Sunday, June 19, 2011

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  • enggr
    11-21 01:42 PM
    Hello enggr,

    I might have the same problem.
    where you able to convert to EB3?
    Please let me know.

    Thanks,
    SG


    Sareesh,
    I just filed the RFE response this week. Will take a few days to know the result. One attorney said it will take 6 months. Some said 1 month. I'm keeping my fingers crossed. Will let you know the result




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  • TeddyKoochu
    10-15 08:29 AM
    Teddy

    Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing

    gc_on_demand - Here are the links from other sites.

    From Ron Gotcher's Forum

    http://www.immigration-information.com/forums/general-immigration-questions/10321-uscis-considering-permit-pre-filing-i-485-applications-approved-i-140-a.html

    I could not find anything on any official site. There are blogs going on all popular immigration sites on this topic.

    I believe that since the agencies are thinking about this provision (Even though this has been in the news since a year) has better likelihood of being implemented.

    skgs200,aksharan, cbpds the EAD / AP part appears to be disputed nobody is clear on this. Yes there maybe a fee for this but it does bring us a step closer.




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  • Mo-Ti
    06-15 02:44 PM
    a very/too late appointment, but I just made this for another kidding "project" (with a few stolen things of fester, trying to make it worse) and thought you guys have to see it :x

    http://scu.cutegirl.at




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  • immi2006
    10-04 01:39 AM
    Based on current estimates, it will be 10-15 years time, unless u r son/daughter can sponsor you prior... u will end up in family quota wait still.

    I am not sarcastic this is the reality,

    There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.



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  • paskal
    07-08 09:43 PM
    i have heard in the past that you can move jobs in the same area, but never gone into the specifics....
    my attorney does a lot of this stuff, you can get a free consultation.
    pm me if interested.

    btw it;s a good question for iv-physicians, are you part of that group? see my signature.




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  • IfYouSeekAmy
    01-20 11:06 AM
    EB3 kicks ass!!! So does EB2. :D



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  • abqguy
    01-19 05:15 PM
    lmao :D




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  • conchshell
    09-17 11:06 AM
    Keep calling guys ...



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  • EndlessWait
    06-20 01:51 PM
    I would suggest to go with EAD and AP for spouse as its better then H1B.

    You don't have to stick one employee if spouse has EAD and she doesn't need to find job in perticular field if she has EAD...

    But for you, I would say just use H1B as long as you can.

    i concur. i'm applyin for ead and ap for her. When the time comes, she wont use ap to enter. but for now.. what the heck..thanks guys




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  • saketkapur
    10-14 06:05 PM
    I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.

    Not a lawyer. This is not a legal advice.

    I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......

    My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.



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  • vikramaditya
    05-01 09:36 AM
    I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
    Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
    it took a day for me to overcome the frustration of what had happened .
    and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
    2.is there any thing i can do to reopen my old case .




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  • 53885
    08-02 04:00 AM
    Here is my prediction.
    With July Fiasco INS has learnt their lessons.
    They have potential to process and approve 40K cases in one month.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
    I think they might even issue again 40K cases in october ?
    Why not ?
    So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
    So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
    I would say dont be surprised if it takes just one month to approve ?????


    Guys,

    Discussing this topic all day will not get you any closer to getting GC.

    Though this has been mentioned many times, I will say that the only thing in your hand right now is to take some ACTIONS.

    Make sure Congress members hear your voice.

    If you have not already check these threads out http://immigrationvoice.org/forum/showthread.php?t=11428

    http://immigrationvoice.org/forum/showthread.php?t=10747



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  • sweet_jungle
    02-01 11:12 PM
    Sorry, if this is already discussed mutiple times. I was not able to find any Info.

    My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.

    While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated

    Thanks,
    -Sree

    She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
    Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
    She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
    Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.




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  • badluck
    06-25 02:47 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?

    send new again. anyways first one is going to come back.



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  • Steven-T
    March 15th, 2004, 08:54 AM
    Obviously we all love cameras, how many of you have or are considering getting a camera phone?
    No, I am using a company cheap phone . . . No intension to buy my own phone. But a lot of my friends and relatives got one. This is just like the PDA. It's the fashion.

    When I was in Philips Island watching pengiums in nature, no cameras are allowed. But the guy next to me are using a cell phone pretending talking to his friend, and snapping pictures . . .

    Steven




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  • fundo14
    02-19 12:36 PM
    Hi All,

    I wanted to share my experience at the port of entry using AP.

    Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
    Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.

    We have our 485 receipts/ approved EAD’s and AP’s with us.

    Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP

    At the Port of entry this is how it went:

    Officer: Very rudely asked for our passports & I-94
    We gave him our Passports, I-94 forms and Original AP’s

    Officer: What’s the purpose of your visit?
    Our Answer: To join back at our respective work.

    Officer: Work? Who’s the primary applicant?
    My answer: My wife

    Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
    My answer: But I have work Authorization (showed our EAD cards)

    Officer: That’s all bullhshit, does not mean anything…you can not work here.
    My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.

    Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
    My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)

    Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.

    After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.

    Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP

    The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.

    We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.

    I am worried if he has entered some nasty remarks on my case…not sure.

    Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:

    1. He assumed throughout that my wife is entering on H1 and I on H4
    2. Or he did realize his mistake but was too egoistic to accept it.
    3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??

    One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”

    In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.

    Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s

    Thanks!



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  • coopheal
    03-06 05:13 PM
    My filing date is July 2nd and notice date is Aug 27th.




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  • bmoni
    12-22 11:55 AM
    Guys, Currently i am in my 7th year. I-140 pending planning to move to another company after my I-140 approval. My understanding if you have a approved I-140 you get to keep the priority date even if you didn't apply 485...

    But when i talked to my attorney he said only i can keep the I-140 if i apply 485 and its 180 days pending ...guys could you please verify is this true...

    If it not could you please point to necessary document so i can shed some lights to my attorney ..


    Thanks,


    Viva IV




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  • newbee7
    04-12 02:48 PM
    If I were you, I would send a letter with the facts. I do not see a downside to this. On the upside, if the employer decides to settle you could potentially get some of your money back.




    fundo14
    02-19 12:36 PM
    Hi All,

    I wanted to share my experience at the port of entry using AP.

    Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
    Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.

    We have our 485 receipts/ approved EAD’s and AP’s with us.

    Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP

    At the Port of entry this is how it went:

    Officer: Very rudely asked for our passports & I-94
    We gave him our Passports, I-94 forms and Original AP’s

    Officer: What’s the purpose of your visit?
    Our Answer: To join back at our respective work.

    Officer: Work? Who’s the primary applicant?
    My answer: My wife

    Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
    My answer: But I have work Authorization (showed our EAD cards)

    Officer: That’s all bullhshit, does not mean anything…you can not work here.
    My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.

    Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
    My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)

    Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.

    After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.

    Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP

    The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.

    We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.

    I am worried if he has entered some nasty remarks on my case…not sure.

    Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:

    1. He assumed throughout that my wife is entering on H1 and I on H4
    2. Or he did realize his mistake but was too egoistic to accept it.
    3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??

    One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”

    In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.

    Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s

    Thanks!




    nogc12
    07-29 11:45 AM
    You can use the Eb2 failing to wait another 17 years:p



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