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  • gbof
    04-08 03:00 PM
    Couple of related questions.

    1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?

    2. Where to file, the Service center or Lock Box facility ?

    1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..

    2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.

    Make your own choice, good luck.





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  • dpsg
    03-28 05:48 PM
    I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.

    Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
    It is more complicated/different and there are forums which knows the issues clearly and are adressing them





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  • Templarian
    04-23 04:42 PM
    ^I didn't even know if it was relevant when i remembered the "SDL", i just remember my bro talking about it once. But that was a very long time ago.

    Maybe as your learning you could write up some very simple step by step tutorials for beginning the use of SDL.





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  • amitkhare77
    10-08 10:38 AM
    If the JOB requires EB2 then you can file EB2 and not because your qualification/experience is equivalent to EB2. If your company can prove why you are the best suited for this JOB which is EB2 category, there should not be any problem. Given the circumstances - filing EB3 will be a safe bat.
    Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...



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  • dreamgc_real
    12-06 02:06 PM
    Dream Act is a moral issue and being fair to the kids who have made this country their own.

    Recapture - Legal immigrants who lost visa numbers due to bureaucratic mistakes, should not be punished. Most of the people seeking recapture have followed every law written in the books and this too is a moral issue - to be fair to the people who did everything right.

    Granted, both the dream act students and eb immigrants are in the mess, and it needs to be fixed. The only difference is that the Dream kids have been more vocal and active in getting people to back their issue than we have done.





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  • stueym
    07-08 04:21 PM
    Wonderful support. Thank you. So far we have over 850 viewings and have been rated 76 times and 23 comments. That has managed to push us to #6 in the News and Politics stories of the day. This morning we overtook a Ron Paul story. If you have not had a chance to check the video out, please rate it by clicking on the stars or leave a comment as that will push our position even further.

    Thank you once again. My son is beginning to get quite optimistic that CNN might just pick this one :-)



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  • neoneo
    07-30 12:03 AM
    IMHO.. one thing for sure is that post school u need to join the same position as filed for GC. However being non resident has nothing to do with USICS. It's to do with IRS and the state tax agencies. Also, you wont go on "F-1" visa since you'll use AP. But you do need an I-20.(two different things ...similar to I-797 and H1)

    So, the question to be asked is not "Can one goto F-1 visa after filing EAD" rather "Can one goto school after filing EAD ?".

    I don't quite understand why one can't ( I'm sure there are reasons) If a person can stay at home or be self employed after applying for EAD/AP. Then IMHO that person can goto school too.

    I think you can, however u need to join the same position for which the GC was filed and u need to be paying taxes.

    Any suggestions ? .. also, what happens if your spouse is on F1 when the primary applicant files for 485/EAD/AP?





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  • sonu
    10-06 10:02 AM
    Hi,
    I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.

    Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.

    Thank you for any kind of input.

    I am in the same situation as your, USCIS website shows that my wife's AP approved and mine is still pending at TSC. I called USCIS yesterday , they told me to wait for 90 days from notice date.



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  • Berkeleybee
    04-12 12:56 PM
    Thanks for putting up the link Learning01. Karin got in touch with us and I had several calls with her cluing her into the facts and figures. She herself is an immigrant from Sweden.

    Good to see our leads payoff.

    best,
    Berkeleybee





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  • intezar2005
    04-21 09:59 AM
    My appointment date was Apr 02 and they received my documents on March 30th. I kept calling the ph # given on their website after nth try , I was able to talk to one lady on 15 th april, she said it has been only 4 working days for embassy since they received my application, and it will take couple weeks more to get my passport renewed, if it does not require additional processing.

    I used epassportphoto website to get 3.5X3.5 pics



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  • fide_champ
    03-28 05:59 PM
    Based on the information, it seems like the consulate is not convinced about the employment or the client letter was not sufficient to prove the employment. You might have to seek help from lawyer sheela murthy to find out what the US consular is looking for in a client letter.

    I wouldn't suggest a visitor visa as it might signal other intentions. They probably are aware that you can apply change of status(I-539) from B2 to H4. Consult lawyer murthy and try the H4 once again.





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  • pd052009
    09-08 12:32 PM
    How far are we from hearing that H1/L1 is banned for Govt/Pvt projects?
    Good atleast we can have jobs, fr..ing last couple of years tired of loosing jobs because of Outsourcing companies. Waiting for GC from 9 years and now struggling to keep the job because of Outsourcing. Big F for OS



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  • jy1021
    02-12 10:35 PM
    I am holding H-4 visa, last week, I made an appointment in Ottawa consulate so I want to get my H4 before I go.

    My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).

    Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.

    Good luck.





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  • needhelp!
    05-15 06:22 PM
    co-sponsor = confirmed support, so thats what we want.



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





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  • Prashanthi
    12-03 03:40 PM
    If you are 21, then you have aged out with reference to both your H-4 and I-485 petition. Unless you are protected by the child status protection act, which is unlikely if your parents visa number is not available.

    Now the question is, what is you status in the United States, are you on an F-1?. If you are then you could perhaps come back on a fresh I-20 to rejoin your course. However, if you have been out of status for 6 months or more as per IRAIRA you will not be allowed back into the country for 10 years. You have to consider all these factors very carefully before you leave.



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  • hibworker
    07-15 05:37 PM
    Hand in all I-94 that are in your possession since last entry in to US.





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  • b072707
    10-29 10:20 AM
    Got the receipts by calling USCIS. good luck to all.





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  • Apollon
    06-30 12:16 AM
    The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.

    If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.

    My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.

    Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
    1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
    My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
    2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?





    on_h1b_since_1998
    02-08 12:51 PM
    I am new member to this forum. My friend referred me here.

    I have a very unique case scenario and need help if anyone is aware of this.

    Background :
    I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
    working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
    2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
    the option of concurrent filing but did not use which i regret till date). Since the X case was of
    no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
    I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

    Issue :
    Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
    The letter's main content says
    "THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
    FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
    PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
    It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
    to terminate the registration of any alien who fails to apply for an immigrant visa within one year
    following notification of the availability of a visa number".
    Letter is Dated Dec. 3 2006.

    Question :
    I want to know if this will in anyway prevent me from using my old case PD with my current case?
    My interpretation of this is that only the registration with NVC gets cancelled but the
    underlying LC and I-140 approved are not affected and I can still use the old PD on my
    current case. Pls. help.





    gulute
    03-16 06:31 PM
    why is it denied?

    Hi,

    My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?



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