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  • thomachan72
    05-13 10:43 AM
    Hi Michael, just curious. Are you doing this alone? Don't have an attorney? I am not suggesting you should have one but just curious. If only we could all do this without hiring attorneys.
    Most of my friends who belong to countries with PD current are doing it themselves. They are surprised when I tell them that I use an attorney.





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  • ramaonline
    07-27 02:10 PM
    You must first get into EAD status by filing form I9 with your employer. After that you can do a second job part-time or weekends / online etc using ur EAD. EAD allows open employment for your second job - not necessary to be the same as ur current full time job.

    H4 holders after getting EAD must apply for SSN. After getting SSN they can do any job full time or part time.





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  • immique
    07-03 01:50 AM
    H1B transfer pending & going out of US for 3 days.

    My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.

    I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???

    Should I tell that I have joined new employer or should I not?
    My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....

    I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.

    Please help by throwing out your thoughts/past experience/knowledge base in this area.

    Thanks
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.





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  • nirenjoshi
    01-17 08:53 AM
    I had the same problem.. That you can file for ITIN only when filinf tax return. But the lady at the IRS office told me that if your spouse's name is added to an interest bearing account - say for example your savings bank account. Then IRS is required to assign an ITIN number to your spouse. There is a place to select the reason why you need the ITIN, on the form. You will need a letter from the bank that this person has an interst bearing account with us.. Thats all I sent and got the ITIN number for my wife.



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  • mikrupee
    07-27 03:26 PM
    What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?

    Senior pl give advice.

    O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

    Now real question should be "Should I use EAD or Should I be on H1/H4?"

    If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.





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  • theperm
    08-08 06:40 PM
    where ever u r getting ur info from shree19772000 ...I soooooooooooooooo hope it is true !!! :D



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  • dollar500
    08-06 06:27 AM
    Interesting discussion. Sounds logical but you are missing that it was current for a long time in 2002 to 2005.

    Although you might be right about the movement.





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  • speddi
    10-05 01:28 PM
    What does your online status say?

    It says Current Status: Case received and pending.



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  • franklin
    07-20 08:43 PM
    To my knowledge, neither paystubs, W2s nor tax returns are required for filing.

    However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?

    To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"



    The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.





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  • 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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  • immi_enthu
    12-28 10:07 AM
    I have three friends waiting for I - 140 approval whose date are between Feb 16 - 22, 2007 and all are still waiting for approvals. online status show case pending. And dates in NSC shows April 6, 2007.

    This is not the first time. It's so frustrating . Well, that's USCIS for you.





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  • GoneSouth
    07-11 11:14 AM
    Congratulations!! Why didn't you do Concurrent filing in June?

    I didn't have my I-485 documents compiled and ready for submission in June, so I just went and filed I-140 since that was ready. I figured I-140 would be approved by the time I had I-485 docs ready, and the July visa bulletin issued June 13th showed my PD current through July, so I wasn't worried.

    Boy did I (and quite a few other people) get a nasty surprise on July 2!



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  • abhijitp
    06-21 11:26 AM
    for your quick responses!

    I am not SURE that my 140 will be rejected, but historically the attorney/paralegal has made mistakes in almost every stage-- which is why I would not want to take chances.

    The best option right now seems to be to premium process the I-140, and see what happens to it before applying for the 485. There can be issues doing this for ME, bcos of the thing I said here:
    http://immigrationvoice.org/forum/showthread.php?t=5199

    Doea anyone have any advice on the situation I tried to explain in the above thread?

    As a general rule, I am beginning to think that the idea of concurrent filing is a bit misleading. Your 485 can be rejected bcos of your 140 being denied. This is not well understood by people (it was not by me) when the think about concurrent filing.

    Thanks!





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  • h1techSlave
    04-22 02:23 PM
    Each RFE will result in lawyer fees, medical exams, etc. to the tune of $2000.

    Even if they issue 100, 000 RFEs, the resultant increase in GDP = 100K * 2000 = $200 million.



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  • vgghanta
    05-24 10:01 AM
    I am a Pharmacist. Changed the employer oct 2006. Had my perm filed thru previous employer and also I-140 approved thru previous employer in Aug 2006. My new employer has initiated the process for PERM. What will happen to my case? Will I be under old system or will I go under merit based system.

    If I go under merit bases system what would be my chances? I have Masters in Pharmacy from India and has 3 years of US experience.

    Someone please advise. I guess I have to repent for changing the employer.





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  • somegchuh
    06-11 12:49 PM
    I assume you mean "Be prepared for some grilling ....".
    I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.

    For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.



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  • kavita_abb
    10-10 02:15 PM
    Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!





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  • xbohdpukc
    03-05 02:57 PM
    I guess that's how much they value the American Dream, so let it be, I'll pay that price, no prob.





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  • sanju
    03-12 10:28 AM
    Congratulations GCMan007, thats awesome.

    If you have already received your approval notice then the change in online status is a matter of time. I saw an nearlier post on the forum that said it took over a week for the online status to show that I-485 was approved.

    If you could complete your profile information, it will greatly help folks like me who have the PD in the same date range.



    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center





    Gravitation
    11-19 10:30 AM
    For July 2nd filers, the freedom is attained on Dec 29th (180 days after filing).





    kondur_007
    07-30 08:31 PM
    I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here

    First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.


    So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.

    Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.

    But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.



    That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.

    The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
    That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.


    Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.


    Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)

    Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.

    You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.


    And one more thing how long does it take generally to get interview once a person has applied for CP ??

    I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.

    Good Luck.