Tuesday, June 7, 2011

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  • irock
    10-10 06:53 PM
    We are also in the same boat. My wife and me finished FP on 10/2. Its already been 9days. No LUD on my case or my wife's case.
    Do I need to worry or This is quite normal?




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  • gccovet
    08-15 09:08 AM
    Here is my situation:

    My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.

    Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.

    Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).

    Questions:
    1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
    2. Can i join with company 'C' by invoking AC21?

    Please share your thoughts and experiences.

    Dont' worry, you are fine.
    It should be fine as your company already informed USCIS, these acquistions are quite common.

    Get a "Acquisition letter " and a "name change letter" from your HR. This will be useful if you happen to travel on H1B (out of USA).




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  • kriskris
    07-28 04:39 PM
    I e-filed both EAD and AP this year and I got both approvals without going for biometrics. This was my first e-filing and all my previous applications were paper based. I only went for biometrics 1 time in Oct 2007. TSC used the photo and FPs from my biometrics appointment for my EAD as I did not mail them any photos. So its not necessary that you will be called for finger printing when you e-file. If they have your photo and FPs digitally stored, they will use them. I assume they would do the same if your PD becomes current.

    Also there is no FP for AP. We just have to mail our photos with the print out.




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  • sandy_anand
    10-04 01:32 PM
    Thanks for the link

    You're welcome, little_willy.



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  • Almond
    07-17 08:42 AM
    bmneni,

    My understanding is that, you wouldn't have an 'A#' when you apply for I-485(if it's first time). If it is second time, then you have to mention the 'A#' assigned to you. Guys, please correct me if I am wrong.


    You do have an A number-you're assigned one when you get your approved I140. I remember having to tell my lawyer on my own to put it on there (in front of me) he didn't even think to do it himself:mad:


    Bmneni, if you enclosed a copy of that approved I140 you should be ok although from what I hear, to make it easier on the person processing your paperwork it'd be nice to put it on the other forms too. But if a copy of the I140 is there, I think you'll be ok.




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  • pointlesswait
    06-03 05:58 PM
    zaara dhek kar reply kar na yaar..
    the guy who posted....is definitely a "zombie".. ..chumma screwing around in life...


    Set up your own company LLC. and ask them to sign corp-corp or 1099 and you be the sole owner of this company.

    This way even if you dont get full time offer you can defend self employment.

    W2 Contract can be a problem because of USCIS's perception of permanent job.



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  • lostinbeta
    09-10 02:14 AM
    Hmm, odd, I don't think my footer uses up too much processor power and it uses everything you said not to use. Haha, oh well, I am not complaining.

    I still need to get my hands on a copy of Illustrator. I have used it before and it is great! Just gotta save up...............




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  • nogc_noproblem
    04-09 04:34 PM
    If your I-140 is approved and if your I485 is pending for more than 180 days, you can move to a new employer. In such case you can use your valid EAD for the employment with the new employer OR you can transfer your valid H1B to the new employer. AC21 is about just informing USCIS about your job change, no matter whether you are using EAD and H1 transfer.

    Note:
    - Informing USCIS is not mandatory, it is a gray area.
    - 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.

    Hope it is clear.


    If you are planning to work on EAD, then you are not using AC21.
    Is my understanding correct?



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  • san3297
    03-24 01:16 PM
    AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.

    Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.

    What people usually do is get someone in their home country to be the Google Adsense beneficiary

    How do i register with google adsense to make someone from my home country as beneficiary.In that case wht do i need to give the persons taxid(like pan number from india).How can i do it?




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  • kumhyd2
    07-26 01:08 AM
    Another classic case of utter negligence by the attorneys.



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  • bp333
    11-04 10:14 AM
    Hi, my 485 was rejected initially for "misisng or incorrect fee", per the rejection notice my attorney refiled the app. When refiling the app he sent two checks, one for old fee and the other to make up the difference for new fee. So, USCIS has an option to choose. Now, the Supervisor is insisting us to show evidence of a check being sent (or cashed) in the first place. The Supervisor has asked my attorney to take the time he needs and respond via fax once he's done reconciling. Now, that all the applications have been processed, my attorney has been able to reconcile the check register and confirm that they missed to send the check with my application. He is planning on writing an aplology letter to the Supervisor, do you folks think that Sprvr might receipt the app or reject ?

    Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.

    If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.




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  • chi_shark
    04-29 05:42 PM
    :) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.

    so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.



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  • walking_dude
    03-05 02:57 PM
    Some details are available here -

    http://www.azcentral.com/news/articles/0304senate-immig0304-ON.html

    Proposed measures -

    A bill by Sen. Jeff Sessions, R-Ala., who is leading the effort, would impose a maximum two-year jail sentence on someone caught crossing the border for a second time.

    Other bills in the package would:


    � Block federal funding from cities that bar their police from asking about immigration status.


    � Give the Department of Homeland Security the authority to use information from the Social Security Administration to target illegal immigrants.


    � Require construction of 700 miles of fencing along the Southern border, not including vehicle barriers.


    � Impose sanctions on countries that refuse to repatriate their citizens.


    � Deport any immigrant, legal or illegal, for one drunken-driving conviction.


    � Enable local and state police to enforce federal immigration laws




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  • indianabacklog
    12-04 03:40 PM
    I fail to see why these cases you are referring to are any worse off than many others.

    I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.

    I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.

    We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.



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  • gcpadmavyuh
    09-21 03:58 PM
    You both are right!

    Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).

    However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.

    Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS


    employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.




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  • rsayed
    09-07 09:45 AM
    Dood...

    Nothing to worry - Receipt Notice(s) will be issued when they will be issued. We can do nothing about it. I'm in the same boat - My application was mailed on Jul 24th and received on Jul 25th. No news so far - My Lawyer says, we should wait another month or so...

    Take part in the Rally - It is our Cause!!!

    :(My comapny send my package to Nabraska Center (received on 26th July)!!

    None of my checks have been cashed and also I didn't receive any receipt so far....

    IS IT Normal?? Any one in the same boat!!

    Please update!!
    Thanks



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  • VickIowa
    12-28 11:07 AM
    You are actually expected to provide the latest I94, I believe that your employer may have filed an I9 based on your latest I94, just find the I94 # and the local customs and immigration at the airport should be able to issue you a new one. If you have a copy or the number of this one it would help.

    Does the I-9 need to be refreshed each year?

    I have a copy of my Jan 2009 I-94 which is not the most recent one - I believe that was the one that was sent to my employer's lawyers. In Jan 2010, I did get an original I-94 (the one I lost) but did not use it to apply for I-9 (atleast to the best of my knowledge).

    Thanks for being so responsive and helping me out. The other thing is the time constraint that I have to take off on Dec 29th (tomorrow). What also worries me is that if I approach the Immigration/customs folks at the nearby airport, won't they basically ask me to fill an I-102 and wait for 3-6 months before I can travel? I don't want to do that since I need to travel now due to family issues.




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  • jaithran
    05-13 08:21 AM
    In Bank and other Government agencies they officially refer as I-485 Resident. In bank while approving a loan, one of the valid statuses is I-485 Resident.




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  • helpful_leo
    02-03 06:21 PM
    thanks guys for your responses

    Spgtopper: I am referring to the same bill; specifically section 313. Its a bill that covers a lot of specific details, but seems to ignore current PhD candidates.

    Logiclife: Wikipedia and others define "the physical sciences" to exclude life sciences. That is actaully the meaning of physical sciences, i.e. not biological sciences. It would seem stupid to exclude it, since so much of R&D is taking place in biotech etc.
    And I believe if they wd have allowed the transfer of F1 to F4, they wd have mentioned it in teh bill. I think the above 2 facts have to be brought to the attention of lawmakers.




    Bogdan
    10-22 01:15 PM
    I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.

    Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.

    Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.


    However, as I said, I did not sign any I-9 to confirm the H1B status, neither I did for the EAD (employment based I-485 pending). Given this circumstance, do I need to re-validate my H1B? I guess HR should have asked me to complete a new I-9 for the H1B. I am thinking USCIS colects the I-9's periodically so that they know how I worked, am I correct?




    roseball
    04-04 02:21 PM
    Hello Everyone, I have one specific issue.
    My Priority date is May 2007, and i am under 3rd category h1b 3-years extension at the moment in the USA. I140 has been approved and i am waiting for priority date to be current so i can apply for i485. but its taking too long because of the backlog. What are my overseas travelling options during this LOOONG waiting period.
    Can me and my wife (holding h4) travel overseas while waiting for the priority date to be current? like i said we have an approved i140 and h1b 3-years approval notice, but have not yet applied for i485 as we are waiting for priority date to be current. please help? anyone is the same situation?

    Just use your valid H1/H4 visa for travel. If you had applied for I-485, then you would have had an extra option to apply and use AP for travel. Since you haven't filed I-485 yet, you can continue to use H1/H4 visa for travel while you wait to file I-485. Btw, if you are already over your 6 year H1 visa limit, then having an approved I-140 entitles you to get 3 yr H1 extensions whenever you are due for H1 renewal.



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