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  • friend_in_NC
    06-25 06:50 AM
    My attorney has asked to send color copies of the driver's license for 485 filing. I just now realized that I have not changed my address on the license. Will that be a problem? Is it critical to have current address on the license? Any thoughts?





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  • immigrationmatters30
    07-02 09:51 AM
    There is a specific time frame where, when and how the ad must be placed. In addition, there has to be multiple forms of recruitment efforts to hire USC. Also, if beneficiary(You) is involved or has known that such ad is being placed, then the whole process need to restart.There are other steps like state wage determination etc that should happen before an appliation for PERM can be filed.In short, you may not be able to use just a monster ad to file PERM application.





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  • natika
    04-30 09:44 AM
    Thank you clif and sanju_eb3 for the response.

    I'll talk to lawyers of the new company (once I find it).





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  • Motivated
    11-15 12:27 PM
    The town we are in only has a community college only, my spouse is an engineer and they have nothing to offer... Small town restricts her chances to be hired on H1 too.

    Biggest reason for taking up the new job is to be able to access the above options.....:(



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  • cooltypes
    04-13 02:37 PM
    Thanks for your reply xtronics

    She has MS degree from US university (MBBS in India)...but would that matter for dependent H4 visa stamp





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  • hyddsnr
    07-28 03:46 PM
    Hi everyone,

    I have got two status..first production of your new card..later on i got one more status saying additional evidence...did anybody get this kind of status..
    If so I appreciate if you can tell what kind of addition evidence they are looking for...I know evidence vary from case to case ..but anxious to know about...please hep me...

    On July 24, 2008, we ordered production of your new card. Please allow 30
    days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    On July 25, 2008, we mailed a notice requesting additional evidence or information in this case I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.



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  • deba
    08-03 03:56 PM
    My situation is that Lawyer says I-485 appl. was hand delivered to INS at Nebraska on July 2nd morn. They had sent about 300 appls. July 2nd that way to avoid the change of dates fiasco etc.

    Now, his office says that INS has not given any receipt for the delivery or acceptance of the hand delivered packages and there is no way to get a receipt etc. until checks are cleared. Since there is no tracking # etc. from fedex we are in the dark about the acceptance situation. According to him none of the packets have been returned either.

    Is there anyone else in a similar situation?





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  • sri2007
    11-12 08:36 PM
    Thanks for gr8 help. Sri



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  • wandmaker
    11-13 12:44 PM
    Can I file AC21 to change my employer to Company B and continue my I485 through to Company B?

    You can invoke AC21 after 180 days, talk to your lawyer on how to inform USCIS.





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  • yestogc
    03-04 08:14 PM
    PLEASE FILL YOUR PROFILE COMPLETELY.

    Now your answers:
    1. ................ Yes just H1B xfer, they will extend it upto max of 3 more years.
    2. ..................Normally they ask for recent paystubs, but if it is within last 1-2 months it sails through well, w/o triggering RFE. Best option is to do H1b Tranfer under premium processing mode, that way in just few weeks you would know where you stand.
    3. ........................ either F1 or H4 or Visitor visa.



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  • Kumar Nanada
    05-07 02:32 PM
    My Case Details:

    I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.

    My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD incase if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.

    One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).

    Please advice:

    - What would be the best independent status for my daughter ?

    - if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?

    - Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.

    - Does she need to go out of US to change her status from H4 to F1 ?

    - In case if required can I convert my EAD status back to H1B ?

    Thanks in advance for your help.

    Thanks,
    Kumar N





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  • ajju
    02-06 01:15 AM
    Guess its easier.. and then they give negative reps instead of answers... Anyway.. Seems IV is losing focus and with this attitude of majority.. many more will go away...

    I'll request all contributors to feel proud but don't boast all the time of your contributions and expect contributions from the others rather than questions...

    I expect more negative.. as this is the latest trend in IV.. Anyway... where there is a will.. there is a way.. So I'll find my answer :-) and will continue answering folks who need... People will contribute at their pace and in the manner they feel good... You just can't force them... without being an example...



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  • rajenk
    07-22 01:29 PM
    The old I-140 is all valid. The only thing that you are taking is the date. When your new I-140 is approved and you interfile with I-485 then you request USCIS to take the new I-140 instead of the old one. Also if your new I-140 has problem at that stage (even after approval, some time it happens), still the old I-140 is valid.

    Good luck
    Raj:)





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  • supercool
    08-06 02:57 PM
    Hi..I was in a similar situation. Best thing for you to do is File for F2. Make sure you send dependent I-20 issued from your wife's school with your F2 application. Pay slips are only needed for changing status from H1 to F2, in your situation. No payslips are needed when you change status back to H1, because you are on F2 at that time. hope this helps.good luck.



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  • TexDBoy
    11-22 03:37 PM
    I think
    - For Perm and subsequently I-140, you can only specify employers that are directly relevant to the number of years of experience claimed in labor. The details of the petitioning employer are most relevant and all your past employments should add up to the experience required
    - However, for I-485, which is your application, you have to specify all the employments that you filed taxes for and from whom you received your paystubs (primary/secondary).





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  • radhay
    09-16 02:42 PM
    Looks like 245(i) cases can be filed in any employment category. Most cases were filed in EB3 and very few in EB2. This is because EB3 category accommodates people with no education and with minimal experience via (i) (ii) and (iii) categories with in EB3.

    It seems logical that EB3 was near current until 2005 as all the 245(i) cases were rotting in BEC centers. As BECs started clearing them EB3 got hit. Unfortunately none of us predicted this. There is no efficient way to separate them at 485 stage as they fall under various categories.



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  • Ann Ruben
    04-08 11:05 AM
    Hi Xela,

    I am so sorry for what you must be going through. There are certain visas/immigration law provisions to assist victims of violent crime. I would need more information about your particular circumstances in order to provide any useful guidance. If you would prefer not to share personal details in a public forum, please feel free to contact me confidentially by phone or e-mail.

    With respect to your first query, as an applicant for AOS you will retain legal immigration status even if you engage in non-H-1B employment using an EAD. You will, however, lose "lawful non-immigrant (H-1B) status" if you perform work for any entity that has not petitioned for H-1B status on your behalf.

    Keep in mind that merely applying for and obtaining an EAD has NO impact on your lawful H-1B status. So, given life's uncertainties, it's generally a good idea to obtain EAD and Advance Parole just in case H-1B employment is lost.

    Hope this helps,

    Ann





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  • ssksubash
    03-13 11:07 AM
    HI ,

    My brother graduated in Dec 08 and is on OPT now. He is with a consultant and he was wondering if there is any rule which states that folks on OPT should get a job in 3 months, otherwise the OPT will not be valid.

    Can any one please clarify.

    Thank you for your time





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  • anilsal
    11-11 10:27 AM
    http://anilgeneral.blogspot.com/2007/11/iv-is-this.html

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    GC_Applicant
    07-15 04:17 AM
    Found this interesting information on the shusterman.com.

    "The next day, Representative Tom Lantos (D-CA) introduced the "Health Improvement and Professionals Act of 2005" (H.R. 139). The bill proposes to "recapture" over 130,000 immigrant visas lost due to bureaucratic inertia during 2001, 2002, 2003 and 2004."

    Complete article can be found in:
    http://www.shusterman.com/feb05.html


    Any updates or insights into the above article....

    Contribution so far: $50.





    snathan
    08-05 05:24 PM
    my wife has filed for her I-485 (AOS) with me.
    She has an H1 whch expires in 2012.
    she used her AP while entering US this year at port of entry. Office gave I-94 for one year(it expires in Jan 2011).

    Now my question is does she has to do anything to renew her I-94?
    If she doesnt renew her H-1 now will she be still in-status on H1?
    does she have to renew her AP in order to stay in status?

    This area of the law is very confusing and it would be great if some attorney or expert give their valuable suggestions on this.

    Thanks in advance...

    AP is only for travel purpose. She will be either on AOS or H1 Status.
    If she wants to work, she needs to get either EAD or keep the H1 status. Since she used the AP upon return, she is now not in H1B status. Check with attorney if you want to restore to H1



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