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  • julsun
    01-03 09:15 AM
    Hi All,

    My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.

    But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?

    I have an approved H1b till early 2009 and plan to use same for my travel.

    Any pointers on this one?

    Thanks





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  • Berkeleybee
    04-08 02:56 PM
    Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.

    It takes years and months to get a request fulfilled under FOIA. In this administration, run of the mill govt agencies have been given even more latitude in fulfilling FOIA requests -- forget about the DOS and its response to FOIA requests. Perhaps I didn't make myself clear -- even other agencies within the government who don't need FOIA are unable to make this happen. Do see the magnitude of the problem?

    The only way to break the logjam is through political pressure.


    Again, I'd say, please don't assume the IV people who have been working on these issues are naive or lack information. ;-)





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  • ajay
    08-16 08:41 PM
    What are the supporting docs along with AP? I will be travelling by Emirates via Dubai in Novemeber.

    TIA
    The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.

    Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).





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  • cygent
    12-01 08:48 PM
    Thanks coopheal,

    Just sent in $100 Transaction ID: 1HH11588973388432

    C'mon folks, lets keep this drive alive!!! Tis the season to spend, what better way to invest, than on YOUR OWN FUTURE !!!!



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  • ArkBird
    03-19 01:48 PM
    Canada option though attractive has his own problems and I mean serious problems!. When you apply for stamping, consulate will first cancel your existing visa so if your H1B is denied you have to go to your home country from Canada!





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  • billu
    08-24 07:27 AM
    it used to be that h4 visa period was counted as part of 6 years of h1b but not any more. But that is not a significant reason to stay on h4 visa.



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  • lazycis
    11-29 04:00 PM
    United States Code
    TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
    ...
    (j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

    So the 180 days count starts from the I-485 RD. Not even notice date.





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  • GotFreedom?
    11-12 09:09 AM
    I e-filed my AP and did not send any documents and just received an RFE requesting 2 photographs(write alien number with pencil in the back) and a preferably color photocopy of a photo ID.

    So, please make sure that you send those supporting documents with the e file receipt to USCIS. They give out the address and instructions at the end of the application which are easy to follow.

    Nevertheless, I e Filed EAD too and did not send any supporting documents and they approved it without issuing any RFE. They used an older picture from my previous EAD.

    My 2 paise!!!



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  • StarSun
    04-12 09:24 AM
    Please send in your questions for this week (Thursday, Apr 14th) to ivcoordinator@gmail.com





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  • nomi
    04-18 04:59 PM
    How many people will be able to file their I-485 because of May Visa Bulletin 2007 since EB3 for world move Aug. 2002 to Aug. 2003 ?

    How many people will be able to file their I-485 if EB3 for world move Aug. 2003 to Aug. 2004 ?

    How many people from India and China can file their 1-485 if EB3 for India and china move to Aug. 2003 ?

    How many people from India and China can file their 1-485 if EB3 for India and china move to Aug. 2004 ?



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  • thomachan72
    03-28 01:51 PM
    Portions of DREAM bill introduced in both houses say that children of ilegal immigrants will be allowed pathway to citizenship if;
    Have arrived here at the age of 15 or under;
    Have lived in the U.S. for at least 5 years;
    Graduate from high school;
    Serve in the military or attend college for at least two years; and
    Have good moral character.

    Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.





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  • gcformeornot
    09-27 08:58 AM
    What will be my options to maintain my immigration status in the following scenario:

    AC21 is not filed after joining the new employer (new job since 2 months).
    If the previous employer revoked the I-140.
    Have the same job/role and responsibilities with my new employer.
    No gap between previous and new current employer.
    Status of I-140 remains approved and I-485 remains pending in USCIS website.

    Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?

    I would really appreciate your valuable suggestions.

    Thank you
    right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.

    My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.



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  • malibuguy007
    10-01 08:25 PM
    Thanks eb2 - the IV community appreciates your generosity





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  • WaldenPond
    12-30 02:02 PM
    For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.

    Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.

    Thanks,
    WaldenPond



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  • vkmm
    08-07 02:58 PM
    You should be able to do your landing and H1 stamping with no problem.

    I have done the same last year. Process is very smooth and of course not dependent on each other.





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  • glus
    07-22 04:50 PM
    If you go to this site: http://www..com/usa-immigration-trackers/i485-tracker1/

    you will see that people that got USCIS I485 receipts, are those whose forms reached USCIS on Jun 25th. That would mean that as of last week USCIS was entering in the cases that came in in the end of Jun. They are not doing July filers yet....
    My best bet is that they will begin doing July filers in the middle of next week (7/25) or even later and we will start seeing checks cleared by that date....



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  • xiaomatu
    06-06 11:15 AM
    My attorney and my employer has different address. My attorney received the approval notice on 5/14/ when it was approved on 5/8. Then since 5/22, USCIS's online status showed some "New document" have been sent to the "address they have on file" on 5/22. It could be they sent another approval notice to my employer or could be they sent something else. So far neither my attorney nor my employer received anything from USCIS yet since 5/22.





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  • snathan
    02-21 09:59 AM
    Thanks. Can anyone please help me in understanding how long does it take to get EAD aprroval from the starting point for EB1,EB2 and EB3 category. I am interested only in EAD approval at this point.

    EB1 - current
    EB2 - 3-2 years
    EB3 - 10 - 20 years....

    You cannot use the experience gained with your current employer...so you are coming under EB3 and its a long & treacherous journey for you. Take part in advocacy day on Apr 4 & 5 th in DC.





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  • rkat
    02-06 11:56 AM
    Thanks everybody for your help.!
    Ebizash - i would appreciate it if you please post some of info. or PM it to me.

    Greatly appreciate all ur help - everybody! Thank you!





    waiting for GC2010
    11-16 02:35 PM
    I heard this from one of my friends
    one couple husband on H1b(7th year i think) and wife is using EAD to work.They went India for vacation and while coming back the officer there asked the guy that
    Being a primary applicant of green card you are on H1b,then how would your wife use EAD instead of being on H4?
    So,the guy also changed to EAD.

    But ofcourse this might not be the case with everyone.
    never knows everything depends on our fate.





    morchu
    05-02 08:56 PM
    It looks like I replied you sometime back.

    Your best bet is to file another premium H1B showing all the background and your second I-140. Also attach a clear letter quoting the specific sections of immigration act. Time is critical here, and I am not sure how long the MTR for an H1 will take.

    Hi Attorney,Senior People, Gurus,

    Iam really need of advice. Please
    give me your valuable Suggestions/Advice.

    Thanks in Advance.
    Wish_Good