Tuesday, June 14, 2011

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  • lj_rr
    07-28 07:05 PM
    I efiled in 2nd week of July and got approved in 8 calendar days.Already got the notices by mail.

    We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
    Thanks in advance

    -Krishna





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  • ragz4u
    04-13 06:06 PM
    Thanks





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  • piyu7444
    07-22 05:28 PM
    Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.

    Hope this helps!

    I probably know this works the way you have stated but do we have any references to legal document? rule? etc......

    Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.

    Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.





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  • Googler
    02-08 02:50 PM
    http://www.ilw.com/immigdaily/news/2008,0208-namecheck.pdf

    Rama, you are a bit late to the party -- the first post in this thread is a follow up to a post in a whole thread on the new name check policy -- see
    http://immigrationvoice.org/forum/showthread.php?t=17146



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  • drona
    07-09 11:52 PM
    Arun on behalf of all IV members, please join nixstor! Check out USCIS address in Google Maps. Please take any one else with you who is willing to go. Nixstor said he would be there 10am to 1pm.

    Thank you!





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  • snathan
    07-20 08:01 PM
    Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.

    Dont give misleading information. If you are in H1B for three years without pay stub, its a serious issue.



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  • meridiani.planum
    10-19 08:46 PM
    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

    if you go back to your home country without a job, and you get an RFE for an employment verification letter, how are you going to respond to that?
    Also note that earlier most RFEs had a response time of 12 weeks, starting from a few months ago the IO has the discretion to choose the response time. So for something like an EVL (which he would assume you can provide within a few days) you might only have a response time of 4 weeks... Also, its not necesasry that you get the RFE only when your PD is current, USCIS is continuing to process cases, and you can get an RFE even if your date is not current...

    As some posters have mentioned, travel on AP has also troublesome for some people. No one that I know of has been denied entry, but IOs at some port-of-entries have insisted that travel on AP should be only for emergencies. Again, its just harassment due to unclear policies, no one that I know of has been denied entry.





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  • Legal_In_A_Limbo
    01-15 10:11 AM
    Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.

    My husband had only signed the offer letter, which did not talk about any employement contracts. There was a condition to pay some money if i left compnay before 1 year, which is not valid anymore for him.

    So what you suggest what should be my bext step.



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  • logiclife
    06-20 01:58 PM
    UPON MORE INFO, I HAVE FOUND OUT THAT YOU NEED EMPLOYER'S LETTER AS INITIAL EVIDENCE, SORRY FOR THE MISUNDERSTANDING.





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  • GCInThisLife
    07-18 01:46 PM
    I485 gets processed in the order of 485 RD. If cut-off dates are 'current' PD does not matter. However, if the dates are retrogressed, visa numbers would be allocated for all pre-adjucated (screening, security checks etc are completed) in the order of Priority Date so PD does matter and in fact cut-off dates would be determined based on available visas and number of pre-adjucated (already filed) cases.


    Thanks for the replies. Since all the dates are current under the July bulletin, how are the 485s processed ?

    1) Order of priority dates and EBs?
    2) Order of the date on which the 485 applications were received?



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  • srinivas72
    02-03 09:53 AM
    Some please respond about my status...





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  • HumHongeKamiyab
    12-17 08:29 AM
    If I cant find any (recommended lawyer) within Houston, I will go to him. But does he practice employment law? His website says " The practice is focused exclusively on immigration and naturalization law". I am looking for a lawyer to discus my non-compete clause.

    Appreciate your response. Thank you so much.

    He is based in Dallas,TX. he provided excellant service to me in my tough journey.
    www.naidoolaw.com



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  • Bogdan
    10-22 01:02 PM
    Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.

    Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?

    I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.

    Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.

    Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.





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  • Nabeel
    01-29 10:42 AM
    TSC Update - January 2010

    The Texas Service Center (TSC) provided updated information on their caseload and other important matters in a meeting with the American Immigration Lawyers Association (AILA) liaison. The responses to questions, posed to TSC several months earlier, were released in late January 2010

    The TSC reports that most of their pending I-485s have been pre-adjudicated. This means that the I-485 application has been reviewed and is simply awaiting availability of an immigrant visa number. These applications may have received requests for evidence (RFEs) if they required any documents or updated information for the pre-adjudication process

    EAD and AP Processing Time within 60 Days
    TSC reports a goal of adjudicating advance parole (AP) and employment authorization document (EAD) requests within 50 to 55 days. It notes there was a period during which EAD processing was slowed, and 15-20 percent of the cases were not adjudicated in 90 days. TSC states that this has been addressed, and it is expected that processing goals will be met or exceeded.

    Source- Murthy.com



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  • FinalGC
    03-24 10:37 AM
    This is illegal, unless you agreed with your employer prior to joining them. They should have negotiated this prior to joining them. All H1 fees will need to be paid by employer.

    Work with your employer, dont get angry....Talk and reason with them, however if they insist you to sign, I would get rid of (3) and (4), since it does not make sense.





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  • va_dude
    05-07 04:05 PM
    Yes i did see a LUD on the uscis website for my 485 a couple of weeks back.

    So i guess the LUD stuff still works irrespective of the "chimps" using "champs".



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  • bkarnik
    04-13 04:30 PM
    We will be sending out an email to all of you very soon. Hopefully we can have a conference call maybe this weekend to go over what we are trying to achieve with the help of volunteers

    Any update for this weekend?





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  • hoolahoous
    04-07 10:57 PM
    I depends on you, how much risk you want to take ... I can tell what happened with me ....

    Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.

    I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself

    sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer





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  • mrcmic
    07-24 06:38 PM
    I am in the same boat with you.
    485 package was delivered by UPS on NSC and the tracking number shows it delivered on the morning of June 08.
    However, until this moment there is still no receipts annd check is not cashed.
    As Canadian_Dream suggest, we just have to wait a little more time and if still no result, I will submit another copy for the application.





    abdulazeez77
    08-11 11:23 AM
    Thank you so much. Really appreciate the help.





    InTheMoment
    03-23 03:40 PM
    You can give your OPT A# but once you're assigned a permanent visa number, they'll give you a different number. Your OPT A# is just a temporary number.

    I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.

    A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.

    USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.

    Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.



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