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  • snathan
    05-02 06:13 PM
    Doesnt matter if the I-94 is only till the visa expiry. There is another I-94 at the bottom of the approved I-797 that ends on the extended 797 date.
    -a

    Once you get the I-94 at POE, the I-94 which comes with the I-797 become invalid. Always the latest I-94 counts.





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  • pnara2
    01-24 12:37 PM
    Appreciate your response. Thanks for the useful information.





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  • kpsm88
    02-13 07:55 PM
    See no GC? Hear no GC? Talk to IV





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  • satyakb
    03-21 09:32 PM
    We would like to Thank every onefor providing detailed advices - considering various aspects of life.

    Will surely update the thread when we make a final decision.



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  • dealsnet
    03-28 08:10 AM
    Be positive. Hope for the best.





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  • mani_r1
    07-11 04:03 PM
    When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.

    Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.

    Thanks



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  • hpandey
    11-10 02:57 PM
    Hi friends,
    My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
    They said that they will NOT accept
    - valid unexpired EAD
    - valid unexpired AP
    - valid 485 receipt
    - even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
    ...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
    In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

    I will appreciate if anyone has a solution to this problem. All answers appreciated.

    I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.

    Is this something new because I renewed at NY earlier this year using my I-485 receipt and they renewed it for 10 years . I had a very old expired visa stamped in my passport.





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  • amsgc
    04-08 08:34 PM
    If it's easy enough, please remove "United States" as a choice in the list of countries.

    Then they will pick Afghanistan! :)

    Lets encourage people to make a little bit of effort and update the data to reflect the correct PD and Country of chargeability.



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  • sam_hoosier
    02-12 03:12 PM
    (IZZAT KI SAWAL) ... It is IZZAT KA SAWAL.
    I am lazy and may be more lazy then anyone. Good to hear from a new enthusiastic person.

    Your enthu will go away soon.

    What is the point of your post ? :)





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  • prmetta
    11-23 04:05 PM
    I need to transfer money every month to my mother in india as a monthly automated transaction. ..she has a account in Canara bank ..what is the easiest rather cheapest rather free way to send from the US..

    any help is appreciated..
    thanks
    :)
    Easy method on a automated basis is ICICI.

    https://m2inet.icicibank.co.in/m2iNet/m2iNetLoginForm.jsp If you register through this you can set the Recurring Transactions. From the bank you set in there will go without interruption on a timely manner. My mortgages in India will go the same way.



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  • psaxena
    02-04 04:21 PM
    Hi, Everyone says I am in and I am in . no one says how and when.

    So I decided to step up for this. Guys please send the list of the members with contact information who are willing to meet & greet. I'll then plan for some place to get together.

    We are just a few indians in AZ , atleast we should meet and it will be good social networking and also will be a big step forward for the cause that we all are together at this portal.

    All the best, looking forward to meet everyone.





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  • canleo98
    08-09 02:40 PM
    My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.



    Here it is

    Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.

    And here is what OH says in his breaking news for July 24th after this memo

    0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007

    Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.


    You should ask your lawyer to get an amendment. I read here yday somebody doing that.



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  • ameerka_dream
    04-19 08:35 AM
    ^^^^^^^^^^bump^^^^^^^^^^





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  • rrajasekar
    08-04 09:06 AM
    Same situation here for my wife, we applied only on 29 Jun and current EAD expiring on 22 Aug. We totally forgot about it. She is working for a very reputed bank in NY. Yesterday she received a call from HR asking if she had applied for EAD renewal. She explained the situation and asked them what to do. This is their reply:"That's not a problem. You can work for 180 days after expiry. Just send me a copy of the receipt notice once you receive it".

    I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.

    I will update once i get more clarification.



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  • meher
    12-24 10:38 AM
    Hi

    I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.

    Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.

    I have proper timesheets that i had submitted with client to prove my work hours with client.

    How do i get my pay stubs and my pay?

    Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?

    Please help

    Thanks
    MRD





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  • pappu
    03-05 09:01 PM
    check the news of the testimony posted by me last month. As per DHS this money was to be also used for enforcement.



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  • rdehar
    11-27 01:40 PM
    How does it work? It doesn't work anymore :D

    Labor substitution is dead.

    Beware of anyone scamming you in name of labor sub...





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  • WAIT_FOR_EVER_GC
    11-11 12:51 PM
    ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL
    Every week there is a free call
    Hi All,

    I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
    I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
    The notice states:
    "��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
    However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
    If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
    The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."

    Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.

    Now here my questions:

    1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?

    2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!

    3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?

    4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?

    5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.

    6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?

    7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?


    We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.





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  • willwin
    07-09 10:07 AM
    It is untrue that IV does not care for CP filers.
    One should not blame IV for not taking up a cause. IV is everyone. Core team is simply assisting the community in the general management of the organization. It is the community that powers all efforts.

    We have had mostly AOS members till now and thus the focus has been on AOS. If you wanted CP in the tracker, let us know and we will add it.It is a minor issue. We haven't had anyone telling us till now or even telling us the bugs in the tracker so that we can improve it.

    If you feel strongly that this is a genuine problem for CP filers, and everyone stuck in it can present compelling case for it, please feel free to lead the effort. IV will help you with guidance. Recently several members stuck in Perm audit delays approached IV and they took the initiative to start a campaign. I think this is how IV should evolve for future so that people can help themselves using this platform. IV is willing to help anyone stuck in the EB immigration system. Could you find more people like yourself stuck in CP filing in one place on this forum and discuss amongst yourself various ideas and strategies to find a solution to the problem. IV core will be available for guidance and advice.

    Pappu,

    Thanks for the response! I really appreciate that.

    I said IV doesn't care for CP filers because there are no provision for CP filers in IV's agenda (ofcourse, efforts like recapturing would help CP filers in a big way) as most of the efforts were targeted at AOS. I am not blaming but just requesting that CP filers are also included whenever IV core think about big picture.

    All that we need is a safety net like EAD. Else, if several years of wait on GC were to go waste, it would be a disaster.

    From what you said, looks like there are very few CP filers who visit this forum (and ofcourse, there is a reason why, hardly anything for them here), however, I would try to see if I could gain some mass here.

    Thanks again!





    a_yaja
    07-20 10:47 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?

    Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

    One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

    While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

    Best to ask your lawyer.





    gdilla
    07-29 02:44 PM
    Actually, if you apply for an F1 (fulltime student visa), it will be denied. Why? Because F1 is considered a non-immigrant visa, and USCIS knows that because you filed a 485, you DO have the intent to immigrate. I believe you can just go to school and be jobless on EAD without need for F1. The burden is on you to show that your gc employer sponsor will hire you when you get your gc (if it ever comes up - they can take away your gc anytime at the border/POE, and one question may be are you still working for the sponsor).

    This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.


    Hello everyone,

    I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.

    Thx,
    Prabhat