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Thursday, June 9, 2011

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  • Chris Rock
    08-12 01:27 AM
    IV core,

    Thanks very much for your tireless work.

    I have some serious questions to you. Hope you will answer them. I fully understand that you are all volunteers. I am not demanding anything; rather this is a request...

    1) Does IV working on any temprory EB visa fix for people waiting for 8 years? Or IV is waiting for CIR to happen?

    2) A simple one line amendment (that is easily acceptable by the lawmakers) in a must pass bill will fix the problems of long time sufferers. Does IV have anything in its agenda?

    3) Does IV beleive in bringing releif to IV members in steps or do you want to solve all members problem in one shot? If the second case is true, is it possible in this economy?

    4) Recently many immigration related amendments are debated in congress; not for one bill but during two bills. There was no single amendment that helps the heavily retrogated categories. Why IV is not successful in requesting the lawmakers to bring up an amendment? Is there a single soul (lawmaker) sympathetic to our cause? If money is the only issue, I will donate first and persuade my friends to do the same.

    We (me and many of my friends) were once active members right from the early days of IV. We contributed and involved in every IV initiative before. Now we are in the sidelines. I strongly beleive, members like me will be active again once we see any hope. Right now there is none.

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  • jyothu
    07-18 04:19 AM
    The only way he can get more H1B is by staying out for 1 year, especially since he is already in India. In order to take advantage of the 485 filing, he MUST be on a legal status in the U.S. His legal status does include being your dependent, i.e L2 or H4 (if you are on H1B). Basically, in order to do that, he has less than a month to obtain a dependent visa and move to the U.S. This would mean that he would have to trade the possibility of getting an H1 with that of receiving an EAD in a few months.
    Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
    In any case, I would strongly urge you to consult an attorney immediately.

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  • drona
    07-11 11:40 PM
    He is a legal immigrant himself and he understands the immigration system. It took him 15 years to become a US citizen.

    He is the Governor of California, the state with one of the highest employment-based green card applicants. Also one of the states with the highest Immigration Voice members.

    He is anti illegal immigration and recently made comments about illegals which created a furore (albeit among illegals and pro-amnesty groups, but they were heard). He might want to align with us to show he is pro-immigration.

    Come on members, let's work out a campaign to gain his attention. He wants to be a champion, so let's give him a cause.

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  • rajuram
    01-14 08:34 PM
    AP is taking around 1.5 to 2 months at TSC. Mine took 7 to 8 weeks, filed nov 1, apprvd dec22.


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  • singhsa3
    02-28 10:20 AM
    Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"

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  • hebbar77
    02-12 05:27 PM
    Thanks! Hope all will do it.

    I guess most of us dont want to take the pain of "mailing the letters"

    How abt someone obtains online authorization to mail letters on members behalf.
    I mean members authorize mailing a letter on their behalf by IV.
    Question is asked when they sign in... or login to the website!


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  • mnkaushik
    01-04 08:50 AM
    I dont know if this is possible but how about applying for EB3 using premium processing and once it is approved u have ur prority date set to Apr 2004 and then apply for EB2 I140 and ask for the April 2004 priority date.

    I am not sure if u can do this, looking forward from others to see if this is possible.

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  • indianabacklog
    07-27 09:40 AM
    Not true. It is 30 days for the asylum based apps and 90 days for the rest.
    I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.

    I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.


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  • mikemeyers
    11-09 12:20 PM
    anyone else has any opinion..plz share it...

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  • pmpforgc
    11-22 03:09 PM

    I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.

    I am planing to Go to India some time next summer.

    But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
    H-4 stamping for my family.

    Do I need to carry any extra documents apart from those needed for H-1 B stamping?

    DO I need to Get Advance parole before going to mexico for H-1B stamping?

    Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?

    Your experienced advise will help me a lot.


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  • meridiani.planum
    11-19 02:21 AM
    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?
    --its going to take 2-3 years before you can file,then another couple of years perhaps. So yea 4-5 years

    2. How long does it take if to process it using EB2? I am from Russia.
    --if EB2 remains current (it has inthe past, andwill likely remain current in the future also) say an year or 18 months. Thats been the typical time, and also processing dates cameout today and NSC is for instance claiming they are now doing July 2007 cases

    3. Is it possible to switch to EB2 somehow?
    --u will need to redo the LC stage.

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    --see below

    5. At what step of GC processing can I change a compamy that I work for?
    --6 months after filing the I-485. safer to wait for teh I140 to also be approved by that point. (the law says your I-140 must be 'approvable'. I-140s are taking 12-18 months

    If I were in your place, I would drop this LC and file the one in EB2 asap.

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  • SeanDell
    06-02 09:29 PM

    I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:

    1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

    2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

    3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

    I would highly appreciate the replies.


    Hi......Can any of the lawyers please shed some light on this?


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  • GlobalCitizen
    08-21 03:40 PM
    I have the similar situation, worrying about not getting receipt before expiration date. I called USCIS, the lady told me that as long as I filed before the expiration day, I'm okay to work. If someone else could call USCIS, get different people answer this question, and confirm this, that will be helpful.

    What number Would I call? 1-800-375-5283 is just messages

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  • roseball
    02-28 12:29 PM
    Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

    I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.

    WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
    WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

    But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

    Could this gap be a issue, That is why they are asking starting 12th April 2004?

    Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

    Please advice.


    You should be fine as the extension was filed in advance. Was your second H1 approved on 04/30/2004....That possibly could be one of the reasons it started on 04/30.....


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  • p_aluri
    08-03 06:55 PM
    Yep! There is a relation between 485 and H1-B extension after 6 years limit.If your AOS date is current, You only get one year increment else three years extension upon I-140 approval.

    Please contact an Attorney for clarification.

    I dont think the three year extension has anything to do with 485. If your 140 is approved you get 3 years if there is no visa number is available for you. No need to be U.

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  • dixie
    07-03 10:18 AM
    Can a Canadian Citizen work in the USA without a visa ? How easy is that ?
    NOPE. Canadian citizen can visit the USA without a visa.But to work, you need either a TN visa or plain old H1-B and go through the whole EB drama as usual.


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  • snathan
    03-28 12:21 PM
    In 2005 I was working at california and my employer was at NJ. I did my tax filing with a all state agent abd he filed taxes for just NJ and federal.
    Yesterday I got a notice from California that I have filed taxes using california address and didnot files state taxes for CA.
    and I need to proof that I filed the taxes that year or file the taxes.

    I went to HR block and prepared taxes for 2005 and mailed to them.

    Same thing was there when I filed for 2006 taxes, my consultant didnt filed the taxes for CA.
    So I prepared taxes for 2006 also and mailed to them. Both I mailed as a physical mail.

    Did any one had similar experiance or any issues?

    If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.

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  • bogy
    05-25 01:31 AM
    Hi Guys

    I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??

    Thanks! :)

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  • chandra_mb
    03-10 12:55 PM
    H1-B is all sponser based. You just can't go to USCIS and say that give my wife H1-B. You need an employer who is willing to hire her, show how much he is willing to pay and many more things. You say for a license she needs SSN, so there is your answer

    Nurses come under schedule A which is completely different
    Main point---

    Nurses is completely a different cap and category.

    Thanks for your reply, I do understand the process - sponsor-LCA etc..,
    I just want to know if a sponsor can apply for H1 Dentist for a canditate who does not have a dental license yet.
    Its hard to believe that a H4 cannot convert to H1 on a dentist job for the lack of SSN - I am sure there must be many people who passed/going through such situation (H4 to H1 dentist) - just looking for someone to share their experience.

    12-21 08:34 AM
    There is no limit on the amount of money that a person can bring in. However if a person is carrying $10 k (this includes cash, travellers check, bank draft etc) or >5k in cash then that has to be declared at customs and person should go through Red Channel.

    Are there any fees that has to be paid when the amount is declared? And is this for visitors only?

    07-30 02:02 PM
    USCIS updated today (07/30/07), the form 765 and instructions corresponding to 765

    go to, click on 'Immigration Forms' tab, search for '765' and open the EAD link, go to the bottom of this page. now they seperated instructions and form into two separate links. ( for instructions ) ( the actual form )

    I think they added details about 'where to file'.

    The information AditiK was refering on 9th page is now on 12th page.

    gcpradeep's interpretation is wrong. danila's interpretation is absolutely right.

    Its 30 days for asylum applicants and 90 for all other eligible applicats.

    It looks very clear that 485 filers CAN get interimEAD after 90days.

    Interim EAD.

    If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication


    within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995,

    you may obtain interim work authorizationby appearing in person at your local USCIS district office.You must bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization.

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