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  • morchu
    04-22 09:41 AM
    Since your H4 COS is not approved yet, you are not YET in H4 status.

    So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.

    Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.

    This is a typical situation where you should file for Premium Processing (of H1 COS).


    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.





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  • gunabcd
    06-15 10:03 AM
    The USCIS PDF for I-693 (http://www.uscis.gov/files/form/I-693.pdf) says "OMB No. 1615-0033; Expires 06/30/07" at the top of the form. At the bottom it says "Form I-693 (Rev. 09/16/05) Y". Will we be able to submit this form if we get the medical exam done now and file it with the I-485 on July 1 or later?

    I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:

    http://immigrationadvice.net/I-693.pdf
    http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf

    But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?

    I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!

    I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?

    I think in absense of a newer form by USCIS, the expiry date 6/30/07 means the form can be filled in by 6/30. I think the doctor will use his own form and will not accept if you provide one. This is just my logical thinking and not a rule.





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  • PlainSpeak
    02-23 09:16 AM
    Wow i bought a new toyota in Oct last year and no one asked me my immigration status. Of course i already had a loan with toyota financials for my older car so i guess that worked out to my benefit.
    So i guess if some one gets deniend in one place it is not a dead end. They have other banks and credit unions as options and the best option would be a dealer provided finance as they want to sell you the car





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  • teky
    11-12 08:24 PM
    If its the same category Mexico works. Different category For. eg. F1 to H1 Mexico is not good anymore.

    ** This is what I know but please consult an attorney.

    Teky.



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  • GCard_Dream
    12-01 11:13 AM
    I guess the main part of the question and my concern is not only EAD but actually the ability to change career/employer as you feel necessary without having to re-start the whole GC process, which you have to do now if you have a 140 approved and wish to change company. You now will probably argue that the first 2 steps are employer driven and an employers don't have to let you use employer sponsored 140 if you change company which may make sense from a employer point of view but for employees it's back to square one. It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)


    The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.





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  • zerozerozeven
    05-07 12:00 AM
    Time to get our voices heard

    http://www.time.com/time/politics/article/0,8599,1896482,00.html?cnn=yes

    The first tweet the White House Twittered was not about the weather. It had nothing to do with how the President was feeling, what he was doing or what he wanted for lunch. The First Dog, Bo, failed to receive even an oblique mention.


    Instead, the Obama Administration jumped with both feet into the 140-character Twitterverse on May 1 with a one-sentence post on how Americans can learn about swine flu directly by joining social networks with the Centers for Disease Control and Prevention (CDC). "We wanted to use these tools to some end, some effect, some public good," said Macon Phillips, the White House Director of New Media. (See the best social-networking applications.)

    So it has gone in the first few months of the Obama Administration. At the new President's urging and by his example, the entire Federal Government has bounded into the world of social-networking. Twenty-five agencies now have YouTube channels. The Library of Congress has begun posting thousands of free historical photos on Flickr. In the past week alone, about 30 agencies, including the White House, have joined Facebook.

    "The whole pondering process � Should we do it? Should we not do it? � has been truncated because the White House is doing it," says Theresa Nasif, director of the Federal Citizen Information Center, which helps coordinate Web outreach. "It's very exciting to be in government."

    The federal technology transformation remains very much a work in progress, with several agencies just beginning to grapple with allowing employees to even access social-networking sites. The White House communications team, for instance, is not able to access the government's Facebook postings and Twitter feeds, let alone those of reporters from the press corps, because of filters installed at the White House. (The White House New Media team, which posts on the networks from four old speech-writing rooms in the Eisenhower Executive Office Building, has been able to win an exemption from this policy.)

    Still, the Administration has already made great strides in opening up to technological innovation. On Jan. 21, his first full day in office, Obama signed an Executive Order calling for all departments and agencies to "establish a system of transparency, public participation and collaboration." At the same time, White House lawyers, working with other federal agencies, sought to create new "terms of use" agreements with private companies that would allow government to sign up for social networks like MySpace, YouTube and Facebook as if they were just another person. What was once the sole domain of adventuresome government agencies and officials soon became standard policy.

    At present, government lawyers have drafted agreements with 10 private social-networking companies. (The tailored agreements take into account certain federal privacy statutes and require that disputes be settled in federal court, not state courts.) Six other private-sector products, including iTunes, are being considered for further expansion, potentially clearing the way for easy iPod downloads of Obama Administration messages.

    At some agencies, like the White House, other considerations had to be taken into account. To comply with the Presidential Records Act, every Twitter and Facebook posting, for instance, generates an e-mail record that can be stored with other records. Citizen responses to the White House postings are also sampled and archived for the sake of history. On Monday, to coincide with the announcement of a crackdown on corporate overseas tax havens, the White House Twitter feed asked followers � who now number more than 40,000 � for their reaction. Jason Furman, deputy director of the White House National Economic Council, responded to three of the questions in a follow-up posting, which was linked to the White House blog. The questions, far from softballs, led to a discussion of the difference between statutory and effective tax rates, among other things. (See the 50 best websites of 2008.)

    Other areas of government have had success on a far greater scale. The CDC, which began experimenting with social media three years ago, has created a raft of YouTube videos, podcasts, webpage widgets and Twitter-size feeds to inform the public about the latest news on the H1N1 virus, also known as swine flu. Between April 22 and May 4, the CDC received 1.2 million views of flu-related material on YouTube and 46.6 million Web-page views, and attracted 99,000 followers on its Twitter feed "CDCemergency," which provides breaking updates on health issues. Janice Nall of the CDC's Center for Health Marketing says the agency is interested in employing any social media that people use. As for Twitter, she added, "It just happens to be sexy right now."

    Several agencies have been struggling to free themselves of bureaucratic restraints, like filtering software that bars employees from accessing social networks from work computers. In recent months, both the Department of Energy and the Department of Housing and Urban Development have opened up employee access to social-networking tools. The Defense Department has also been going online, with a new Air Force Twitter page and a Facebook page for General Ray Odierno, the U.S. commander of multinational forces in Iraq.

    Nonetheless, the entire project of making the government social-network-friendly remains in its infancy. As it stands, the government controls about 24,000 websites but is only beginning to utilize the social-networking sites on which citizens are spending an increasing amount of their time. Yet the historic bureaucratic resistance to adapting to new media has clearly begun to fade, says Bev Godwin, director of Online Resources and Interagency Development at the White House. "I think you will see a huge increase in use across the government of social-networking tools," she says.



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  • etiennelin
    04-02 03:49 PM
    Hello,

    My husband and I submitted I-485 last year (I am not currently working). He already got the green card and mine is still pending. I've got my Advanced Parole in hand. We plan to visit Canada in May . I'd like to ask someone in similar situation regarding applying a temporary resident Canada visa.

    On the column 8 of the 5257 Form "Applicant for a temporary resident visa made outside of Canada", "Immigration status of applicant in country where applying", which optioin should I pick? (Permanent Resident?) What date should I put in the box "valid until"?

    When mailing the visa application, which supporting document should I send? Only the AP and I-485 receipt?

    Anyone with similar experience could give some advice?? Thanks very much!!!





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  • vvpandya
    11-06 05:46 PM
    I had a LUD on 10/18 and then today the online status says Document mailed to applicant..recvd date at nebraska is 7/2 and recpt date is 9/11



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  • Jaime
    09-11 04:03 PM
    By coming to DC!!!!





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  • pappu
    04-10 11:55 AM
    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.



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  • wanna_immigrate
    03-27 01:36 PM
    Here is the link to the source of this article

    http://online.wsj.com/article_email/SB114341277438308548-lMyQjAxMDE2NDIzNzQyMTcyWj.html





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  • RDB
    12-03 11:22 PM
    Hehe....sorry, it was not meant for you specifically......that was in general :)...agree....it will be at least an year, if not years, before we see our greens.

    lol...where do u see excitement in my post? i know its atleast a year for me to see some green.



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  • jackisback
    05-04 12:08 PM
    Should this not come from USCIS rather than coming from AILA? I would think this should be a press release or "news" on the USCIS website if they are starting this pilot.

    Are we supposed to be worried about sending this email since someone has got access to the AILA letter and posted it here in IV?

    This should be coming from USCIS or the attorney's offices...





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  • StarSun
    01-31 11:48 AM
    IV Members,

    Immigration Voice conducts a one hour free conference calls with attorneys for the benefit of IV members only. This opportunity is provided on the first 3 Thursdays of each month.

    Ist Thursday of the month - 7 pm est with Raj Iyer from Carl Shusterman Law office
    2nd Thursday of the month - 7 pm est with Ari Sauer and Greg Siskind from Visalaw
    3rd Thursday of the month - 9 pm est with Prashanthi Reddy from Reddyesq

    Members can send their questions to ivcoordinator@gmail.com. Members need to be present in the call for the question to be asked and answered. For call information, please visit the Members Forum (http://immigrationvoice.org/forum/forum14-members-forum/) or refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts"

    Previously recorded conference calls can be found here - IV WIki: Free Attorney Conference Calls - Recorded (http://immigrationvoice.org/wiki/index.php/Lawyer_Conference_calls)



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  • vinki
    10-27 01:31 PM
    hi !
    Thank you gurus for your quick response .... have one more question in mind ...
    Is it a pre-requisite to have SSN before applying for a job ?


    thanks
    Vinki





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  • xiaomatu
    06-05 06:37 PM
    I think my question is: is it possible for USCIS to review the case and change the decision they made after approval? Thanks.



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  • thakkarbhav
    11-17 12:31 PM
    I believe that from I 485 stage both cases (Primary applicant and dependant) are different. Primay applicant can be on H1-B or EAD for work purpose but the immigration status will be AOS.

    Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.

    If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.





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  • lifestrikes
    03-10 10:09 AM
    Nightly News: U.S. losing immigrant brainpower - Business - Consumer news - U.S. business - msnbc.com (http://www.msnbc.msn.com/id/41894670/ns/business-consumer_news/)





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  • mdmd10
    08-29 08:37 AM
    yes...good idea! If those ignorant buffoons from NumbersUSA can spread false propaganda...why not spread the light.

    The truth will set everyone free.





    Mahatma
    06-04 12:47 PM
    You have 2 best possible scenario.

    1. OPT should give you 29 months window to apply for H1 or AOS (that is when PD becomes current for EB2 India). It doesn't hurt to start I-140 NIW process now.

    2. It may be a good idea to consider EB1 as well, although it may be very challenging. Approval under EB1 might make your AOS journey shorter.

    You could piggy-back on your H1 spouse's AOS if that is on-going.

    You could explore multiple options simultaneously. There is no bar. Just remember one thing though. F1 and OPT are non-immigrant intent statuses. Hence, timing of I-140 should be prudent. It is better to do I-140 petition after OPT approval. Check with your attorney. Good luck!





    tabletpc
    08-20 02:30 PM
    Thanks a lot for response guys...

    Looks like i forgot to mention few of my own contraints...

    I do not want to use EAD as i am single and don't want to jeoperdise my spouse visa by loosing my H1b status. So only option for me now is H1b.

    My only concern is what if i lose some pay checks and jeoperdise my immigration history. 90% of my frinds who work with consultant are out of job/looking job..etc. All these makes bit pessimistic....!!!!



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