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  • ajaysri
    07-05 10:26 PM
    Hi,

    My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:

    1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?

    2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B status..is it legitimate?

    3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?

    Thanks
    AjaySri





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  • Blog Feeds
    05-27 12:40 PM
    Two little-known types of immigrant visas are the T and the U visas. The T visa is for people innocently involved in human trafficking, and the U visa is for victims of crime. The U visa's basic purpose is to make it easier for police to prosecute those who commit violence.

    Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:

    The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.

    Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.

    The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?

    The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.

    T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.

    In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)





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  • krishnam70
    05-06 06:03 PM
    Folks:
    Need advice on my birth certificate matter.

    I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
    My father's name and mother's name is not spelt exactly the same as in my passport.

    Example:
    my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
    my mother's name has only her first name and not her full name. aaaaa

    My passport has thier correct full names.

    What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?

    OR am I preparing for no reason?

    Thanks for all your help,

    Silverfishy
    You never know with USCIS

    1. Try and see if you can get a corrected Birth certificate with the correct names issued.
    2. Try to get affidavit's from your parents that they are also known by the name's present in the passport and birth certificate
    3. Try and get any/all kind of supporting documentation to support this fact including any affidavits from other relatives ( elder people than your parents)
    5. Official documents that establish you to be related to them and also any other documents that show that both the people are same.
    6. In case of your mother's last name not appearing the certificate try and contact the municipal admn and see if they issue a new certificate which contains the correct name and with that an explanation letter that the records stand corrected or whatever
    7. Secondary evidence like - your educational transcripts that contain your father's name
    8. Official identity cards( voter registration etc) that prove the same

    basically any document that establishes the link

    good luck
    -cheers
    kris





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  • seahawks
    09-12 02:31 AM
    Great work !!!



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  • baburob2
    02-14 05:47 PM
    hi bestia
    I PMed you back again .could you plz respond.





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  • dealsnet
    11-25 04:05 PM
    What is your qualification?
    Masters or Bachelor with 5 years of experience?
    It may be safer to apply EB3 than EB2, if you don't have a strong case.

    Hi All,

    I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.

    My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are

    1. Should I re-appeal?
    2. Do Labors get approved in re-appeal?
    3. Can I start a new Labor application with the same employer simultaneously?
    4. What�s a safe category to apply at this point in time. EB2 or EB3?


    Thanks



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  • gc_aspirant_prasad
    11-14 09:13 PM
    Bump
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  • kartikbalaji
    01-02 10:21 AM
    I could see LUD on my I-485 case too yesterday.



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  • amar123
    11-24 05:03 PM
    Hi All,

    Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.

    I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:

    1.
    USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
    If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.

    2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)

    The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.

    Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."

    Thanks,
    Amar





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  • franklin
    05-01 07:45 PM
    It definitely sounds worth a call!

    btw EB3 is backlogged across the board in all categories



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  • sagittariusarm
    02-12 07:27 AM
    My wife met with a very minor accident and it was her first accident. It was an on a unattended car. The back bumper of the car got scratched, The main mistake she did was , she did not leave a note and she came home, she basically panicked. She called me and I told her to go back and call police by that time, somebody complained to police and police came home and issued citation. According to Florida statues this is a criminal violation.

    The following is the detail of the citation.

    Crash: NO
    Injury: NO
    Serious Injury: NO
    Property Damage: NO
    Aggressive Driving - NO
    Fatal: NO

    I am in the process of talking to traffic violations related and Immigration attorney.

    I would appreciate if somebody can please advice on the following.

    1) What will happen to her I485 process? currently she has EAD and I485 is pending
    2) She is unemployed currently but if she decides to work in the future will this cause any issues when employer does background check?
    3) Attorney mentioned that he can clear the points and criminal violation records but will this still be a issue for I485 process?

    Please let me know.





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  • shruthii_1210@yahoo.com
    10-09 03:30 PM
    Hi,
    I recently received EAD and my I-140 approved an year ago . I am waiting for the 180 days count down to be over. but my question here is after 180 days if i want to use AC21 , do we really need to have the I-140 apporval copy or receipt number bcz it is still with my employer and they are not going to share with the me for sure. But it got approved and year ago for me.

    Also is there any way i can get the receipt number of I140 by calling the USCIS ?

    Please help!

    Thanks



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  • dealsnet
    05-28 09:38 AM
    1. Send all AOS forms and proof of pregnancy from the doctor. They will issue RFE or you can send medical after the delivery. Don't take risk while on pregnancy. RFE reply will get 30-45 days time.
    2. If your current visa is not expired, you can delay in filing I-485. Just file I-130 now.





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  • immigqindenver
    03-15 02:24 AM
    Hi Guys,
    My AOS has been filed in the summer of 2007 (August 2007 timeframe). Since then, my EAD and AP have been renewed twice, and I have re-entered the US on AP. My AOS has been due for over 180 days now.
    My H1B expires in July 2009. Since I have not received my Green Card (AOS has not been approved yet) - my company lawyers have filed for H1B extension.

    Question - I have applied for an internal job, within the same company. The job-title and job-role are different. The salary is the same.

    Am I legally allowed to do this - i.e. change jobs internally to a different role, based on my EAD? Can I go ahead with this new job?

    Thanks.



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  • smuggymba
    09-12 09:44 AM
    Hi all!
    Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???

    It would be illegal.





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  • bathuzp
    12-05 04:18 PM
    Hi everyone,

    I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.

    Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.

    Thank you all in advance,
    Bathuzp



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  • dave25
    01-24 02:32 AM
    Hi,

    This is my case:

    1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005

    2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.

    3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.

    4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.

    5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.

    Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.

    Regards





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  • JazzByTheBay
    09-07 02:34 PM
    ..for more videos later through the weekend.
    http://morejazzbythebay.wordpress.com/

    cheers!
    jazz





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  • hemya
    08-04 08:26 AM
    My I-140 was approved July 14th. Online status shows "pending". I was informed about the approval by my manager and lawyer!!





    H1B-GC
    05-28 05:06 PM
    Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?

    To answer your question,

    Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.

    You would qualify for Unemployment in PA as long as there is a pending green card application.

    Offcourse the applicant should have earned income in the previous year to qualify.

    I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.

    Thanks for your advise! I will check at the local unemployement office !





    smuggymba
    09-20 02:14 PM
    I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?

    Please provide your valuable opinion.

    Thanks

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