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  • desi3933
    07-18 03:31 PM
    1. Can we use AC21 provision without EAD card ?
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?

    1. Yes.
    2. Yes
    3. Yes

    Not a legal advice.

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  • check_name
    07-26 07:05 PM
    wow, thanks a lot for the reply!
    I will come back often to update and do my share of contribution.
    seriously, I feel the green card process is getting worse and worse.
    my friends told me that things were not that bad prior to 2002.
    starting 2002, it went downhill like a free fall. I have friends who haven't got their labor (turned in late 2002) done. some of them got laid off recently, and they have to go from zero again. they're seriously considering leaving the States.

    Green card is like a rope on the neck.

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  • anandrajesh
    11-26 02:35 PM
    Thank you so much for your response.

    So If I understand correctly I will have to staple the current I-94 (bottom part of I-797) from company C to my original I-94 in the passport i.e the I-94 I got at the time of entry (the one which has the company A info , I mean the type of visa , valid till etc.)

    What abt the I-94 from company B(the one which I have the copy of) . Does it need to be stapled too while I am leaving US ? If yes, can I staple the copy ?

    Thanks again for your time.

    I was under the same situation as u are, when i left to india last month. I stapled all I-94 records together and gave it at the airline counter. It is Arrival/Departure Card and they need all the documents to document your status correctly.

    As far as the Interview, I Carried current I-797 original for the interview and carried all copies with me. I had the copy of all approvals NOTARIZED by my Attorney.

    The interview at the embassy was a breeze. No questions asked, none answered :)

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  • small2006
    08-28 05:15 PM
    This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21

    Response from my attorney for a similar question a while back was that the sponsoring company that has filed for your GC should "relieve" the attorney from representation and then they are free to represent you alone with some other company. Unless you don't want the current employer to know about your plans, you may try this option.


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  • waitin_toolong
    11-08 02:04 PM
    show your H1 documents as well as EAD at SSN office.
    it does not matter how you get SSN.

    even if you get SSn based on H1 only you will be fine.

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  • logiclife
    03-08 04:41 PM
    Guys and Gals,

    I am pretty pretty sure most of us have a lot of H1b friends we can talk to about immigration voice and bring them on board.

    Join this effort and make a difference. Joining at the last moment when legislative debate is taking place may be too late a time to join and bring more members.

    Email me at jay@Immigrationvoice.org and you can start helping today. All we need is 45 minutes of your time per day for a few days until we reach a 10,000 volunteer mark.

    Help us make this chain-recruitment work. We cannot have the same few 20 people trying to bring new people on board coz those 20-25 members dont have unlimited friends they know who CAN be involved in this.



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  • WaitingUnlimited
    09-21 02:31 AM
    I am not an attorney but I was in almost similar situation.

    1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.

    2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved

    3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.

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  • morchu
    04-22 09:41 AM
    Since your H4 COS is not approved yet, you are not YET in H4 status.

    So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.

    Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.

    This is a typical situation where you should file for Premium Processing (of H1 COS).

    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.


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  • desi3933
    02-23 03:17 PM
    .... you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.

    This is not correct.

    One can use unexpired H-1B visa stamp along with the latest I-797 to get I-94 date as mentioned in the I-797 approval notice.

    Not a legal advice

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  • sanprabhu
    07-19 01:32 PM
    I hope USCIS comes with premium processing of EAD. Or they should come with i-485 premium processing so that AP and EAD can be issued withing 15 days or something.

    That way they can make some money over this flood of applications and I am sure many of us want EAD badly for our spouse because they have job secured.


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  • njboy
    10-30 04:02 PM
    yeah the meeting was really good..I got to meet many people but had to leave a bit early. For a first meeting (for me) I got an overview of IV etc and put faces to the handles I see in here. For future meetings I think we should
    1) establish action items
    2) find volunteers to carry out specific action items
    3) set drop-dead dates for each item
    4) find a conduit for communicating back the results /feedback from the implemented tasks (yahoo groups works fine)
    5) list out our progress/obstacles/lessons learnt

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  • kaisersose
    06-14 10:16 AM
    I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.

    That is good, but be prepared for the possiblity of the company changing its plan to rent your place, at some point. Hopefully, it never happens, but just be prepared anyway.

    How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(

    CPA question.

    Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?

    I bought a home a couple of months ago with a 2007 PD and had no trouble at all with mortgage.

    did you guys specified non resident alien in your mortgage application and did it have any affect on rates?

    No impact.


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  • bheemi
    07-05 03:30 PM
    dont worry about it all.Because i did same thing exactly like you..And i got h1b ext twice after that and got h1b stamped twice and travelled out of the country 3 times after that..nobody questions about it all..

    They only see whether you are out of status more than 180 days..it is legal also to work for 2 employers with 2 petetions..so dont worry about it at all...

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  • malibuguy007
    10-01 07:06 PM
    I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.

    His confirmation number is 86FZ6-TMC55


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  • javadeveloper
    05-26 05:23 PM
    Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

    I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

    So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

    How ever, I need to make this is false. Still I dont agree this logic.

    Do you have any link/url?

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  • H1B-GC-NY
    03-10 05:16 PM
    Any I140 recent approvals regarding 3 years degree Education RFE?


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  • harivenkat
    05-17 02:36 PM
    CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.

    The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.

    Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.

    The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.

    "The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."

    Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.

    Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.

    Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.

    Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.

    A judge later agreed to suspend her deportation order and reopen her asylum case.

    Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.

    In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.

    Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.

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  • amar123
    07-19 04:02 AM
    Hi All,
    I have a question regarding the status check of the 485 process. Does USCIS change the Updated date (maybe a soft LUD) before approval/completion of processing of 485 on the Case Status.

    I know its a yes/no/maybe not always kinda answer but I wanted to check with those who already had approved 485s if they had noticed updates before the Approval. If yes, what is the usual timeframe after the update when the approval has been noticed.
    I am sure, like me :) you must have kept checking the Case Status page like crazy once the dates were current so, please respond and I am sure many will benefit from your responses.

    I am sure, many of you who are still waiting like me,already have friends who went thru this process, so, even your inputs are welcome.


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  • seaken75
    11-01 03:22 PM

    05-21 06:01 PM
    But what if some amendment convert 90K to 190K ? Will IV support the bill then? I think the entire bill is not that bad we can swing it into our favor by changing few details :)

    Yes, I guess they have to then. If your problems are taken care of, then you would support the bill. Wouldnt you?

    If you remember last year...Sen. Cornyn was opposed to S 2611 before it was dabated. And he was opposed to it even after amendments and debate were over. He voted against S. 2611. However, he still put SKIL amendments even though he was against the bill before he inserted his amendment and after.

    Like I said, if you cannot take a position, how can you even justify reason for amendments? The very reason to offer amendments is disagreement with the current form. If you support this bill, you might as well say "Thanks for sticking it to us and giving away GCs to Y visa holders and untested merits system at our expense. We love to get screwed and we support this bill".

    Its not like that the powers to be would take it as an offence and block our amendments. This is the US senate. Not a bunch of prickly teenagers. You can work together with people even if you fundamentally disagree with them.

    05-10 06:07 PM
    What the heck do you mean by "we" are expecting?

    Who's "We".

    Just stop spreading random rumors. If u have anything credible to say then say so. Otherwise stop.

    I think its a royal we.

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