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  • GCwaitforever
    06-19 04:09 PM
    I heard that once we start using EAD (immigrant intent), we could never go back to using H-1B (quasi non-immigrant). Many lawyers suggest not using EAD as yet because if I-485 is ever rejected for any reason, we could still be on H-1B and go on for few more years and leave the country comfortably. Without H-1B in those circumstances, we would be out of any status and we have to leave the country immediately.

    Your friend might have applied for EAD, but primarily he must be staying on H-1B only. His wife could be using the EAD very much.





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  • prasadn
    03-01 08:27 PM
    When my wife entered the US, since her passport was nearing expiration, the officer at POE put in the I-94 valid until passport expiration date (March 15, 2009), even though H-1 is valid till Sept. 2010. Eventually she got her passport renewed, but we are not sure if she has to travel out of the country before this date to get a new I-94. We have filed for 485 and she has a valid EAD & AP. Here are my questions.

    1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?

    2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?

    Thanks in advance,
    Prasad





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  • chanduv23
    01-25 02:43 PM
    This is still on. Singhsa3 will be there. Please attend this





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  • Singer
    10-21 11:06 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer



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  • nixstor
    02-09 06:09 PM
    http://hammondlawgroup.blogspot.com/2007/02/advocacy-alert-retrogression-were.html

    check it out!





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  • EndlessWait
    07-23 01:43 PM
    huge 1 micro second late and will be pending for "quota unavailability"



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  • chanduv23
    01-13 11:32 AM
    Attorney Prashanthi Reddy is in India now on a vacation and will not be on IV chat till the 3rd week of January. She plans to conduct her chat sessions once she comes back and I or someone else will post details.





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  • reddymjm
    05-05 04:27 PM
    You will get your GC before your AP and EAD for sure. You missed the 2 year EAD and AP man. ;)



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  • Sushie
    08-17 01:48 PM
    Hi Everyone,
    I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
    I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
    The Officer asked me to visit USCIS office to apply for EAD.
    Please help me with this situation..Does a H1 get an EAD and then a SSN?

    Thanks N Regards,
    Sushie





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  • suny_saini
    08-05 11:46 PM
    My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

    but i have a valid point mentioned after the follwing subject. please check if the point is valid.
    ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
    REF: (A) 02 STATE 163054 (B) 02 STATE 123775

    -------

    If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

    follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

    purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

    derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

    join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

    in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

    within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

    approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

    adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

    I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
    (READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

    I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
    IS THERE ANY OTHER WAY ANY ANY ANY WAY???
    CAN THEY APPROVE IF I REQUEST THEM ?
    WHAT IS the way out?

    I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

    I have found this point please have a look and determine if there is a chance?

    VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
    ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
    SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

    JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

    ALSO there is a last hope

    A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

    a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

    terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

    203(g) termination will be considered a "final determination.")
    AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

    WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

    Please correct me.



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  • snarla
    06-21 01:40 PM
    My friends recently went to the consulte in Nogales to get their H1B stamped and they told me that we can enter Nogales with out any visa ... You might want to explore that or find any other places that are closer to where u live and do not need a visa to get a new I94 ...

    I am in the same boat as u and i donot even have my new passport with me yet ...

    GoodLuck ... Hope things work out for you ... do post your experiences when u are done with all this ...





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  • meridiani.planum
    04-07 05:00 PM
    Can we get an appointment with the President and explain the problems faced by EB immigrants....

    1. Travel restrictions (no travel during H1 extension etc..)
    2. Driver license issues
    3. Wasted Visa numbers
    4. Inefficiency of USCIS
    5. Need to increase EB quota



    just get in line there in the Rose Garden, right behind Al-Maliki as he explains why everything is going kaboooom in Iraq, and in front of Bernanke as he explains why everything is going kaboooom in the economy. When its your turn do tell the president about the inefficiency of the USCIS.



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  • itstimenow
    08-08 03:31 PM
    I am not sure what it is misdemeanor or felony. I received an arrest warrant mail to report to police station I went and I was fingerprinted/photographed. I was asked to pay the traffic court fine and that is it.

    Check this if it's a misdemeanor activity. You can call court in your county, give them yr docket/case number and find it out. Hope this helps.





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  • Law Loving Alien
    10-25 12:00 PM
    Gurus,

    USCIS is suppose to give decision in 15 business after filling I140 in premium processing ( or converting existing I140 application to premium processing).

    I have seen several person mentioning that they not only got their I140 decision but they got their I-485 expedited too after converting I140 to premium processing ? Is this true...... My I140/I485 was filled at NSC in June 2006...and I have not recieved any decision for my I140 yet....Is it worthwhile to convert my I140 to premium processing ... I am sure I will get my I140 decision in 15 business days but will it expediete my I485 case too after position decision of I140.... Please provide your thoughts...



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  • pbojja
    10-13 02:01 PM
    http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0


    This is ridiculous , If you are having 11 -26 year old kid or wife , you should be outraged . Dont risk the life for GC , I know its just a vacination but why only for immigrants ?they want to test the vacination on immigrants ?

    If you have a kid do a i-report to CNN , get the attention of media , write to 60 minutes.





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  • Saralayar
    08-11 03:43 PM
    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.
    At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.



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  • jamesingham
    06-22 04:20 PM
    Mine is the same company that applied for EB2 in the first place





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  • calabor2001
    06-20 05:44 PM
    Its kinda sad, but I can relate with both the sides here. For folks who are stuck in the stupid AAP (NameCheck, Security Clearance) - the life is harsh - especially if you just came for a quick trip. I am dealing with it for the last 5.5 months and it hasn't been easy. Thankfully, we have a workaround.

    But yes, I do agree that missing a lifetime wedding of a sibling because you will get stuck for a few months is perhaps taking it too far. Now, I know folks who have/are doing this and they have valid reasons. We all have our own reasons and to each his /her own.

    If you can get Advance Parole then travel with it. If you cannot, then just be prepared for the long haul and prepare your company/client - lawyer and ensure there is a support system that will see through your obligations in States. US Govt. will eventually clear the Visa - the sibling may not necessarily marry again! :) Make your choice! Good Luck and do the right thing for you!!!





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  • Berkeleybee
    03-07 11:30 AM
    Dspg,

    That post was not about my or IV's "worrying" about the doom and gloom crew - it was to ask them to cut the wailing and get up off their butts and do something.

    I sincerely hope you are.

    best,
    Berkeleybee





    ASR
    07-08 02:51 PM
    Hi All,

    Give me all your valuable suggestions for the below case:

    - Got a full time offer for my wife who is working on H1 and has EAD too.
    - She decided to transfer her H1 instead of using EAD.
    - My wife has sent all the necessary documentation to the lawyer.
    - Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
    - We have not received I 485 approval notice through mail yet. We just have email from immigration

    Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.

    Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.

    Your response is highly appreciated.





    WeShallOvercome
    07-26 12:55 PM
    There's a user named 'whermygc' on page 10 of .



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