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  • prinive
    07-17 06:52 PM
    Nop

    Another silly question.

    Do I file again? My packet reached USCIS on July 2nd. It was not returned.





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  • americandesi
    08-11 03:44 PM
    I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let’s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?





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  • StuckInTheMuck
    07-15 02:14 PM
    H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
    This is correct. Status changes from H4 to AOS the moment one starts working on EAD.





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  • geevikram
    11-25 01:09 PM
    It is still worth fighting for..I will make it to DC.



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  • RayP
    12-07 11:14 PM
    I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.

    Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!





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  • chanduv23
    08-07 08:04 AM
    Please visit http://iv-tristate.blogspot.com

    Please make it to this event



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  • aau
    07-30 01:30 PM
    :confused:
    We need much more info to help out.

    1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.

    2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.

    ..............?


    Hi all,
    One of my friend is separated (not divorced) from her husband.
    can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
    She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution





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  • Devils_Advocate
    03-12 10:36 PM
    Congrats !, please do continue to contribute some of your time and effort to this site, your experience can help others still stuck in their misery



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  • sobers
    05-26 08:40 AM
    QGA & IV: thank you from the bottom of my heart! you guys rock. There ought to be some fairness in the process of immigration reform...one that does not penalize legal immigrants...you guys have shown that it can be done.





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  • Dhundhun
    06-19 12:42 AM
    Folks,
    I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(

    Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.

    Any pointers would be really appreciated.

    Thank You

    -Bipin

    You must be having A# on previous EAD - that is required. I filed for my wife and forgot to send copy of I-485. There was no RFE and we got EAD. Refer to http://immigrationvoice.org/forum/showthread.php?t=18737.



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  • solaris27
    02-11 09:07 AM
    In this forum you will not find a lot of peoples who won lottery .

    but is my personal openion that you can't use your lottery case priority date for your eb3 case?





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  • chi_shark
    07-16 10:55 AM
    now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

    willIWill, can you please post the exact wording on your RFE regarding that point?

    Hi Friends,

    I received an RFE last week. There were 3 points in the RFE.

    The first point in the RFE says,

    Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.

    Second Point and Third point are respectively

    Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)

    Employment verification letter stating the offer still stands as per EB visa petition.

    A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.

    My question is concerning the first point.

    Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?

    Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?

    Appreciate your suggestions

    Thanks in advance.



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  • seahawks
    08-09 09:24 AM
    Hello,

    I did not see any posts regarding "1 year H1 extension approval when filed for 3 years". If this discussion is already in place, please point me to appropriate thread so that I could close this one.

    I applied for 3 years H1 extension on 6/26/2007 with approved I-140. My priority date (EB3 -Sep 2003) was not current on 6/26/2007 when I applied for 3 year extension. I got an approval notice today which is valid for only one year. I want to know if this is an error from USCIS so that I could ask to ammend 2 more years.

    Thanks!

    unfortunately I missed the bus, we send all document May 29th and it reached USCIS CA on 30th, my pd was current for June bulletin and was approved 1 year extensions. I should have waited until Aug to file extensions, this is my 4th H1/H4 extension:( in 4 years.





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  • meridiani.planum
    07-30 06:24 AM
    I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.

    I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.

    What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:

    1. Use the special E3 work visa for Australian citizens.
    2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.

    If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.



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  • nhfirefighter13
    June 4th, 2004, 02:16 PM
    I hope you don't mind but with about 20 minutes in photoshop...

    :D





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  • renupond
    10-09 04:35 PM
    If 1099 is not acceptable with client, what is the the easiest way to go forward, assuming no intent of other employees?

    I think LLC is the only option ( if I dont want to go towards C-Cop ). How long does it take to set that up? What setps? What are the expenses involved other than one time registration fee?



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  • jettu77
    03-12 10:22 AM
    Congratulations!





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  • neeidd
    08-06 12:20 PM
    My husband and I are July 2 Neb transfer to TX and we got approval email on 8/1. PD is 2005 Dec.
    Does your receipt number starts with SRC#? I don't see any non SRC# approvals so far at TSC. Please share your PD also.

    Thanks





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  • arunmohan
    11-15 03:15 PM
    bump





    greencard_fever
    01-14 01:43 PM
    Enjoy the freedom..congrats!!





    realist
    11-19 02:10 PM
    Were none of the people who tried from May of this year on this thread unsuccessful in getting their sibling here? Please help



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