Sunday, June 12, 2011

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  • sweet_jungle
    10-05 11:08 PM
    My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....

    Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes

    I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
    Lawyer has suggested using 485 EAD once it comes.
    Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
    I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
    Let me know if you can some concrete info on this.





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  • greenguru
    03-04 06:57 PM
    Hi saratswain,
    Please can you send me the format of the letter. I am in the same boat as ur are in.

    Thanks, g





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  • dealsnet
    02-24 08:57 AM
    Easy way is let her go to India and stamp H-4 based on your approved H1 ASAP.
    All other process takes time. This will take less than 2 weeks.

    My wife didnot apply for green card yet. I have EAD and AP. Since dates are not current my wife couldnt apply for GC





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  • mhkumar
    07-21 11:36 AM
    Hello All,
    Employer A filed my I-140 and it was approved. They refused to provide me the approval notice but provided me the receipt#.
    Later I moved to company B. Now company B is starting my green card process.
    They said I can port my priority date If I have the I-140 approval notice.
    My questions are
    1) Is it possible to request USCIS a duplicate copy of my I-140 approval notice
    using either g-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?
    2) I don't know whether or not employer A revoked my I-140. Can I used it
    to port priority date even if my I-140 is revoked?

    Thanks in advance.



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  • unseenguy
    06-19 01:18 PM
    Hello Unseenguy,
    Thanks for the reply .
    I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
    This is the reason i applied for H1 from h4 as previously i was on H1B

    Yes but you can not work on H4, just after filing H1 papers. So what you do is, go to Chennai and get a stamp that should not be a problem.





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  • shahzaib616
    05-17 06:41 PM
    I have posted this in another thread within this forum, however because of the numerous amount of questions and answers posted on that thread, I fear that my post will be overlooked or unconsidered. Thus, I have reposted it as its own thread.
    Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
    For everyone else, please read below for my story/question.




    "Before I begin with my question, allow me to give you a brief overview of my case:
    In the year 2000, I initially filed for Labor Certification.
    In 2004, I received approval of my application for Employment Authorization (I-765).
    In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.

    Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
    My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

    I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
    I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
    Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.

    Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
    Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?

    Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
    Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)

    Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!

    Sincerely,
    Shahzaib"



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  • ras
    05-28 01:57 PM
    If the fee is reduced then it will have impact on the number of personnel that USCIS can employ which inturn delays the whole application process. So rather with the fee let the USCIS have enough personnel to dispose of the cases.

    And of course as mentioned above it is good idea that the attorneys take less fee so the burden is less on the applicant. And may be USCIS could simplify and come up with application procedures such that there is not much of an attorney intervention to comply with the law.





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  • jnraajan
    07-27 11:29 PM
    Since the last action is you came on L1, you can apply for change of status to change from L1b to H1. Once it is approved, you can go back to H1b.



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  • dhirajs98
    04-09 10:27 AM
    I have registered an LLC on wife's EAD. She is the sole owner of the company and working as a contractor for another company and getting salary on her company's name. Before she registered this company she never used her EAD. She is/was on H4 visa.

    What needs to be done to make sure she in on her EAD now and not on H4 anymore?

    How she can become an employee of her own company and get payed every 15 days.

    What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?

    Please advise.





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  • indyanguy
    01-29 07:53 AM
    Yes, the employer does have several EB2 positions. I am not sure which one to apply for given my EB3 with the same employer and other factors mentioned earlier

    Any answers on my individual questions are really appreciated. Thanks in advance.



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  • imh1b
    07-29 02:38 PM
    Please READ EB2/EB3 Prediction rather Calculation thread.
    Q on his first post has explained it so clearly what might happen.

    The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.





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  • ronhira
    10-05 03:08 PM
    not bad..... not bad at all....

    when u want to make any change anywhere...... the most difficult bunch of people will be u r own.... they will be the most difficult to convince..... and no matter what you do.... u r own kind will be the first to fault u...... if you can deal with it...... if you can see beyond that..... u'll find u r work is much easier that u imagined......



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  • kerstbrd
    03-19 03:03 PM
    maybe they denied the I-140 without updating the website.





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  • Janisaris
    10-30 04:37 PM
    Please call
    1-800-375-5283 options 1-2-2-6-2-2-1.

    Dial the extensions in sequence with a gap of 2 seconds...

    Good Luck !!

    Did you receive them from NSC (LIN?) . Where did you get your I140 approved?



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  • arunsush
    07-24 04:14 PM
    My I 140 was rejected in April 2007 because USCIS thought that my company couldnt show the ability to pay. My PD was 2003 August.
    My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
    I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.

    I need help from the GURUs here. Is the above possible?
    My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.

    Please help me out. I need to act soon on this.
    Many thanks in Advance.......


    Your attorney is correct. Make sure your approved labor is not more than 180 days old. Starting 16th July the validity of labor expires beyond 180 days.





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  • jayleno
    08-28 11:48 AM
    Be doubly sure that this is a standard response for SR or otherwise from USCIS. Customer service says the same. Sometimes infopass too.



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  • InTheMoment
    02-20 04:05 PM
    va_il,

    You said you gave it on Thu and picked up on Fri. Wondering if they assured that it would be ready for a pickup on Fri at the DC embassy ?

    If that is the case maybe I'll just land up there instead of mailing it.





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  • lostinbeta
    09-06 10:28 PM
    Eh, I actually have to say I liked it better the last time.





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  • pbojja
    04-22 05:39 PM
    ND at TSC 09-14-2008

    is it suppose to be 09-14-2007 ?





    vikki76
    04-15 09:19 PM
    I agree to every comment made about Cathay /Singopore Airlines- but what are people's experiences with Emirates?





    ram006
    07-19 07:56 AM
    Thank you all for reply. I'm refiling my wife's 485 today, fingers crossed! Will update the forum as I get any info from USCIS.



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