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  • liberty
    05-07 10:28 AM
    Currently I am in EAD, i-485 filed in July 2007 (EB3 ) and Pending. I have changed job. I would like to know the latest rules. Is it necessary to file AC21 in my case? If yes, please let me know which form I should use.





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  • sreedhar
    02-25 01:25 PM
    Thanks for sending the information..and one more thing is there any road test?

    Just ask yourself some questions & read some IMP information before apply for DL in USA.

    1) You said you have International DL.

    Do you know the driving…?
    How confident are you in driving…?

    Apologies for asking this question to you. Because one of my friend’s family had a bad experience with International DL. My friend wife brought International DL and went to DMV in Colorado and the Colorado state people issue the DL without having Road Test. They just took Paper Test. But she doesn’t know how to drive the car. And when she learn driving in Wal-Mart parking lot she met with the accident (Thank god no human effected in that accident. just $2000 for repairs)

    2) Are you willing to spend at least 3 hours driving classes from Driving School…?
    Better to spend some $$$ on Driving school, Even you are perfect in driving in your country.

    3) Are you looking for MVA who do not offer Road Test on International DL…?

    Do not consider the people advices like “Go there…MVA people kind of liberal in some Driving mistakes”. You know…DL is not a Green Card or some immigration benefit that you should get it immediately. You should at least 99.99% perfect in driving particularly in Highway in USA. Otherwise you and other people will be in big jeopardy while you drive the car.

    Hope this gives you a better picture on DL in USA.

    ~Sree





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  • kk_2000
    11-06 08:54 PM
    Hi,

    We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".

    Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".

    Can you please share your experience?

    Thanks,
    KK





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  • laborchic
    01-20 02:33 PM
    Superb new look... IV gets a facelift along with the nation..
    :)



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  • new_horizon
    08-03 04:27 PM
    I received the same reply from Sen Debbie Stabenaw's office. I agree that they have a standard reply to all such questions. Really bad.





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  • logiclife
    12-16 04:46 PM
    Department of State, Bureau of Immigration statistics will have that information publicly available to all who want it.

    You dont need FOIA to do that.



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  • desigc
    01-08 04:57 PM
    Thanks Pointlesswait

    I have about 3 months left on H1b. From your post, it seems that I shud file for extension ASAP and if layoff happens...transfer H1..

    Did I interpret you correctly?




    When you apply for H1 transfer..they transfer the current H1.

    If you have more than 6 months on ur H1 you cannot apply for extension..
    when you file for transfer.

    So better option would be:
    a.) Transfer H1...and then file for extension.
    b.) Or file for extension and then change jobs...

    if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.

    hope this helps





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  • gbof
    02-24 01:42 PM
    He has a great array of batting records...

    Some I can think of are..

    Second highest number of ODIs ( 2 more to equal S.Jayasuria)
    Second highest number of tests ( 2 more to equal S.Waugh)
    Most runs in ODIs, Tests.
    Highest individual score in ODI.
    Most number of centuries in ODI, Tests
    Most number of 50s in ODIs.

    The amazing thing is he still has the drive and enthusiasm to play at the highest level. And play really well!

    Congratulations, Sachin!

    One more thing, He CARRIED THE BAT through...congrats



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  • waitingonlc
    02-13 03:50 PM
    Immigration plan looms in Congress
    By Michelle Mittelstadt
    The Dallas Morning News, February 12, 2006
    http://www.dallasnews.com/sharedcontent/dws/news/nation/stories/DN-immigdog_12nat.ART0.State.Edition1.3eb24c4.html

    Washington -- As mid-term congressional elections draw closer, the window for action in Congress on a complex � and controversial � immigration package grows ever smaller.

    Mindful of that, Senate Majority Leader Bill Frist has told Senate leaders that they must deliver a bill to the floor by March 27, an ambitious deadline for legislation that has yet to be written in committee.

    A bigger hurdle looms: Reconciling sure-to-be competing visions from the House and Senate.

    'Immigration is one of the most controversial issues in American society,' said Stephen Yale-Loehr, who teaches immigration law at Cornell University. 'We all like individual immigrants who live near us and work with us, but we don't like illegal immigration as a whole. And trying to put together a package that will accommodate everyone's interest is very tough, indeed.'

    The topic is fraught with economic, national security, social, diplomatic and political implications.

    Each year, hundreds of thousands of immigrants enter the U.S. illegally, swelling a population now estimated to exceed 11 million. The Southwest border is in crisis in places, overrun by illegal immigration and drug traffickers. There is also the threat that the porous border could serve as a gateway for terrorists. And the legal immigration system is beset by backlogs, problems and rules that vex employers and keep millions of people awaiting approval for green cards to join relatives already here.

    The test for Congress is what to emphasize: enforcement, immigration liberalization or some combination of the two?

    Choosing a direction

    The House took the first crack at the question, passing a stringent enforcement-only bill that would fence more than a third of the 1,952-mile Southwest border, increase fines for employers who hire illegal immigrants, and make it a crime (instead of a civil penalty) to be in the country illegally. The legislation was silent on President Bush's call for a guest worker program that would grant visas for up to six years to millions of undocumented workers.

    The debate now shifts to the Senate, which appears inclined to marry enhanced border security with a temporary worker program.

    But the Senate's solution, particularly if it includes a pathway to legal permanent residence, is sure to set up a collision with the House, where national security hawks have dominated the debate.

    'The big question becomes: Is it even possible for the two houses to reconcile their bills,' said Steven Camarota, research director for the Center for Immigration Studies, which favors reduced immigration. 'If it's not done by May, I can't see it getting done.'

    The divisions may be too pronounced for Congress to act this year, Mr. Yale-Loehr said.

    As the elections near, politicians will become increasingly skittish of taking up an issue that could anger Hispanic and conservative voters alike while also inflaming constituencies as diverse as big business and labor.

    In some ways, it's no surprise that politicians are lurching in radically different directions, with one faction pushing get-tough prescriptions such as ending automatic citizenship to those born here of illegal immigrant parents, while another camp presses to legalize illegal immigrants and permit a stream of newcomers.

    Public divided

    The public is deeply conflicted.

    Polls consistently show that Americans are troubled by illegal immigration and the federal government's failure to enforce the law. But those same polls also detect sympathy for illegal immigrants who work and pay taxes as they scrabble for a piece of the American dream.

    A new Time/SRBI poll offered one snapshot of the public's ambivalence. Though 63 percent of respondents described illegal immigration as a very serious or extremely serious problem and 57 percent endorsed taking 'whatever steps are necessary' to halt migrant crossings, 73 percent favored granting temporary work visas to illegal immigrants already here.

    So, how do policymakers thread the needle?

    'That's the $64 million question,' said Migration Policy Institute senior fellow Doris Meissner, who headed the Immigration and Naturalization Service during the Clinton administration.

    'We definitely have to do something, and sooner than later,' she said. 'But I think that it's really important that this issue and this debate develops and evolves, because if we were to go ahead and enact what's now been passed by the House, it would be a terrible disservice.'

    She, like others critical of the House's enforcement-only approach, contends that any immigration law rewrite must resolve the status of illegal immigrants and provide an outlet for future migrants drawn by jobs or the desire to be reunited with family.

    'Enforcement-only is not going to work,' said Angelo Amador, head of immigration policy for the U.S. Chamber of Commerce.

    The chamber is loosely allied with immigrant-rights groups, religious organizations, labor unions and others who have rallied around a plan by Sens. John McCain, R-Ariz., and Edward Kennedy, D-Mass., that tandems some tougher enforcement with a guest worker plan that would provide a path to legal permanent residence.

    But supporters of the House approach say enforcement must be dealt with first, both at the border and within the country, and by implementing a mandatory employer verification system to check the legal status of would-be hires.

    'A guest worker program would be an absolute disaster with our current enforcement because, of course, it wouldn't be a guest worker program if we can't make them go home,' said Rosemary Jenks, director of government relations for Numbers USA, a group seeking reduced immigration.

    Pollster Sergio Bendixen said that the policy debate has been skewed by the 'echo chamber' of radio talk shows and cable TV programs that fixate on immigration's negatives rather than looking at the whole picture.

    'It has become an emotional issue with emotional buzzwords, and there's very little rationality in the debate,' Mr. Bendixen said. 'Unfortunately, we are close to making it impossible on people who have to get elected' to deal with the issue.





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  • bekugc
    03-04 04:46 PM
    hello;

    Here are my details.

    1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
    2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
    3. became eligible for ac21 in jan 2008
    4. so far not yet used AP or ead

    the qn is -->

    1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
    2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
    3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
    4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.

    can you give ur opinion regd the above qns? thanks



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  • gcfriend65
    12-06 09:27 AM
    I have my I-140 waiting at NSC from May 01, 2006. On Dec. 05, 2006, I-140 processing time shows as June 01, 2006. Since, it was more than 30 days, my employer called the National Service Center number and they opened a service request and told me to wait 45 days. My lawyer says that USCIS takes 45 days at a minimum to reply, but normally it is 90 days.

    Is there anyone out there, who know how to track this service requests or have any experiences with them.





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  • desi3933
    06-13 08:22 AM
    PD is always LC filing date.
    Incorrect. It is not always.
    In most cases, LC filing date is the Priority Date.
    A Priority Date is the date that a Labor Certification is filed with the State Workforce Commission or the date that an immigration petition (I-140/I-130) is filed, whichever comes first.

    He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140.
    Incorrect.
    There is risk involved if the old I-140 is revoked or canceled. Please check with your lawyer/attorney.

    There might be a little risk if the old one he got was a substituted one.

    .



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  • sundeep14
    03-04 11:55 AM
    Ok..is there a way to check if your name check has been cleared...i tried callin USCIS and the customer rep doesnt seem to have a clue..





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  • aksaharan
    08-07 08:18 PM
    > Immigrants from ROW (Rest Of World) seem to be immune from it
    Certainly not true for EB3



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  • Prashanthi
    08-27 03:29 PM
    [.....Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this. ...]

    My H1B visa may be getting expired Sep4th....but her old H4 approval is valid until 2011.
    Is she safe even my visa (H1B) expired on 4th Sept.
    If I apply F1 (Student Visa) now...it will take another 45 days to get F1 approval from INS.
    So....what happens to her status? Is she valid to stay until she gets F1 approval notice?

    ~Thanks in advance

    You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room.





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  • martinvisalaw
    10-22 01:50 PM
    I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?

    yes

    Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India? [

    Your wife will be applying for a new H-4 visa, but it's not called a COS. That just applies when a person applies to change status while remaining in the US.

    I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.

    Either is OK. Once you have H-1B status it doesn't matter that you don't have a valid H-1B visa



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  • siddar
    06-30 11:05 AM
    Irrepsective of whether the new H1 is approved / rejected, you can always work for the Employer A, if the H1 is still valid.

    If you use EAD, then your status would be "Adjustment of status" and if you use H1B, then your status is H1B. A person can be in one status, only one status, at any point of time while staying in the country.

    I'm not a lawyer, please consult a lawyer for immigration matters.





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  • GTGC
    02-07 04:47 PM
    A few days ago there was a soft LUD on my spouses and my I485 applications. I am the primary applicant and I also had a LUD on my I140(approved in 2006).

    Then a couple of days later the message changed for my spouse and we recieved a physical notice in the mail from USCIS. The notice stated that-
    Only my spouses I 485 application was transferred from TSC to NSC. The reason for transfer of the application was "faster processing".

    Has anyone had this experience where the derivative application was sent to another service center but the Primary application remained in the original center.

    My lawyer says this is normal processing.





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  • StarSun
    01-31 11:48 AM
    IV Members,

    Immigration Voice conducts a one hour free conference calls with attorneys for the benefit of IV members only. This opportunity is provided on the first 3 Thursdays of each month.

    Ist Thursday of the month - 7 pm est with Raj Iyer from Carl Shusterman Law office
    2nd Thursday of the month - 7 pm est with Ari Sauer and Greg Siskind from Visalaw
    3rd Thursday of the month - 9 pm est with Prashanthi Reddy from Reddyesq

    Members can send their questions to ivcoordinator@gmail.com. Members need to be present in the call for the question to be asked and answered. For call information, please visit the Members Forum (http://immigrationvoice.org/forum/forum14-members-forum/) or refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts"

    Previously recorded conference calls can be found here - IV WIki: Free Attorney Conference Calls - Recorded (http://immigrationvoice.org/wiki/index.php/Lawyer_Conference_calls)





    jonty_11
    02-05 02:42 PM
    Yedy - I would appreciate that you let a healthy discussion take place on these forums rather than posting wrong information and shunning out people. The community is here to help and there may be many in similar situations. I am talking to a lawyer even before you preached it. This is a forum to get second opinions and real life examples. I am sure no one here (including you) takes the advice from these forums literally and implements it





    ssdtm
    05-07 08:06 PM
    If your original 140, on the basis of which you filed 485, gets revoked you are in trouble. You may get denial notice that you will have to contest. Needless to say, you have a good ground if you can prove it that job change was in synch with norms / rules laid out in AC21.

    But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.

    ......this is based on consultation from top lawyers.



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