Tuesday, June 28, 2011

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  • maxy
    04-22 09:59 AM
    Has anyone tried extending NJ DL using H1b extension receipt ?

    My H1b extension is in VSC and looks like it will take long long time to come back....DL is expiring in 30 days, with EAD my renewal would be for 6 months only as EAD also expires in Aug.

    wonder if they will accept H1b receipt with employer letter ?

    please share your NJ DL experience.

    Thanks





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  • i99
    09-05 11:31 AM
    I am on the same boat like many.





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  • jvsap
    05-25 11:27 PM
    Hi,

    My Perm LC is applied in DEC 2007, GOT AUDIT RFE last week.

    I am really worried about RFE. My Employer advised me we need reply them quickly in 1 week so that they feel we are serious.

    Mine is BE+5years, applied under EB2 CATEGORY. I have 9+years of experience.

    My employer advised me create a document which explains the Job Duties and responsibilites etc project by project.
    and documnets including resume, experience letters, etc.

    Can any body explain me what exactly uscis is expecting from me , what kind documents/avidence they are expecting in RFE ?

    RFE Reason says:

    Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstarting that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was ina position not substantially, i.e., not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstarting that it is no longer feasible to train a worker to qualify for the position.

    Thanks & Regards,
    jvsap





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  • gman
    04-11 01:43 PM
    My PD is Feb 20, 2006. I fall into EB-3 ROW and it seems like my PD will be current in May 2008. I filed my I-485 in Aug 2007 and have had my EAD and AP approved. I got married in Sept 2007 and my spouse came here on H-4 after our marriage and we both have valid visas respectively H1 and H4. She can't file I-485 to adjust status until May due to PD not being current. We would like to handle the task of filing I-485/EAD/AP for her ourselves without paying our attorney. I do have all documents my attorney filed for myself so I plan to mimic them when we file my spouse's papers.

    What I do not know is, if there's anything we need to do for her to represent herself. Do i need to let my attorney know that we are filing I-485 on our own? Does my attorney need to do anything?

    I am thinking that her application should be easier than mine as she is simply a dependent.

    Do I need to sign anything or fill out any form as the primary applicant or the approach is simple.... as long as she can prove that she is my spouse, (I have a I-485 pending) and PD is current she can do AOS?

    Do all forms for I-485, EAD and AP need to be mailed together? Is information about her background/work/school diploma needed?

    Has anybody been in this situtation or similar and is there a checklist of things to do?

    Thank you in advance for any help or advice.



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  • JunRN
    09-18 04:42 AM
    It depends on your Service Center. For TSC, you can have your EAD after 11 weeks from Receipt. For NSC, you can have your EAD after 12 to 14 weeks from Receipt.

    Yeah, it could be on October or early November.





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  • rajnag21
    07-05 11:52 AM
    Hi All,
    Is no one willing to share information with me ?



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  • ashkam
    08-09 03:19 PM
    But my lawyer chose this. and I already signed the form. Does it really matter? As he stated " Spose has an approved I-140"

    I'm sure you'll be okay. All they want to know is the basis of your eligibility for filing I-485 and choosing (h) and adding this explanation should be fine.





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  • abcdefgh
    11-13 06:23 PM
    Hello

    I am on currently H1B visa using AC21 portability based on I140 approval from previous employer. This is my 9 th year and H1B is expiring April 2010. My current employer is starting H1b renewal again. I do not have H1B visa stamp in my passport as I did not travel outside the USA for last 5 years.

    Through my wife's I 485 filling I am beneficiary on that petition. I have applied for advanced parole for both of us to travel out of USA somewhere around March 2010.

    My questions are follow:

    1. Upon travel when I try to come back should I use this advanced parol or get a H1 visa stamp on my passport and make a entry based on H1 Visa?
    2. If I use advanced parol to make an entry does it invalidate my H1 status? I heard somewhere that If I use advance parol to make an entry than I can no longer be on H1 visa. In my case advanced parol I am getting is based on I 485 benefits from wife's I485 case.
    3. If making an entry on advance parol does not affect my H1 status, then should I still go to US embassy and get H1 visa stamp? Or it is no longer needed? Is it advisable not to have H1b stamp in my passport at all because I can use Advance Parol for internation travelling? The reason I am asking is because to get stamp in passport will require me to travel to embassy and consume my time from very limited time I am travelling.
    4. What are the documents I need to carry while I travel if advance parol is advisable to be used at port of entry?
    5. What are advantage/disadvantage of Advance Parol Vs H1b Visa for making an entry?
    6. and Lastly, the things I need to keep in mind while at port of entry?

    I know, I am asking too many questions. But to be honest, I am really nervous about this traveling as I have not travelled outside the US for last five years. And you know during these years many things must have been changed.

    I really appreciate any advise.

    Thanks

    Sanjay



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  • sounakc
    05-30 07:41 AM
    ^^^





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  • elaiyam
    07-16 02:05 PM
    Does anyone know what the following status means for I-140:

    Current Status: Document mailed to applicant.

    On July 16, 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.

    Is this GOOD or BAD?

    Does anyone have experiance with similar status change?



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  • texandude
    06-21 12:06 PM
    Hi,
    I have been offered a job with a company who has an approved labor of Priority date Dec 2002. Seems like a good deal but I wanted to know if Labor Transfer is still possible. I mean Labor can be transfered from someone's name to mine.

    Please respond ASAP.If I can get a response it'll be great.





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  • hope4gc
    09-08 06:58 PM
    I am in the same situation.
    I am applying H4 for my my wife, but the question 3g in Part4 , i am not able to make a right choice
    Yes if she has worked after admission in the US - Qualifies for this
    No if she is going to be dependent on my H1B - Qualifies from the date of approval

    What should be choice in this case as she will have worked for 10 months before getting the H4

    We also need to provide employment details on part 4 continued section for both Yes and NO

    can somebody throw some light on this?
    Thanks
    :confused:



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  • up_guy
    02-21 09:15 PM
    I know that PERM labor gets expired if one does not file I-140 within 180 days of labor's approval date.
    I am wondering if DOL has any procedure to revive expired approved/unused PERM by filing some sort of request/appeal or by paying some sort of fees etc. or if not ,then one files a new PERM by referring the old unused approved labor for the same job and same person then DOL can give an expedited approval.





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  • funkycatspangky
    07-19 09:03 PM
    Thank you for all the quick replies.

    I understand that in october, they might bring up some issues regarding Legal Green Card application.

    One of them will be to clear the backlog for those who legally applied for the GC.

    Can some kind soul please give me information about this ?

    Does this applies to me or does it applies to the Employment based GC or GC application in general ?

    Thank you for your time.

    FunkyCat - Spangky



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  • Mayday
    04-03 06:11 PM
    came back to US on dec 30. Didnt get paid for the month of sept oct nov dec. But i was never out of status as I was in india. ... i have paystubs till aug 30 2009. never out of status

    You actually were out of status since Dec 30 till this moment and you still are out of status. You are immediately out of status once you are not paid for the job or fired, regardless of the fact if employer revokes H-1 or not.

    You can not do H-1 transfer any more. Your next H-1 petition will be a new petition but you will not be subject to H-1 cap as you already have been counted for 6 years.

    So I presume it would safe to get a job offer and leave as soon as possible, then wait for the H-1 petition get approved, stamp H-1 visa and get back.





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  • up_guy
    02-21 10:57 AM
    ARUBEN

    Thanks for participation in this forum. I think if US consulate denies visa in Canada then if one has AP (EAD and pending Adjustment of status) then she/he can come back to US without home country. Is that right?
    I just wanted to validate my understanding.

    Regards



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  • webm
    05-22 01:29 PM
    Hi firends,

    I heard that now all we are getting 2 Year EAD/ AP for renewals. Thats very good news to us. I have couple of questions on this.


    1. How do we need to pay for renewal? Fee will be 2 years fee or 1 year fee?
    2. Is this one combined document with EAD/AP?
    3. Is this process already started?


    sorry friends, I don't know same type of thread running or not. If Yes, redirect me.

    fyi..

    BTW,Multi-year EAD/AP combined document not started yet..its still in a review/consideration stage..keep hope for this Announcement some time soon...Go IV GO..





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  • mk1039
    05-04 07:48 PM
    I am in similar situation. need to change LCA location after start of project.

    is it safe to do that after the start of project or do i need to quiet the job ? any idea





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  • akhilmahajan
    06-24 11:28 AM
    In my case i am a consultant, and keep on moving like 8-9 months....... dont have any permanent address.............. i am sure a lot of ppl will be in the same position as i am............. so what are you guys doing for the addresses on the 485/EAD/AP..........





    rrarunan
    11-17 10:09 PM
    Hi Everyone

    Just wondering if anyone in the forum can help me with this question.

    My original EAD applied for in June 12, 2010 was approved on Sep 2, 2010. But, the document was lost in mail and after 90 days I was instructed by USCIS to reapply.

    And, I did reapply on Oct 12, 2010 and the case is pending on initial review although I received the I-797 Notice of Action 'Replacement Receipt' on Oct 15, 2010.

    According to the I-9 Receipt rule, I can start work for a period of 90 days using the 'replacement receipt' which is just a similar receipt for an I-765 application but for a replacement EAD (lost in mail). This is in the I-9 handbook in the uscis.gov site.

    My question is:
    According to the 90 day unemployment rule starting April 8, 2008, if we start employment using the I-9 receipt rule, do the days of unemployment still count against the aggregate of 90 days allowed after the OPT start date ?( which in my case is Sep 20, 2010.. I presume because this is the date I had provided on the approved original EAD application which was approved on Sep, 2nd, 2010 and I had lost in the mail).

    So, basically in this special case where both the I-9 receipt rule & 90 day unemployment rule apply, what happens with the umemployed days accrued even if i accept employment?

    Thanks.
    Any help would be deeply appreciated.





    ski_dude12
    04-15 12:58 PM
    both of us are physicians working on h1b visas .we have ead's.i want to do a fellowship.i believe i cannot do a fellowship using my ead.can i use my wife's ead,showing myself as a dependant?all help from the gurus will be greatly appreciated.thanks.

    EAD is employment authorization document. Your analogy is like -

    "Can I use her driving licence to drive around town". I am not sure if that is what you meant.

    If you want her to be the primary applicant in your GC application and then use EAD as a dependent, that is possible. You will lose your H1B status then.



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