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  • sundarpn
    07-19 10:54 PM
    jack_suv, nice post and a good start.

    I am sort of category 4. BUT want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)

    If I change to a new employer after 6 months (NOT on EAD but on H1b transfer):

    1. Will my 485 remain in good standing? Will still need support form the ex-employer? I hope not and 485 receipt notice will suffice.

    2. Can I get 3 yr extension of H1b from the new employer (as I have I-140 copy).

    3. Can I file my spouses 485 whenever the dates become current (despite working for a new employer on H1b.)





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  • ivar
    02-17 09:15 PM
    Do I need recent salary slips for transfer ?

    Yes you need paystubs. What your employer says when you ask the same question you are asking here on the forum. That your H1 expires 2009, your project gets over in Mar 09, how he will u give paystubs? what does he say?





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  • dealsnet
    08-05 11:17 AM
    I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.

    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;





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  • paskal
    11-09 03:43 PM
    What main theme do you expect for probable resume?

    if you have a resume, we'll just ask you to send it along
    as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
    we are not really interested in your GPA (superlative as i'm sure that is!) :D



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  • satishku_2000
    08-03 04:43 PM
    I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it


    I am not sure whether you got a chance to read the whole thread. :) In normal circumstances there is no need to decipher...:)





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  • new_horizon
    07-19 11:19 PM
    I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
    Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:



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  • CADude
    07-21 01:10 PM
    First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part :) Nothing comes free here.

    Guys:

    I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.

    OLD Fees:
    I485- $325
    Biometric - $70
    I765 - $180
    I131 -$170
    TOTAL - $745
    NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.

    Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)


    Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.

    If anybody knows this answer, please attach link or direct to the USCIS page.

    Thanks





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  • cooldude0807
    06-02 09:04 AM
    I have a lawyer who is representing me..so he got the RFE & he fowarded it to me. In your case i would just call USCIS and check to see if you will recieve RFE's since you don't have a lawyer representing you.



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  • zvezdast
    07-02 05:50 PM
    There is hope....





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  • akred
    02-23 10:51 AM
    Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india

    EB1 - 3K
    EB2 - 21K
    EB3 - 17.5K
    EB4 - 0.3K
    EB5 - 0
    EB Total - 41K

    Am I missing something?

    One other factor is in play:

    100,000 visas were recaptured in 2000 under the AC21 act and made available to oversubscribed countries over the years until they ran out in 2005.



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  • kshitijnt
    05-14 07:44 PM
    Dont worry they would not retaliate. I had written highly critical emails back in 2004. Not a problem.





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  • factoryman
    06-19 01:31 PM
    Don't know what the officer will do. Don't tell me I didn't tell you.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.




    any members planning consular processing in delhi ???
    please respond



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  • coopheal
    03-15 03:16 AM
    Why should I contribute?
    I'm not going to do.
    For this I'll get red dots, and will be banned.
    I do not care.


    If you don�t want to contribute, then don�t. There is no need to brag about it.
    You are not doing any noble cause by not contributing.

    IV volunteers have every right to ask for contribution on various forums.
    Least you can do is not confront them on contribution.





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  • pbojja
    02-09 04:09 PM
    Hi,
    I have gone to India last Nov (2008) and got the H1B stamping upto Aug 2010. while entering the U.S due to the expiry of passport, I got the I-94 upto July 2009. Now I need extend my I-94.

    I am planning to go out of country to get the I-94. Shall I go to Mexico to get the new I-94 ?. Note I have the stamping.

    Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
    Thanks.

    I was in similar situation and I traveled to Canada and got my I94 extended . Usually they dont take your I94 when you travel for less than 30 days to Canada , however while returning I request new I94 with the officer and got new I94. I would say fly.



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  • jonty_11
    02-09 12:45 PM
    Yes we have to keep focused and not give up this fight. With so much taxes and spending we have pumped into the economy, dont u guys think u deserve better.





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  • tarnp
    November 10th, 2004, 07:36 AM
    I would try downloading the software update from nikon and reinstalling it to see what happens.. it is fairly simple.. there are "A" and a "B" programs that need to be loaded independently... the instructions on the site are straightforward... I have had D-70 since they came out and have had no problems.... If your local retailer will not stand behind the camera it seems nikon should... isn't there a year nikon warrenty?



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  • GCNirvana007
    09-10 11:48 PM
    You are either unmarried or Divorced....Absolutely kidding :)

    Unmarried actually :p





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  • kbsyed61
    06-04 02:41 PM
    A friend of mine got his approval email yesterday.

    His details are:
    PD - April 12 2003.
    I-485 RD - Last week of June 2008, ND - July 16th 2007.
    Received RFE 5/14/08. (Previous I-94 copies, Wife's Vaccinations)
    Reply to RFE - 5/30.
    USCIS got acknowledgment 5/31. Soft update again on 6/02.
    485 - AD - 6/03 received email about card production ordered.





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  • r_ferns82
    03-08 10:35 PM
    Hey mlkedave you embarrass me my works no way top notch. I did it in just a couple of hours and there a lot of faults. I am not too happy with the header region. I was way to busy at that time and since I had promised I submitted or else that’s was no way I was going to submit it. The vote will tell you the story. I like your layout the best but I had some doubts. Do you plan to use flash in the entire top region? (I hope you get my point) the buttons look more realistic for flash.





    jonty_11
    08-10 05:16 PM
    how is this possible.......mr mustang plzzz come back to throw more lite and enliten us.....





    glus
    09-24 09:11 AM
    My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.

    I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.

    The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.

    Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.

    It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.


    I would really appreciate your help!

    Hi,

    I had the same problem some time ago. I wanted to go to school while my AOS was pending, but the school started making troubles due to this. My attorney wrote up a letter. In the letter she stated, "There is nothing in the U.S. Immigration Law (INA), that prohibits one to attend school while the Adjustment of Status of such a person is pending. INA does not require a person in Adjustment of Status to obtain form I-20" After that, the school just accepted me w/o form I-20. It was a private school so tuition was same as for others.



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