Saturday, June 11, 2011

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  • bijualex29
    03-24 12:48 PM
    I am wrong in my number. I added 10% to EB-1,2 and 3 all separately





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  • vina92
    12-11 08:44 PM
    I am in MN and would like to join in.





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  • totalvisa
    04-25 08:39 PM
    Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

    After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

    If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?





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  • Desertfox
    08-01 12:14 PM
    You will be considered as an eligible non-citized once you have used your Advance Parole (obtained by filing I-131) to return to US after foreign travel. Your I-94 will have a parolee stamp, and you will need to submit that to the financial aid department of your school in proof of your "Eligible Non-citizen" status.

    Once you have the parolee stamp on your I-94, file FAFSA online and your school will be notified as soon as they process your application. You will then contact the financial aid department at your school and submit a copy of your parolee stamped I-94. The process was very easy and quick at Arizona State University for my spouse.

    Hope this helps.:)



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  • chaukas
    10-21 12:03 PM
    We are in a similar situation . My wife had an EB3 approved I-140 with PD Apr 2004. She got her new EB2 I-140 approved with PD Dec 2006. I have opened a service request ... no update . Sent a letter to Ombudsman. No response yet. I am thinking of pursuing with the local senator.
    The lawyer says that USCIS is treating these cases in the general I-140 queue and therefore may take about a yr to resolve.





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  • akhilmahajan
    09-14 03:16 PM
    Hi All,

    I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;

    Yes, i got an LUD and mine was approved on 20th August. Mine reached TSC on March 8th.



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  • ibbu_arif
    11-16 10:33 AM
    Adurthy,

    I am in the same boat.. I am also waiting for my AP approval. (applied Oct 10th)

    Just wanted to know at which Service Center you filed? Did you get the reciept notices.

    My attorney says he will tell my reciept number as soon as he has it.
    I am thinking he is lazy to sort his mail :). It has been 5 weeks now.





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  • softcrowd
    03-11 10:31 AM
    PD Transfer can even be done @ i-485 stage too, but that's not as straight a process as porting it at the I-140 stage. But technically, it can be done at I-485 too.



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  • mdcowboy
    02-17 07:38 PM
    The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?

    You are not going to lose anything by filing through EB-2. This is going to be anyways a separate parallel process in no way affecting your current EB-3 application.





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  • uslegals
    11-12 08:59 AM
    thanks desertfox ! i I did apply before July 30, 2007 (recd. date for 485 is 7/17/07) which means that i do have to pay the fees for AP. I will go ahead and apply online.

    Enjoy the weekend!



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  • ArkBird
    03-19 01:48 PM
    Canada option though attractive has his own problems and I mean serious problems!. When you apply for stamping, consulate will first cancel your existing visa so if your H1B is denied you have to go to your home country from Canada!





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  • fromnaija
    11-17 11:48 AM
    Hey arnet! I am having the same problem. I filed for EAD renewal and then I got my card the other day, but problem is they gave me the same expiration date w/c is Jan. 2007. I called the 1-800# 4 times the day after I got my new card to let them know of the error. I never felt so disappointed and frustrated in my whole life! The first 3 representative I spoke could not tell me anything but "sorry we can't do anything about that". One of them even told me to go to the USCIS where I had my biometrics taken.. and that was 5 hours drive from where I live. I was so pissed. Then I tried to call again that same day just to see if there's anyone in their customer service who has some sense to tell me. And luckily a lady answered and she told me to fill out another I-767 form and send it to the service center who approved my case without the filing fee. That is if it's their fault, they're going to waive the fee.

    The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.

    I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:

    This is one good reason I support the person who posted on another thread that one keeps status in H1B and not work with EAD. I an not trying to justify the USCIS mess up but if you have the option to keep extending H1 until you get GC, please do so.



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  • pthoko
    07-05 03:18 PM
    Yes I got an I-94 with the transfer(Same I-94 number as the L1 one). I didn't go out of US after that.


    Please note that I joined the H1 employer and later got an H1 transfer approved also.

    Thanks.





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  • Ann Ruben
    02-10 11:57 AM
    Saurin,

    Assuming that your I-140 has been approved and your I-485 has been pending for more than 180 days, you're GC should be approved as long as you can demonstrate that you have a bonafide offer of permanent, full time employment in the "same or similar occupation" at the time your I-485 is finally adjudicated. Note that the requirement is prospective. Where, or if, you are employed prior to the final adjudication of your I-485 is relevant only to the extent that it is one way to establish the bona fide nature of your intent to accept or continue employment in the required occupation.

    Ann



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  • innervoice
    08-20 09:03 PM
    Include me
    EB2 - I
    I-140 Approved
    PD: Oct 2005
    RD: 2 JUL 2007
    ND: 8 Sep 2007





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  • Mount Soche
    12-18 06:21 PM
    Summons to serve on the jury are sent to anyone with a driver's license so non-US citizens should not be surprised to get them.
    As everyone else says, just notify them of your ineligibility by the stated date and you will be excused. It is very important that you do notify them by the stated date or there could be legal ramifications.



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  • ThackeG67
    08-08 07:56 PM
    Definitely illegal..that must be taken into legal action.





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  • supender
    09-21 01:33 PM
    My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
    My reasoning behind this is:
    1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.

    I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
    Thanks





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  • prabasiodia
    05-25 01:49 PM
    Also ask/inquire about whistleblower protection while filing your complaint. There should be valid reasons for lay-off but filing complaint against the employer with DOL is definitely not one among them.





    dba9ioracle
    07-11 04:41 PM
    Did you apply AP with your EAD ? is it a DUAL card (EAD and AP) ?

    Just asking..I still did not get my EAD which was applied in july-2007 last year. I am planning to apply for AP renewal this month as I have apporved AP.





    ndny
    08-06 03:01 PM
    Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?

    A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:

    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:

    Housing assistance
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).


    Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?

    A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.



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