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  • WeShallOvercome
    07-19 04:13 PM
    On the first page of 485, my employer put his address.

    So I am guessing the 485 receipt will go to him even without any G-28.

    EAD and AP will directly come to you anyway.

    ah man!

    That is possible. Since they don't need your signatures on each and every page of I-485, they can do that without your knowledge and have USCIS send all communication to them...





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  • JunRN
    08-26 06:02 PM
    Just thinking, is approval of EAD also meant that I-485 is accepted?





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  • saro28
    12-10 06:44 PM
    Congrats! I tried the same like you, so far INS didn't respond.

    My PD 12/2001 - EB3
    My wife's PD 12/204 -EB2

    Filed cased independently back in 2007 (pre & post july fiasco). In september lawyer sent
    a letter to INS with marriage certificate to adjudicate both the cases together. By september end INS promptly approved my wife's GC. When I spoke to INS over phone, they mentioned the letter is of no use, since my wife's case is approved.:confused:

    Any suggestions how to proceed. Out of job now, moving on to EAD from H1 after 10 years!





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  • breddy2000
    01-06 10:14 AM
    Can anyone pls respond to my situation. Thanks...


    Today I received RFE for my H1 Extension.

    I received only one RFE which is obtaining contract documents from the chain .

    Here is my situation.

    I work for Client A for whom Company B does the project work. I was contracted through Company C who is the prime vendor for Company B.

    Here is the chain.. My Company --> Company C --> Company B --> Client A.

    RFE states that my company need to provide contract documents within the entire chain which is highly unlikely they can obtain.

    Company B and Company C can only provide letters to affirm that that I work for Client A. Will this be enough or does it need to be only a Contract document?

    Below are my questions
    ==================
    1.) My company says that they have PO from Company C which provides details about the entire chain. Will this be enough to answer the RFE?

    2.) Does withdrawing H1 extension cause any problems ? I can invoke EAD

    3.)Also Company B is willing to take me fulltime, so essentially if I abaondon H1 extension and join Company B , will this help or cause any more problems?

    Thanks and appreciate your response.



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  • abhijitp
    07-06 12:54 AM
    This thread is getting lost.. Lets keep this thread on top.

    When you send this message please make sure you put your complete name, address, email and phone number at the bottom.. If you don't how come somebody can get in touch with us...
    I agree. This is one of the easiest things we can do right now. Yes, I mentioned by name, address (along with apartment number), phone number. I did not mention my email address, as it is visible in the "from" field of the email.

    However, I was thinking about this approach later. I thought it would be MUCH more effective if we could get others to write to the media/ congressmen/ senators etc... including people who already have GCs and citizenships. The more people convey their resentment to this DOS/ USCIS decision, the more effective it is.

    Also, we should preferably also write letters... not just emails.

    Emails is a somewhat frowned upon medium, as it is easy to abuse. Also, it is easier to simply delete an email thinking of it as spam... that is, if the email is not already blocked/classified as "spam" by the recepient's email software. (e.g. My yahoo mailbox gets tens of spam emails everyday and they are moved automatically to the spam folder.) On the other hand, it is not equally easy to ignore 1000 "letters" on the subject (preferably signed personally, but even otherwise).

    But how can we get others to write letters for us?

    Obviously no one will do that... but what if, I "write up" an appeal into a word doc, and email it to my friends, relatives, and colleagues in the USA who are either in the same boat (but not part of IV), or already hold GCs, or are citizens. I would explain our situation very briefly in the email... maybe with 5 bullet points. I would request that if they think what happened is wrong, the they may please write their full name & address + phone num in the space provided in the word doc, and send the document back to me by email. I print these documents and package them up and "post" (snail mail) them to the congressmen/senators and the media.

    I am not suggesting I would stop writing "emails to media contacts" (or calling up/ meeting our senators). This will be in addition to that effort.

    Let me know if you guys think this approach is useful... and please... if you disagree... just take it easy... don't blast me for just sharing my thoughts.

    Thanks!





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  • panky72
    08-13 05:52 PM
    I wanted to get an idea how many EB2 guys would be willing to visit DC to meet lawmakers to help out our EB3 brothers. Unquestionably all EB3 should be willing to visit. This is the chance to show that IV is indeed one.

    Refering to this thread

    http://immigrationvoice.org/forum/showthread.php?t=20858

    I am EB-2 but I would come to help EB-3 brothers because I am sick of broken immigration system.



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  • add78
    03-18 04:54 PM
    So does that mean that if one's I-485 is rejected (Has no luck with MTR either) -
    Then he cannot continue after his current H1-B expires (After 0 to 3 years)?
    Going back to his home country is the only option?

    That is correct unless you have other grounds for new H1b petition (highly unlikely at this point in one's stage) - Per Yates as well as Neufeld memo,

    If at any time before or after the filing of the single (combined) extension request a final decision is made on the above-stated grounds, the beneficiary of the extension request will not be entitled to an extension beyond the time remaining on his or her 6-year maximum stay unless another basis for exceeding the maximum applies.





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  • sanz
    07-09 04:49 PM
    It already, the new date for EB2I was March 07 and everyone was congratulating Q for his predictions!!! And then..........I woke up :)....and back to this crap :)

    4 a moment i thought it was true.....



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  • desi485
    11-07 03:36 PM
    Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
    However, having an official AC21 process would be good.

    minimalist, thanks for sharing your views. As I said, I am a layman and do not know all the details. appreciate your input.

    In this case, once an official request for AC21 is filed, CIS can release that particular employer from all liabilities for this 'AC21ed' 140. Since new employer is not required to show any financial statement (in case of EAD), this may be a good option.





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  • Canadian_Dream
    07-13 01:56 PM
    Regardless of what your employer is doing on your behalf, you should be proactive and take appointments with law makers. You should be prepared to show that you didn't do anything wrong and now you are going through personal hardships because of this delay. Since you are willing to provide all the paper works to USCIS they should have no reason to delay adjudication. You should emphasize the fact the your application is subjected to undue delay for no fault of yours.

    According to my employer, he is going to the Senators office tomorrow to talk to them regarding my case. Got an appointment some time this week to see them on Friday. I dont know how far this is true. They already wrote a letter to them 2 weeks back. This is what my employer says. But I dont know whether he actually contacted them or not. He said he will give me further info on monday. I have to wait and see what he comes up with ( truth or some other new story) on Monday. Then I might decide to move on to a diff employer if nothing works out.



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  • ebizash
    02-08 12:44 PM
    Disclaimer - This is only based on my knowledge gathered from different forums so take it as its worth.

    Depending on the timing of your return, you will get 2 or 3 years of RNOR (Returning non ordinary resident or something?). The RNOR status makes your overseas income non-taxable in India. So you can withdraw your 401K in those 3 years and pay less or no tax in US and no tax in India (on 401K withdraw). You will still have to pay a 10% penalty. This will ofcourse only work if you have low balance in 401K.

    So for example, if you have a $30K in your 401K, you can withdraw $10K every year for 3 years, pay a $1K in penalty and avoid US taxes (due to exemption limits) as well as Indian taxes (due to RNOR status). But if you have a large 401K balance like 100K or something, there is no way to avoid taxes.

    Hope this helps!





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  • WeShallOvercome
    08-24 03:49 PM
    Thanks for your reply "WeShallOvercome", The question which you answered is on top of my head from so many days, I asked some many people and they are not sure, Thanks your help

    One more question is right now my wife is on H4, My I140 and 485 are in pending, if my wife got EAD she can use it right?
    2) If my I140 denied and her EAD become Void, Is she permitted to stay in USA or She needs to go out of country and enter with h4 status?

    Thanks
    Ajay

    I do know that you guys will be safe on your H1 and H4 status. I do not know for sure if she needs to go out of the country and re-enter on H4..I've heard something like that before though..



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  • Hermione
    10-02 04:09 PM
    That's correct, employer cannot withdraw I-140 after I-485 has been pending for 180 days. Also, even if I-140 is not approved after 180 days, it can be ported to a different employer, provided that the original I-140 was approvable. Ability to pay in that case is determined based on the original company's ability to pay.

    pro, 1) you must have a job offer in hand in the same or similar postion for your green card to be approved (this is why it is called employement based category) 2) AC21, which can be invoked any time after your I-485 has been pending for more than 180 days, changes the sponsoring employer on your green card. You may actually work for any employer in the meantime, provided, you have proper authorization.





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  • gcnirvana
    05-17 06:17 PM
    Thanks for the link. I looked at it before I posted my case but I don't think it was a mistake by the customs officer. He specifically told me that he cannot stamp the date of the future I-797's expiry date (Jun 2010) and asked me to contact my local office just before the current visa expires. My current one expires June 04 2007. The future 797 is valid from June 05 2007 till June 04 2010. But my visa stamping in the passport is till June 04 2010.

    Search the forum:
    http://immigrationvoice.org/forum/showthread.php?t=2541



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  • loudobbs
    08-23 05:37 PM
    I guess you can either come back or reschedule you FP appt...


    My wife plans for a vacation for 4 months. Should we wait for FP, complete the process and then go or we can do it later. How much time do we have after we get our FP notice.

    filed on 16th july no receipts yet.

    thanks





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  • pappu
    07-05 01:57 PM
    Make sure to put your name, address and phone number in your mails. Only illegals are anonymous and can live in shadows. Legal immigrants need to feel proud of being legal in the country and following all the laws. Only then this campaign will work and give an opportunity for media and lawmakers to contact us.



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  • potatoeater
    05-27 09:47 PM
    Sorry guys I am not the brightest bulb on the tree so I kinda missed the joke here. Are you saying that USCIS is giving away TVs and we should all watch TV instead of waiting for GC? Or are you suggesting that we should start selling tv to get gc?

    If you clarify whether the TVs are color or black-and-white may be I will get the point?
    :confused::confused::confused:





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  • solaris27
    10-19 08:50 AM
    it means its a long wait





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  • marty
    03-16 06:32 PM
    "One additional reason for making sure that you have a valid EAD at all times is so that you can claim unemployment benefits in the event you lose your job. H nonimmigrants do not qualify for unemployment insurance. If you have an EAD, however, and can be referred out for job interviews, you do qualify for UI, even if you don't yet have your green card."

    The above is quite interesting. I saw people who were laid off and had question about applying for UI if they are on EAD and this answer explains it really well.





    vactorboy29
    02-19 06:04 PM
    Go through forum there are some links ..





    Jeff Wheeler
    03-18 03:00 PM
    What do you think it implies? I think what makes it so interesting is the fact that its a little controversial and actually makes you think.

    Not sure I can really go into it without breaking the rules of this forum.



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