Wednesday, June 8, 2011

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  • shana04
    02-01 06:07 AM
    There is a seperate thread on this. Look it up.
    My 2 c:
    - Stay away from Murthy. They've screwed up at least 2 cases that I know of. And their response is slow.
    - Thomas Fan in MD: Run like you've seen the devil. I have no idea why malpractice suits has not been filed against him yet.
    - Clark Trevor in CA - Guy is awesome but expensive.
    - Ellen Krengel in CA - Decent.
    - Gowda in MI - Slow, inefficient.
    - Rajeev Khanna - seems to be good, efficient and responsive.
    - Jon Wu, CA - Slow as hell but knows the ins/outs

    I gave you points.

    I do not care about money right now. All I need is a good attorney where I can sleep happily for some time. I will try Rajiv kahana, then.
    One of my friend also got his GC from Rajiv kahana.

    Thanks my friend.




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  • sonu_Aug_2002
    07-13 11:39 AM
    EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.

    Please consult an attorney.

    yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?

    You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.

    Just want to get this right, for my own knowledge. Please clarify




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  • eb2dec2005
    02-22 07:05 PM
    hi,

    My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.

    Around 3 months back i joined a company as a permanent employee using my EAD.
    I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.

    I recently got an update on my H1 application with the following message.
    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    I am assuming it has to do with cancellation of my H1.
    I am not sure if my I140 is cancelled or not.Is there a way i could check this?

    I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?

    Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.

    Since i was without project for a long time, i had to join the new job using EAD.

    Please let me know your opinions.




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  • glus
    03-19 11:55 AM
    Gurus,
    I am writing on behalf of a close friend who is too worried to write it for himself.
    Case:
    He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.

    Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.



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  • cherupally
    09-11 10:42 AM
    Thankx for the info.

    did you send ur 485 application directly to TSC or was it transfered to TSC?


    Mine was directly send to TSC. No transfers.




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  • WillIWin?
    04-07 10:01 AM
    There is no need for you to have an actual copy of the I-140. I am assuming that you want to have the documents to prevent the current employer doing any 'harm' - intentional or otherwise to your case.
    AC21 states that as long as the 140 has been certified, the current employer cannot do any thing if the employee leaves.
    I am NOT sure about this next point, but even if the 140 is revoked by the employer the LC and PD stay valid.
    Make sure you have the receipt #s, and check the status on the USCIS website. Once 140 is certified, you are golden.
    Hope this helps.



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  • madhu345
    11-29 10:32 AM
    I'm based in Dallas, anyone in this area send me the PM.
    Since I travel extensivley there might be a slight delay in pesponding to the emails.

    Thanks!
    Madhu




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  • crystal
    10-06 01:03 PM
    --
    c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?

    >>You need to fill new I-9 form

    If any one has info, please share.



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  • paskal
    08-14 03:53 PM
    with this tension i m jusst going to end up with piles. then paskal will have to look at my piles :(

    not that kind of a physician..not on your life pal :p


    another thread, another poll. guys all this is already being discussed in so many threads...yes including the esteemed MR WILLIAMS.
    there is a thread opening up for every mailroom chap in USCIS
    Please stop this. it's not helping anybody. use the multitude of threads that exist and keep this stuff together. otherwise any info you hope to gather is going to be too fragmented anyway...




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  • iv_newbie_2007
    09-16 09:38 AM
    OLDMONK,

    My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?

    Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.

    My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?

    GULUT,

    FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...

    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.



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  • itstimenow
    08-08 03:31 PM
    I am not sure what it is misdemeanor or felony. I received an arrest warrant mail to report to police station I went and I was fingerprinted/photographed. I was asked to pay the traffic court fine and that is it.

    Check this if it's a misdemeanor activity. You can call court in your county, give them yr docket/case number and find it out. Hope this helps.




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  • Sunx_2004
    10-04 10:39 PM
    Just to add My I 140 approved from the first company.

    Sorry for opening a new thread, Please point me to the thread if this issue is already addressed in some other thread and delete this thread.

    I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-

    Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
    If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?

    Thanks



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  • sunderbans
    04-07 09:31 PM
    thanks for your reply.

    my wife H4 was denied since it was applied after 2 months of I 94 expiration (july 1,2010)but we also sent the I 94 correction based on my H1B notice untill March 10,2011 since there was mistake at POE in jan 2010. On March 18 we received I 94 correction until March 10,2011. Hence now actual out of status is from march 10,2011. So we decided for her to go to India for stamping. But we also filed for MTR still my attorney adviced us to go to India for stamping since we don't want to cross the 180 day period.




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  • mhkumar
    07-21 11:36 AM
    Hello All,
    Employer A filed my I-140 and it was approved. They refused to provide me the approval notice but provided me the receipt#.
    Later I moved to company B. Now company B is starting my green card process.
    They said I can port my priority date If I have the I-140 approval notice.
    My questions are
    1) Is it possible to request USCIS a duplicate copy of my I-140 approval notice
    using either g-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?
    2) I don't know whether or not employer A revoked my I-140. Can I used it
    to port priority date even if my I-140 is revoked?

    Thanks in advance.



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  • akilaakka
    02-11 02:34 PM
    I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).

    My six year visa expires in Sep 07, 2009

    a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
    b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
    c) Can we include the dates for some one is physically not present in US
    d) What supporting documents are needed to prove that some one was not present in US?


    Thanks
    Senthil




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  • quizzer
    01-22 06:12 PM
    My lawyer says all I140 needs to be applied in NSC and so he has applied mine at NSC.

    Is this true?

    Whats the criteria for applying in TSC where the approvals happen in say 2-3 months?

    Thanks



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  • kannan
    02-11 11:21 PM
    count me too




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  • mvinayam
    08-12 11:07 PM
    On 2nd July, what time was your i-485 application received at NSC?

    Hi,

    My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????

    So I guess the LUD change is nothing relevant to I-485 filing.

    Thanks & Regds
    MV




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  • brij523
    11-07 12:26 PM
    brij523.. Taking time out for IV even though you have your GC

    My Pleasure!!




    Raj12
    04-30 11:45 AM
    As far as I know, H4's are allowed to do 'voluntary non-paying work' in the US and are not allowed to compete for jobs in the US. In my opinion, if you are working for an indian company and getting paid in Indian currency without hurting the US job market, it should be OK. An excellent point was made earlier about home maintenance activities and baby care activities that are also part of broader terminology of 'work' and 'job'.




    lonedesi
    01-15 04:54 PM
    This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.

    You happened to be lucky since you had the option of Premium Processing. But now, even if we wanted to, we cannot opt for it. I am sure, almost 90% of the members who have been waiting for months together would opt for PP (for I-140) if it is available now. I wonder why USCIS has not reinstated PP for I-140 now that they are done with the major workload(receipting,AP,EAD) due to the VB fiasco.



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