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Suva
07-18 03:26 PM
I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.

1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes
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cbpds
12-09 01:25 PM
Well its just wasting GC numbers as this person is leaving US anyways, why GC???
I have seen many people leave US after once they get their GC, how stupid is that?

i have not come across any success stories of USCIS to CP move.

Also, i am not sure if the company must keep an empty chair for you..till you complete the CP process.

I was told that as long as the firm can give a letter stating that the job will be offered once you get ur GC..that should be good enough.

you are venturing into the unknown jungles....;-) ..best of luck
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cal97
12-11 05:44 PM
Guys,

I have a question about interfiling. My signature explains my green card situation. My EB3 I-140 with a PD of 9/2001 is still not approved.

Is it true that USCIS never responds to interfiling requests ? As per my attorney, they accept the interfiling letter and process it or they don't. My attorney is pretty darn good and honestly have no complaints till now but this particular information is kind of bothering me and just want to be sure.

Would appreciate if anyone could help me clear this up.

Thanks!
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aperregatturv
10-26 03:08 PM
My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.

Is this true?

Thanks,

PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
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saint_2010
07-11 04:44 PM
Yes I did, but did not get a dual card. It says on the card - "Not Valid For Reentry to US" - my guess its not dual.

Did you say 2007!? and you haven't rcvd EAD cards till now!. Did you check with USCIS?
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fullerene
12-14 10:39 PM
I don't know how many people will that invitation allow for the meeting? I can join and we can present some things to the congressman. Please PM me and we can touch base.

thanks,

Very glad to hear that. You may visit his website and email or call for reservation.
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WaldenPond
12-31 08:34 AM
--------------------------------------------------------------------------------

As per the current procedure, we can file I-140 and I-485 at the same time provided I-485 date is current or the date of the category that we fall in is after our PD.

I do not remember the clause after approval of I-140. But it would definitely help lot of us to be able to file I-485 irrespective of the fact if visa number is available or not. As per the current procedure, one can file I-485 and get approved for I-485 only when I-485 number is available. I think this just causes confusion. It will make lot more sense if filing of I-485 is not related to PD even though approval of I-485 may still be linked to PD. Maybe we could include this as one of our agenda.
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krishna007
05-05 03:15 PM
I am similar situation (not laid off, but would like to change to employer other than one for which H-1B is approved) and spoke to a lawyer. You can apply for H-1B transfer even before Oct1st(H-1B start date). But, apply in premium processing so that your CAP-GAP benefit will not get screwed up.
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seahawks
04-28 11:15 AM
oops, I read your post again, you said non premium processing, sorry, I dont have that information. I filed mine through premium processing since I waited 4 years just for my labor.
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vikramy
10-20 04:46 PM
My AP renewal recently got approved. It was never in this status.

May be finger prints or some mistake. I know for AP you don't FP
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inskrish
10-21 10:47 PM
Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?


Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

Thanks for all your help!!

1. Can I travel and enter on my H1 even if my AP is approved/pending?

Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.

2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?

If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.

3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.

Consulting an attorney is the best option, I believe. Good luck!

Regards,
IK
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srt57
02-14 06:21 PM
In the RIR system EB2 was MS + 3 and BS+5.

If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole

It isn't a loophole. That's how the PERM Jobzone/SVP system works.
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payur
08-09 01:45 PM
It is your passport number

See his/her post, this is the first post. If you are not sure why confuse others, you can always say that you are not sure, why on earth did you think it was passport number?:eek:
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piyu7444
04-14 01:35 AM
As soon as you use EAD you will lose h1b for sure.......Moonlighting is something you would want to explore but the way USCIS explains it and define it.......it might be a big risk to take by using EAD but this is just me........
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goldbuckle
March 14th, 2006, 10:32 PM
Here are examples. Others file sizes to large to upload.
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desi3933
07-13 12:28 PM
I did not generate. The employer did, but I paid the taxes due 925% + 12.5 % employer tax)

So you "paid" taxes, could you please explain how it is legal?
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H1B-GC
11-14 02:00 PM
Dear All ,
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).

Thank you very much in advance.

Anci.


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abheja
12-21 07:29 PM
I don't want you to freak out because my case is probably a very small fraction of the visa applications BUT since this thread is specifically related to PIMS, I thought I'd give you my example. Good news for you is, you are going to India. I was stuck in Canada not knowing long it might take for the PIMS to get updated. I ended up touring North Canada but I wish I could've traveled with a peace of mind.
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tabletpc
12-28 08:19 AM
Best wishes to your mother ...!!!!

Don't worry about the visa...old visa stamping is good to use as long as it has not expired. Make sure you carry all relavent documents to prove you work for present employer. There could a possibality of officers calling to confirm your employment..so make sure you inform your present employer about it.
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go_guy123
01-20 03:55 PM
Nearly half of H1B visa holders from India: US report - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/nearly-half-of-h1b-visa-holders-from-india-us-report/articleshow/7290694.cms)

At this rate...after couple of years the GC backlog will only be restricted to EB-India
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smartboy75
06-27 12:41 PM
Hi All

Just came accross the following information as posted by the uscis latest newsletter...

If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?

If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.

source: Latest USCIS Monthly Newsletter
Link available via www.immigration-law.com

Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???
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