least keep it from passing this month. The longer we can delay this, the better our chances are of winning.

    Thank you,

    -- ROY





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  • desi3933
    06-02 04:27 PM
    I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)

    Thanks,
    Murali


    You new employer can file for H-1B change of status for (upto) 3 years since you have I-140 approved and your PD is not current. The fact, that I-140 was applied by current (or ex) employer, does not matter.

    Hope it helps.


    _________________
    Not a legal advice.





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  • smuggymba
    10-05 03:25 PM
    excuse me. What wrong with this info. EB3 was/is badly suffering because of those illegals. Looks like ur the anti and the troll.

    Troll alert. This guy is trying taint eb3.





    gc4me
    04-07 03:58 PM
    I was in the same situation. Got my I-140 through FOIA, my I-824 got rejected (applied both whichever comes first). Check the bellow thread that I created and posted my experience.

    http://immigrationvoice.org/forum/showthread.php?t=16863&highlight=FOIA

    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?

    Thanks





    wellwisher02
    03-29 09:37 PM
    Hello All,

    I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following

    1 ) My H1B visa expired on 12/09/2006 from Company A
    2) I have I94 from Company B and I want H1B visa from Company B

    In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".

    I am from India and I going to Canada on Visitors visa.

    Please let me know.

    Thanks,
    SG


    ---
    As far as I believe, you should not have any problem whatsoever in getting your H1B visa from Company B stamped in your passp
    ort. You need to carry all relevant documents related to H1B (including old H1B approvals, old passport (if any), employment credentials, proof of address, W2 forms, etc) so that you're not caught unawares during the H1B visa validation process. Before you board the flight back to the US with your new H1B visa, the US Immigration/Customs counter will issue you a new I-94.

    God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.

    On "issue visas for residents of our Consular district and for state-side revalidations only", I'd suggest you call up the US Consulate to make it doubly-sure you do not run into any issue.

    I had been to Vancouver, Canada a couple of times to get my H1B visa stamped. On both occasions, the H1B visa stamping was successful.



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