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PDOCT05
10-29 01:10 PM
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drirshad
08-08 04:35 PM
I am one of the July 2nd filer, EB2 India, PD is April 2005. There is problem if you filed 485 at NSC but got a receipt# starting with WAC we must address it asap.

I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.

If we do not solve this problem we could be lingering in CSC for years.

If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.

Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.

http://www..com/discussion-forums/i485-1/168256035
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rajuseattle
08-12 08:35 PM
Sab,

If you do the paper file for which you submit all the initial evidence and supporting docs, you dont need to do finger printing.

but if you do e-file then you will have to go for finger printing.

Anytime you do your finger printing it is valid for about 15 months.

For me too I gave my finger prints in Nov 2007, but still USCIS sent me FP notification for code2 Finger printing.

by the way USCIS's RFE for me turn out to be that they dont have my code-2 finger prints in their system, so they need to know the details about my FP appointment and what's the schedule.

USCIS processing is really goofed up for e-filed applicants.

This is my personal expereince and their are lot of other folks who filed around the same time frame are facing the RFEs for fingerprints.

anyways i am going to respond to my RFE once i complete my biometrics on august 22nd 2008, by that time i will have the acknowledgement from the Seattle, ASC that they indeed complete my code-2 FP for the EAD purpose.

If you do paper based EAD renewal, you will receive EAD cards but it says fingerprints not available. As long as your employer is accepting the EAD cards it doesnt matter wether its with fingerprints or without fingerrints.

I hope this helps.
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kondur_007
10-20 09:53 AM
Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

Thanks.

GG_007

There are two issues you must consider (at minimum):

1. You must have a permanent job offer from the sponsoring (or AC21 employer if you are already ported) through out the period of pending 485. You should be able to verify this at any point as soon as asked for by USCIS. So make sure, your employer still supports your GC process and is ready to provide such letter and is willing to hire you after GC approval. If not, you must find another same or similar (AC21) job position and make sure that they will provide such letter. This arrangement needs to be made with certainty before you leave.

2. Must have a valid AP (for you and all family members) and must return back before the expiry of AP. Now, in general, as long as you have valid AP, they do not give you hard time at the POE (under most circumstances). There are few exceptions (especially in texas; or so I have heard) where POE officer gave hard time, but that is not the rule.

Good Luck.
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ssksubash
11-12 03:10 PM
Gurus,

I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

Will I have to pay taxes in USA.

Thank you for your time.
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gc28262
12-17 08:22 AM
Even in today's condition, you are legally clear. Why didn't company cancel the H1 ? That is company's problem. You don't have to worry about it.

IMO most likely you can get in to the country without an issue. It is worth giving a try.

Also see this uscis link

Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
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ImmigrationAnswerMan
09-14 12:23 PM
1) Any time someone takes a trip outside the US for longer than a year they are taking some risk that CBP will determine that they have abandoned their permanent residence. It would probably be OK, but there is no guarantee. If someone is taking a trip for longer than one year they must get a travel permit.

2) Anyone who travels abroad on a trip lasting more than a year must reside in the US 4 years and a day from they date they return to the US before they are eligible to apply for naturalization (2 years and a day if applying as the spouse of a US citizen). This is true even if you have a Travel Permit. However if they have been living in the US for 365 days without leaving the US after getting the green card then they may be eligible to apply to maintain their residence in the US even through trips abroad that last longer than 365 days.

** This information is of a general nature and should not be relied upon without first consulting an immigration law attorney. This information is not intended to create an attorney-client relationship.
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roseball
05-04 04:34 PM
Hi Guys

Please read before giving your opinions: as per memo not my words:


USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.

The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.



See links below for more data
http://ac21portability.com/modules/wflinks/

AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
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NKR
06-13 10:48 AM
It has not passed April 04 since Sept 05 (when it was current) and during July Fiasco.


I was just a couple of months away when PD reached APR 04, it remained there for sometime, got retrogressed and now it is again back to square one at the same date. Wonder what the bottleneck on APR 04 is�.
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meghanap2000
09-09 03:34 PM
This is the always problem with USCIS in porting PD. In my case they have put PD as 485 application received date. The only solution to this is ..Keep your attorney in the loop and ask them to send letters repeatedly and call the customer service center repeatedly..
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
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hmehta
06-20 05:20 PM
Hi Swati/Aradhana:

I just sent you an email, I live in the Los Angeles area.
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SunnySurya
06-13 10:33 AM
Deleted
Hi All,

We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

Please help us with any suggestions.

Thanking you all.
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veni001
06-17 09:28 AM
Little research on this forum will give you answers to all your questions!

In short, you employer ( current and or future) need to start GC process for a EB2 qualified job all over and pay all expenses, you will be able to port your priority date at I-140 stage, upon approval request USCIS to update your I-485 with new I-140.

HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.

I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.

I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?

Thanks,
PagalForGC
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geevikram
05-19 02:59 PM
I missed the bus and would love to get my hands on EAD!!!
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wandmaker
11-07 09:38 PM
1 (800) 375-5283 and follow the voice instructions.

Please let me know, which center you opened Service Request and is there any phone number, I can call USCIS.
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rangaswamy
02-26 07:17 PM
She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.

I think F1 has more advantages unless you have 485 filed (in which case i dont know what happens!)

As an F1 student, you can work on campus, this will ensure an SSN/credit history etc etc.

Most important, she can accept scholarship and internship offers through the course.

The path to getting a h1b visa becomes easier as the masters students have a separate quota and also one year OPT.

I think tution waiver will only apply if she has been independent in the last 365 days which she is not if she is on h4 visa.
Also, some senior members informed me that you can change from H4 to F1 by applying for I 539, which the school would assist you in doing. In this case i think stamping is not necessary unless you leave the country.

DISCLAIMER: all of the above information is based on other posts and some articles outside IV.
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yibornindia
11-19 06:02 PM
Co-sufferers,

Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?

There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?

I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:

Thanks all for sharing.:)
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gcnotfiledyet
02-28 01:52 PM
For any given fiscal year, either you are on f1 or h1. If for majority of the year (>183days) you are on f1 then claim as f1 for the whole year otherwise its h1.

If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.

If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.

Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.
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sayantan76
09-24 11:46 AM
My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?

Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.
Pappu - if you were a politician and were taking some actions to benefit future voters in anticipation of creating a vote bank for coming years - would do something for those future voters who when they become eligible use their rational judgement to vote (and hence could vote either way based on issues relevant at that time) or would you rather do something for a group that will vote as a "block" - and therein lies the rationale
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skp71
05-06 10:10 AM
If that's the case why should they pre-adjudicate 485s? Lot of guys getting REFs whose PD is 2003. If USCIS wants to approve after 3-4 years, they would not preapprove 485s. That logic won't work out.


If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.

So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.

I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.

My 2 cents.
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beppenyc
02-04 08:05 AM
ALAN CHOATE AND TYLER PETERSON - Daily Herald
Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.

The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.

U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.

He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.

"That should be done by, I hope, the end of April," Cannon said.

His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.

"The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."

His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.

Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?

Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.

He said the will in the U.S. House is to give states more discretion
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