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  • morchu
    04-22 09:41 AM
    Since your H4 COS is not approved yet, you are not YET in H4 status.

    So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.

    Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.

    This is a typical situation where you should file for Premium Processing (of H1 COS).


    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.





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  • same_old_guy
    07-22 03:07 PM
    There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers.

    As I understand it, not all June filers got receipt yet. So obviously USCIS can start looking at July filers only after 8/1 or later.

    Another recent memo says on in-time receipt compliance for I-485 to be 10/24. I am guessing it was meant for July/Aug filers.

    So between 8/1 and 10/24, we are suposed receive the receipts from USCIS. To me, earliest we should talk about cashing the checks sometime is first week of Aug.

    Does it make any sense ?





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  • santosh_3000
    07-18 01:27 PM
    Friends .. Please reply/suggest as its very urgent to take decision. Thanks!!


    Hi,
    I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..

    Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.

    I need your valuable suggestions to make my decision, my questions are:

    1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???


    2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?

    3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???

    5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?

    Many Thanks in Advance!!





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  • windycloud
    05-24 12:03 PM
    I'm in. I don't mind providing my information. This is a procedural confrontation, we can't take our proper position in such while trying to remain anonymous. So we are still doing a group letter, correct? Thank you.



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  • srini1976
    07-11 04:44 PM
    :D Congrats dude!





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  • dwhuser
    06-15 01:02 PM
    My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India. He still has a valid H1B, since his payroll is not running for the last 4 months his employer suggested him to move into his EAS status. When we asked the attorney if we need to apply somewhere to move to EAD status from H1B he said we donot need to.
    Our question....Is it sensible to travel on AP him being unemployed?



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  • sbnvs@yahoo.com
    12-21 09:56 PM
    Its mystery. My friend visited one Canadian consulate for VISA interview. He sent his I-171 and DS160 to them in email to get PIMS done before his interview date and they said that they received the documents and noted info & can come for interview. He though PIMS check is done and he can go peacefully for interview.
    But today they gave some document saying they need to verify PIMS, so the conclusion is always better to go home country sothat we can have nice time with relatives atleast.





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  • snathan
    02-21 10:37 PM
    Thanks a lot for the links snathan. Is it possible to return to India at any stage of GreenCard processing and then come back to India once the EAD is approved.

    It depends on your employer. If your employer supports and the job still available for you, yes...you can go to Indian and come back.



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  • gc_buddy
    12-02 01:06 AM
    We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005. ND is September 05, 2007.

    Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?


    Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.





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  • liberty
    10-06 04:30 PM
    I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
    1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
    2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
    3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?

    I will really appreciate your help.
    Thanks for the support.



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  • sam_hoosier
    04-05 12:24 PM
    Has anyone on a EAD or H1 taken a FHA house loan?
    FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
    Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)

    Would be interested in hearing your experiences.

    - JK

    I am on EAD and will be closing my loan (refinance) this week. I had explained my immigration status to the broker upfront, and they had no objection to moving with the loan. My lender is US Bank.





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  • go_guy123
    05-31 05:39 PM
    If I remember my Uncle's word correctly, it was Ted Kennedy who was instrumental in relaxing (changing) the rules for future immigrants in 60 or 70's. Only then, we saw a huge increase in immigrants from India especially doctor's and engineers in 60's & 70's.

    Yes you are correct. Before 1965, there were immigration quotas based on the population mix of the existing US. Therefore western European countries like Germany, UK, Ireland etc
    had higher immigration quota compared to say eastern Europe, Asia, Latin America etc.

    So that 1965 in some way equalized the quotas. In order to the satisfy the "anti"s in those times they kept the 7% rule and hence the speech referred above by Ted Kennedy. So late 60s onwards people from India (including my Uncle) started coming to US.


    In fact in the past there have been periods of very restricted immigration to US
    http://www.lotsofessays.com/viewpaper/1690197.html


    By the way here is the case...
    http://en.wikipedia.org/wiki/United_States_v._Wong_Kim_Ark
    where the 14th amendment (birthright citizenship) for children of illegal alien parent was tested in US supreme court.
    Therefore all these rules that you see tabled in congress to deny citizenship to some US born children are pure media publicity stunts.



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  • small2006
    08-28 05:15 PM
    This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21

    Response from my attorney for a similar question a while back was that the sponsoring company that has filed for your GC should "relieve" the attorney from representation and then they are free to represent you alone with some other company. Unless you don't want the current employer to know about your plans, you may try this option.





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  • onemoredesi
    07-27 11:46 AM
    Congrats ajkastar..Pls let us know when you filed for your 485? How long did it take you after the finger printing..
    Thx
    Friends,
    Finally my 485 is approved,
    " On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"

    Long wait is over....
    I thank IV core members and all others for their efforts and information.

    Case details
    EB3 - India
    PD - Nov2003
    RD - Aug 2004
    Approved - 7/26/2007
    RFE - Birth Certificate and 325, Yes replied last Sept.



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  • saxx
    01-19 10:52 PM
    Yeah man, trying to communicate with
    blog.organa.ca





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  • Libra
    11-15 11:20 AM
    At least after DEC visa bulletin don't you guys think its time to act? Lets meet and greet in MN.



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  • dreamworld
    07-05 02:15 PM
    Call IRS and find out.





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  • desighee
    02-25 12:43 PM
    Hi Friends..I am staying in MD and i am H4 visa holder..and i have international driving license with me.. Let me know how can i get the driving license in MD and what is the processes..

    I don't know where u stay in MD but if u are near Baltimore don't got to Baltimore MVA.
    Go to the one in ESSEX.My wife had too many issues at Baltimore MVA but essex people were very nice and had a seperate person dealing with licensing issues for visa people.





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  • rajuram
    04-04 07:55 PM
    here is the correct link:

    http://www.goinglobal.com/countries/India/india_visa.asp





    simple1
    06-03 02:00 PM
    fool's post. yes you are.

    The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.

    I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.

    Housing did create a biased USC/GC jobseeker.

    06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers

    H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
    source:http://immigration-law.com/


    Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??

    How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc





    gc_chahiye
    08-29 05:10 AM
    Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.

    thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.

    The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!