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  • EB3_SEP04
    06-30 09:51 AM
    Quetion 11 on the EAD form 765 asks:
    Have you ever before applied for EAD from USCIS: Yes
    "Which USCIS Office?" : ??????????????

    how can i find out which USCIS office my prev (first) EAD application was sent to? I'm a July filer, when i applied for 485 and EAD i lived in NJ and my employer was in NJ as well. The receipt notice of EAD application came from California Service Center. and there is nothing on the EAD card about which office it was approved by. The 485/EAD/AP all was filed by my employer's attorney, they will not respond to my questions anymore. i don't think i have copy of the EAD application send last year july. Anybody got older version of I-765, older than "7/30/07" edition?

    What to write? folks, please respond ASAP, i plan to file on Monday(6/30) morning.

    Thanks in advance!

    Folks please share your opinion/experience about "WHICH USCIS OFFICE" the last EAD application was filed to if you lived and worked in NJ. Thanks!




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  • eborbust
    07-01 09:19 AM
    To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.

    I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.

    Search Results - THOMAS (Library of Congress)

    S.2611
    Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)

    SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.

    (a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.

    (b) Adjustment of Status-

    (1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:

    `SEC. 245B. ACCESS TO EARNED ADJUSTMENT.

    `(a) Adjustment of Status-

    `(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:

    `(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.

    `(B) CONTINUOUS PHYSICAL PRESENCE-

    `(i) IN GENERAL- The alien shall establish that the alien--

    `(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;

    `(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and

    `(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
    ................

    Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.

    We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...




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  • javadeveloper
    05-26 05:23 PM
    Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

    I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

    So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

    How ever, I need to make this is false. Still I dont agree this logic.

    Do you have any link/url?




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  • logiclife
    01-26 04:21 PM
    Also mention the points mentioned here by myself and Walden Pond. These are the apprehensions that many desis and chinese H1Bs have about raising their voice.

    There is nothing unethical or illegal going on in here. Please use these talking points to clear any fears or apprehensions that newcomers have about participating in something so basic and 100% legal and moral.

    Remember, we have a moral high ground when compared to illegals. And even illegals are not afraid as much as some of us are initially when thinking about volunteering or contributing. WE ARE LEGALS.

    And also remember one thing...silent observation from your cubicle is not going to help. DO NOT THINK for one second that silence is going to be rewarded. With silence, nothing will happen. Situation might worsen. By raising your voice there may be benefit but it might not hurt you. STAND UP. Raise your head about your CUBICLE and SPEAK UP. Speak with either with your keystrokes on the forums or with your wallet. Silence is NOT GOLDEN here and frankly...its in a democracy and on matters of public policy SILENCE SUCKS.

    --logiclife.



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  • ameryki
    01-08 09:15 PM
    If you are not using EAD why renew it? Unless you are one of the people who applied under the new scheme (free EAD and AP for life), you are just wasting $340 + $305 = $645 (per person).

    You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".

    free "EAD and AP" for life what are you talking about??




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  • Fugu
    01-11 03:02 PM
    The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.

    The company could file for your husband's PR while he is outside the US, and this is worth discussing.

    Thank you for your reply.

    The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.

    Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.

    I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.

    Thanks



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  • roseball
    07-10 08:54 AM
    Hello,

    One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
    I think this is more of ignorance about EAD.

    Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.

    You can show them I-9 form where it list EAD as acceptable document for proof of employment eligibility.




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  • belmontboy
    05-20 01:11 PM
    If you win, her husband will be after you...:D

    i don't think so.. he is one busy pilot :D



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  • omved
    10-02 02:25 AM
    Not bad, got visa approved same day. This was my 7th year H1 extension, while I485 is pending, applied last year July..

    Got appointment a month before. Consulate automatically checks for PIMS verification within next 2-3 days..I got banamex receipt made by Mexican assistance services, in fact there are many people / company willing to get this receipt made for nominal charges..

    Drove to Nogales, AZ. Parked car in one of the parking lot. Cross border by foot through revolving door. No one is there to check any immigration paper for Mexico. People from India do need visa to visit Mexico but rule seems to be bit vague. To visit US consulate in Nogales, one can get local tourist permit (which can be obtained at POA in Mexico immigration. I got Mexico visa for 6 month multiple entry through local Mexican consulate in US. In retrospect, probably I wasted time and money for nothing..No one bothers to check any documents in Mexico, in fact I have look hard to find someone in immigration to stamp my entry in Mexico..

    Anyway, got Cab for $7 to US consulate. Reached there at 7.30am. Appointment time was at 8am. But this doesn't matter as consulate will let all Mexican labor visa applicant to go in first (approx 150 of them). I stood in line for about 2 hours, finally got in at 9.30. Process was smooth from there on..got biometrics / photo done and then interview for 2 minutes..IO didn't ask much, just few simple questions..Didn�t even check any extra document. I was advised to come at 3 pm to collect visa which I did. (Spent 4 hours -11am to 3pm in nearby Nogales mall)

    Got return cab to border. Took about 30 minutes get new I 94 made. Entered Nogales, AZ comfortably. Car was still parked safely...Returned home happily...Will continue to wait from GC, stuck in PD of April 2006 in EB2

    All the best to you all...




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  • GCBy3000
    07-22 03:42 PM
    You can only move after 6 months of 485 filing. Then it falls under AC21. Now if you move, you have to start the entire process. Fortunately with PERM and PP for 140, everything would take less than few months.

    Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.

    OR

    You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.



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  • Khujaokutta
    05-15 05:25 PM
    This gentleman is Feb 06 and is worried about his wife's GC not being approved, while folks and a lot of 'Janta' like us have PD's before his, and are still waiting............makes me more and more dukheeeee.........




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  • vikki76
    10-02 10:01 PM
    Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?

    I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21

    Please guide.

    I changed my company and filed G-28. My RFE went to new lawyers only. I didn't get any personal letter. My new company was adamant to file AC21 and G-28. Real glad that I did that!



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  • harry15
    02-14 08:44 AM
    Thanks for all the prompt replies.




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  • softcrowd
    10-02 03:21 PM
    If I-140 is withdrawn by the employer, one can not port the PD.



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  • vsrajesh
    02-20 06:19 PM
    "The new company should first apply H1 for 3 years based your current approved I-140"

    Can someone pl clarify whether a "new company" can get a H1 extension for 3years based on an approved I-140 from "current company" (after 6 years completed on H1).

    It is clear that "current company" can get H1 extension for 3years based on an approved I-140 and a "new company" can transfer it, but is it possible for "new company” to get a 3 year H1 based on approved I-140?

    If yes, does the “new company" have to wait for H1 quota OR it doesn't come under H1 Quota?

    Thanks




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  • cooler
    08-27 01:32 PM
    I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?

    Please respond.

    As mentioned in your other post. This should have no bearing on your status.

    Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?

    Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.



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  • hariswaminathan
    11-20 04:06 PM
    1) No.
    2) Other then an Emergency you can't expedite.
    3) If you are currently on H1, then she can enter on H4.
    4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.


    1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.




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  • Green.Tech
    03-12 05:56 PM
    If you are looking for career change PT MBA is not a good option,you can do PT MBA if you are typically further along in career, often on track for advancement to senior management and you need to balance heavy course load in addition to work and family. I'll be graduating this May from Wharton (Executive MBA) I'm already started getting lucrative offers from consulting firms but unfortuately my I-140 is still pending

    So, will the new jobs "change" your job description to render AC-21 ineffective (similar or same category job etc.)?




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  • iwantgc
    09-11 06:34 PM
    I've been a silent avid reader of this website and I'm also among those EB3 retro victims. I'm starting a thread about what I read from shusterman website " there's no chance getting an immigration bill inacted before November election" and see what's everyone's opinion on this.

    iwantgc




    munshiviral
    10-26 02:55 PM
    Hi Guys,

    Thanks for the feedback. Still I am little bit confused so here are my very specific questions.

    1. Can I work for a US firm which has office in India while staying in India?

    2. I asked about EAD because I thought that I am still employed with US firm the only difference is that my work location is India and not US. I still get pain in US salary, in that case do i need EAD? Can my GC process continue without me visiting US now and then?

    3. Can I still renew my AP/EAD while i am out of US working for US firm and getting paid in US salary but work location in India?

    Thanks,

    Mickey




    Rohan99
    10-29 01:15 AM
    Guys....

    My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.

    She has no plan to work till Jul 08, is it good to apply for SSN?

    You should apply for a SSN. If you find a job, the employer will ask you to fill-up a W4 Form. To set you up in company payroll, SSN would be a requirement.

    Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.

    Applying for a SSN and getting it and has NO impact on your immigration status.



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