Thursday, June 9, 2011

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  • Munna Bhai
    01-09 12:44 PM
    I have filed I-140 in May 2007 and it is still pending. Is there anyone in this same situation??Please let me know to whom to contact.

    -M




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  • gc_kaavaali
    11-21 07:00 PM
    In my view it is risky to change employer when I-140 is pending....it is my suggestion only...talk to your attorney

    hi-
    What will happen if 140 still penidng agter passed 6months 485 recipt date,can i cahnge the jobs in this situtation also

    Thanks
    Aj




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  • sodh
    02-12 05:07 PM
    Folks,

    employer's attorney claims that there is no such thing as H4 premium processing.

    Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

    I searched all Mathew-Oh updates dated one year ago and can't locate it.

    I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

    Can anyone please help?
    There is nothing like premium processing for H4, if your H1 is applied in premium processing, H4 is also processed in 15 calendar days.




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  • weasley
    04-16 06:25 AM
    I showed my 485 Receipt notice as evidence and renewed my licence. You don't have to always produce EAD (then every 2 year you have to renew the licence).

    If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.



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  • shishya
    09-02 11:13 AM
    When i called last time when my wife EAD got approved, they told me the address on the application. So they should know.

    Did you get Soft LUD after you filed change of address? If yes, then it's probably updated.

    I did not get any soft LUD. Will all the updates happening, folks getting second FP, I wanted to make sure my case is not getting delayed due to some mistake either on their or my part. If nothing else, upon changing the address using online means, USCIS should have sent me a notice in mail at my new address to confirm the change, which I did not get. Hence the query.




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  • sixburgh
    08-13 11:01 AM
    Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
    My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.

    Exactly.
    I should be fine!
    I renewed it for the reason that for any reason her 485 gets cancelled, since she will always have an approved H4, she can atleast go to India, get an new H4 stamp and re-enter
    Than going out of status completely.
    Isnt that a good plan?

    But no, someone is scaring me, is all.

    I do hope that more experts read this thread and concur with me OR atleast tell me any corrective action.



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  • WAIT_FOR_EVER_GC
    12-06 11:38 AM
    There are so many posts already in the forums about these issues. I think you will get all your answers there. Please do not open a new one




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  • fromnaija
    12-09 04:09 PM
    According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate.

    I will not argue with what your lawyer tells you.

    However, because Form I-131 is used for multiple purposes, some of the instructions are applicable to one condition and not to the other. So read the instruction again and you will see that some of the references to sending the document to overseas consulate refers to when it's used as a Reentry Permit, Refuge Travel Document, or as Advanced Parole for humanitarian reasons. For someone who applied for AOS, sorry no such luck.



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  • ash0210
    11-21 07:06 PM
    gc_in_30_yrs, I will file new Labor in PERM with this new job Responsibilites..! :D

    I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
    Just kidding. I like your analogy.




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  • greatzolin
    10-24 01:27 PM
    Mine got ordered and then got approved on back on october 1st but still I have not received it yet. We have AP but not my EAD card. Anyone in same boat?

    Thanks in advance!
    Salud!



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  • gg_ny
    08-30 11:54 AM
    qualified_trash is correct: call your lawyer and discuss with him or her.

    The point to note is this: When you apply for extension, you send your current i-94 copy. After sending the application in, when you travel, you get new i-94 and a new stamp in your passport. After you come back, you get your extension approved. Say you go to get your visa stamped based on your extension approval: if the consular is an astute observer, the fact that you travelled while your petition is pending will become obvious, which may lead to problems. USCIS assumes that you would not be travelling but doesn't USUALLY pause to check it with you. That is the job for the consulars who give you the stamp or those at the port of entry. Most probably, you might be asked to give copies of all the past i-94. In the case of ASHISMAITY it would be interesting to know whether that person got the stamp updated. Of course, the answer is going to add to your confusion unless you ask your lawyer.




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  • eb3retro
    09-09 03:51 PM
    but the question is can someone mail the AP to India by postal mail or can someone take it along with them for their spouse if they are travelling. Precisely my question is when someone has applied for AP and when its not approved, can they travel without it and come back with AP that was approved after travel to India? This is always a grey area and no one seems to have a clear answer.



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  • peekay
    06-29 03:03 PM
    Hi,
    I dont have a direct answer to your question but I do know that insurance has to be taken within the 30 days of your wife's arrival in US. I had the same situation where I applied for insurance on 32nd day and got a reply from the insurance company that I have to apply within 30 days. I finally was able to convince them and take the insurance. Try your luck by talking to some insurance company like BCBS or Humana. They should be able to provide more info. I cant be of more help than this.

    Peekay




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  • Asian
    12-07 09:26 AM
    Hi,

    I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.

    I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.

    If I change the employer, will I be subject to H-1 B visa quota restriction?

    I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.

    However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.

    I would appreciate your advice very much.

    Thank you always.



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  • s_r_e_e
    11-27 01:58 PM
    i think applying I140 is the labor substitution..it is good possibility that the desi consulting is playing games




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  • LookingForGC
    01-14 06:33 PM
    Congratulation. Enjoy your freedom.



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  • UKannan
    04-26 04:47 PM
    Hello All,

    Sorry for the post outside immigration boundaries.

    My wife with 2 toddler kids will be traveling to India via Lufthansa.

    I wanted to know from recent experiences how many check-in bags are allowed per person. My kids are 4 yrs old and they have a full ticket.

    I know that some airlines only allow 1 checking per person, but wanted to know about Lufthansa specifically.

    I could not find a clear answer on Lufthansa.com for baggage allowance to either India or Asia.

    Thanks in advance for all your help.

    Please call Lufthansa's customer support number!!




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  • lost_in_migration
    05-14 09:34 PM
    /\/\




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  • mna123
    07-30 09:07 PM
    Thanks Kondur, your response cleared many things.

    No I was not of status because I am "outside" of US and am on unpaid leave for last 3 months as my name check for H-1 is pending.




    SR2610
    04-13 04:19 PM
    apart from all above there is a risk in going to Canada or Mexico for stamping. If you dont get visa in Mexico, you need to go back to home country to get visa.
    I just entered 7th year, applied for H1 extension, not sure to go to Canada or wait for trip to Home country :(




    JSimmivoice
    01-23 12:28 AM
    Thks for the response, but what I read on other sites for e.g murthydot.com and some other site in the Internet it is used even for situations where one did not realised their I-94 has expired and thought its not an issue, also for example such as employer forgot to file and its not application mistake as he was not aware about employers miss and etc. So based on a approved LCA one can get H1 approved and even get the unauthorized employment convert it into a valid employment for any period (based on conditions). I'll do more research on this and update this thread.

    Meanwhile anyone with any other opinion is welcome here. Thks all



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