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  • PD_Dec2002
    06-12 07:18 PM
    I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them

    What is "evl"?

    Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?

    Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.

    Thanks,
    Jayant





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  • milind70
    06-04 11:59 AM
    My PD 15 July 2002 EB3 India and
    I485 Receipt Date May 12, 2004

    Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.

    I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.

    Oh well....

    IV is the only place that is doing a lot to change.
    Keep the good work IV.

    Have donated $200 under my name and $150 under my wife's name to IV

    Well this is always going to be there,FIFO is not guaranteed during adjustement of status.It is quite possible someone who has filed later and has a PD which is later is likely to be approved because this depends on various factors i.e case to case basis,FBI name check ,security clearance,immigration officer who is adjucating your case etc.
    But the good news for you is that your case has now has a available Visa Number and if your application is in order (as per the Immigration Officer)
    then u will get an approval.
    In other words your chances of your case /PD being retrogressed are highly unlikely.





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  • OLDMONK
    06-16 08:19 PM
    I am in similar situation in regards to my wifes H1B and EAD situation. Following is my understanding but could be wrong. there are gurus in this forum who have been digging rules for years and would certainly point out any indiscrepancies in my reply. Make sure you keep reading the thread for a couple of days.

    I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

    >>>WAS your COS (Change of status) applied while filing for H1B ?

    What will be my status untill Oct 1st from the day my H1 is approved?

    >>>You will be on H4.

    Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?

    >>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).

    >>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.

    What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?

    >>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.

    What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?

    >>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)

    What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
    >>>No idea.





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  • javadeveloper
    08-20 04:20 PM
    A consulting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.

    I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.

    Some concerns i need help with -
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.

    Thank you!

    You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.



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  • dipmay2002
    11-05 02:08 PM
    Notarized NOC is needed from you and your wife but was never checked for my daughter when she came back from India with my mother-in-law six month back.





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  • newbie2020
    05-18 08:18 PM
    For conditional GC the USC should make a joint application for his/her spouse for removal of conditional GC restrictions.

    One of the important things with Conditional GC is to demonstrate that the Husband and Wife still have lots of family ties during the Adjustment of Conditional status, This would include showing the IO with proofs such as joint bank accounts, kids, utility bills etc......

    If the spouse is being abused by the USC and provided there is adequate proofs for the same such as court restrain order, Police complaint etc At that time, one can file for a waiver of a joint application without the need for USC to make the application

    It is always better to consult a Good immigration lawyer for Professional Advise.



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  • quizzer
    01-08 01:32 PM
    Its simple,,fill in form 10c and and form 19 and send it to HR. They should even help you get it direct deposit in to your local account in India. I got mine....it was pain-less. This was not with tcs,,,another company...

    My case is not simple but i did not quit in usa either..i resigned without doing the notice period in india sometime back.

    So is it possible to file 10C and 19 directly with the PF office and get the money without involving TCS?

    Your ideas are highly appreciated.





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  • jcrajput
    12-31 09:26 AM
    Thank you for your help. I really appericate your response.
    I have one more question. How I can apply for AP? How long AP is valid for?



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  • deepakd
    07-09 11:38 PM
    My lawyer also says the same. I'm also in similar condition where company is applying for 1 1140's.

    Regd experience, I dont know if USCIS calls an employer.


    Well, USCIS would/may call the person who has given the reference.
    It may be very well be possible that this particular person is currently working for a different company.





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  • nomi
    04-20 09:33 AM
    Does any one have any input or suggestion?


    Why don`t you ask your Attorney about it since you are paying him and that`s his job to tell what documents he needs. ASK HIM.



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  • paskal
    06-27 12:46 PM
    you are allowed to file for a renewal 120 days before the previous document expires.

    "replacement" is different- it's for a lost card or damaged etc





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  • anurakt
    01-14 07:55 PM
    You need visa to enter or exit. When you exit you need to turn in I94 on the pp with the stamp of your entrance as well as your new extension. On entrance they will check the old visa and write down the visa number on the new I94 that they officer will provide. The I94 usually has the visa duration as the end date. Next you apply for an amended h4 to reflect the new I94 number which was provided at the POE. Asfar as I know the I94 date is always linked to a visa and not the Notice of Action.


    what's the process for amending H4 and how much time does it take ?



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  • Rajkrish9
    10-31 11:31 AM
    Public can enlighten their experiences..

    Thanks in Advance.

    Raj.





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  • looivy
    11-12 05:46 PM
    Give atleast 1-2 months for booking the appointment. It was a harrowing experience getting an appointment to the point where my fingers were aching. Also add in time for the Canada visa. We went to Canada consulate in DC for the Visa.

    Regards,
    Teky.

    What about Ciudad Juarez or Nogales Mexico? Any idea how long?



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  • SlowRoasted
    04-24 10:29 PM
    i think i like the goose one most





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  • ambals03
    04-29 04:18 PM
    Video - Opinion Journal: The Other Immigrants -- Stuart Anderson on high-skilled foreign workers. - WSJ.com (http://online.wsj.com/video/opinion-journal-the-other-immigrants/2DA1C016-C62B-4CE1-88FE-8F4502C9B9C8.html)



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  • still_waiting
    06-03 09:20 AM
    good job !





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  • smiledentist
    06-21 02:01 PM
    bump...





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  • logiclife
    03-08 02:37 AM
    Hi,

    We are planning an organized way to raise our membership to a level of 10,000 plus members.

    I would like to invite motivated - "Fire in the belly" volunteers :) to help us with this effort. If you are one of the willing members please email me at jay@immigrationvoice.org so that I can send you what you need to organize this. Just send a blank email with subject line: "Membership Drive".

    Trust me, this is one of the most interesting ways you can help immigration voice. Also the most critical one. And it wont take much time from each of you during the day. Just a few minutes per day of your time can make a huge huge difference.

    Let's organize and team up...

    http://i1.trekearth.com/photos/13453/amsterdam_0111b.jpg

    Thanks,
    logiclife.

    Update: 09-MARCH 11:39 PST :O

    Friends,

    This is as important as the fund raising. The same group of contributors cannot contribute all the time, please join the effort to bring more people in by signing up in the Membership drive. Just email me at jay@immigrationvoice.org so that I can send you a 5 page pdf document to get your started.

    Thanks,
    Jay.





    ysramu
    03-31 02:09 PM
    previously when entering on AP, they used to ask for receipt of 485.
    so main proof they look for is a valid 'inprogress' 485 appln.

    i dont think theyll ask ur wife to show her EAD card at the port of entry.

    to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.

    having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.

    this shud be an easy qn for ur attorney.

    Thank you for the response. I asked my Attorney all but my change of employment, since he represents my employer, and I still haven't decided on my new employer, little cautious this time.





    Nitu Singh
    06-12 10:33 PM
    Thanks for the prompt reply and need clarification on few more things....
    like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
    1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
    2) How it will effect the future GC process by new Co.?

    need your suggestion on these too:
    3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
    how things will work out to stay on H1 status?
    4) what I should discuss/need to clarify with new empl before making a move ?

    thanks!



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