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  • prem_goel
    09-07 06:49 PM
    the intent of Green card is to hire an immigrant since they did not file any suitable US Citizen. If your company has received a number of resumes and they are suitable for your position, then I don't believe the company and for that matter even you should move forward. I would suggest wait for a while if that's possible, and conduct the PERM process again once the market improves.





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  • sk2006
    08-19 12:29 PM
    OK.
    I got the magic mail today welcoming the new permanent resident.
    It talks about ADIT processing(see below).
    What does this mean?

    I haven't received "CARD PRODUCTION ORDERED" email.
    It is normal?


    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On August 18, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.



    (PD sep 2004, Nebraska, USCIS receipt date: 7/27/2007, notice date : Aug 20, 2007.)





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  • dealsnet
    08-14 01:05 PM
    It is pure luck. It depends on where your file in the USCIS rack. They will take easy accessible file for approval. No specific criterea. Only thing is your PD must current. They will approve 2006 when 2001 PD still on their shelf.

    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.





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  • 485Mbe4001
    03-06 03:42 PM
    Hang in there, i am in a similar boat, I applied for 485 in late 2003 and missed the boat each time with namecheck, i was cleared all this while but my wife who is the primary was stuck. I am on my 4th EAD/AP, just applied for the 5time.

    My 6 years of H1 expired long back, i guess we were lucky to be able to file for 485 and i could continue working on EAD.

    Our great lawyer who filed an EB3 petion for my wife and 'advisied' my company 3 years back not to spend money on my labor because my wifes PD of mid 2002 was good. I know i should have broken a coconut and applied vermillion on the application before sending it off, maybe that would have changed everything :p

    I filed my I485 mid 2003. I missed the boat end of 2004, some where in 2005 and then in 2007 when my dates were current. My pd is in 2002. People who filed with me have been approved and they are ready for citizenship next year :mad:, while I got my 6th EAD approved



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  • immuser
    11-01 06:26 PM
    I have seen many discussions were people talk about going to Canada, UK etc.

    It is good to know what your options are other than US.





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  • WeldonSprings
    10-28 10:40 AM
    I think they have started Receipting Delays at NSC. By the way, did you have any RFE on your I-485 in Aug/Sept. 08.

    I applied for the renewal of my expired AP on Oct 12 which was received on Oct 14th.But neither the checks are cashes nor any reciept notice received.

    Is there anybody else in the same boat,Btw, the service center is NSC.



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  • ajay
    09-17 08:31 AM
    I also was in the same situation when I came back from India and used AP.





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  • mantagon
    09-23 02:12 PM
    to convince them by saying that if a person can legally work in the US, a fact they acknowledge, the person can very well study! I don't think there would be any law that explicitly states this because it seems to be illogical that someone can work legally in a country, but not study! The reverse makes sense and that's why there are explicit laws about that. Good luck!



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  • GCNOMAD
    03-07 01:51 PM
    Hi,

    I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.

    When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.

    Some lessons learned from my above experiences and some points that might help you -
    1. The truth is, when your I-94 expires, you immediately loose your authority to work
    2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
    3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
    4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
    Take the above 4th point as its appropirate for you case.
    5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
    6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
    7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
    8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.

    After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.

    And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...

    I hope this helps and I wish you the best of luck to get it in the local CPB office itself.

    God Bless.





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  • smiledentist
    10-26 11:33 AM
    keeping this question alive, please advice



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  • sixburgh
    06-28 04:12 PM
    Read the link Immigration: EAD and AP (http://immigrationroad.com/green-card/ead-ap.php), especially the advance parole section.

    "However, there is an exception for people in H, L, K or V status: you may return to the US using either an AP or a valid visa (H1, H4, L1 or L2), and it won't jeopardize your AOS application."





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  • gcdreamer05
    11-19 12:59 PM
    I know of an acquaintance who worked for a reputed client w/o SSN for 4 months. He eventually got his SSN 6 months after applying. This was in NJ and his was first time H1B.

    I dont think so, SSN is mandatory, without SSN # how will they pay social security taxes, and how will they run pay roll, ssn is absolutely need for work authorization. Without ssn if you work it is not legal.



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  • ARUNRAMANATHAN
    05-31 09:41 AM
    Contributed More than 100$ recently
    Plus the ongoing contribution.

    As mentioned above, TRUST ... As you must be aware that IV is only non-profit organisation fighting for our rights. So please extended your helping hand .... !





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  • ubetman
    08-04 01:09 PM
    Hi,

    My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
    I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...

    USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..

    thanks in advance..



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  • gcpool
    08-30 01:48 PM
    The USCIS looks at the EAD eligibility option. And that option is there as I-485 applicant. (also this is a must field on the EAD application online where as the visa status is not)

    But on the current visa status there is no option saying that you are an adjustee and so the CS person (She was not sure) said that visa status considered is the last applied visa status. So if you were on H1B its better to put H1B. I also saw this on a website somewhere.





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  • lfadgyas
    05-20 09:15 PM
    I�m not a lawyer or attorney or anything official

    -So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.

    -L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;

    I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.

    -After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).

    -Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).

    I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.

    Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.

    Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.

    This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .

    If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
    Good luck



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  • sbvw76
    10-09 10:42 AM
    For the past 2 renewals in FL for me it was like that. They will give exactly for 1 year and will have TEMPORARY in red color font.

    Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.





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  • Abhinaym
    05-14 09:28 AM
    My H1 sponsor informed me that the check he submitted along with my application on Wednesday 5/7 - Non-masters non-premium processing:)

    Even my friend's application check seems to have been deposited by USCIS, does that mean that the case is selected in the lottery? (Or is there any other scenario?).

    Thanks in advance to anyone who can throw some light on this.

    Update:

    I just verified that there is a receipt number on the back of the check, so that's the EAC/WAC number!





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  • chanduv23
    07-02 01:07 PM
    My wife name in not mentioned while applying I140 , how does it imact?
    Can i add her while applying I485

    Yes, add your dependents on 485





    chanduv23
    03-15 06:57 AM
    In 1996 I joined a residency on J-1
    1999-2001 i did a fellowship
    2001-2003 another fellowship- needed special permission from ECFMG

    2003 started a waiver job and I'm still in the same job in my 4th year.
    Good job in a very nice metropolitan area.

    Home residency requirement is 2 years
    The new Conrad law is certainly better and should make things somewhat easier.

    Hi Paskal, I am trying to understand things here. So you got a "J1" transfer to do your fellowship and again another J1 transfer/extension to do your fellowship?
    The reason I ask is, my wife is on h1b and is currently in her 1st year residency (IM) and wants to do a fellowship, so the fellowship must be done on a h1b only I guess and h1b is only for 6 years unless the organization files for GC and get extensions. In general how are fellowships on h1b or J1? As such residency on h1b is extremely in recent times so I guess same is with fellowship.

    If you have gone through a J1 residency and 2 fellowships and a wiaver job for 4 years, means you really worked it out very hard. Members like you must be an inspiration for other IV members. Maybe you must submit your story to IV.





    sku
    09-11 03:52 PM
    I opened SR on 8th Sept, But no LUD's yet



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