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  • bkarnik
    01-05 06:22 PM
    That is one option but given that I am not on H1 and nor with the same employer - it may not be the way to go. This is something I am going to look into and have an attorney weigh in on. Thanks!

    Since her H4 is tied to your being in status and not to which employer you are working for (she is your dependent) I would say she can safely travel on H4. I would recommend that she carry photocopies or originals of your 485 receipts, a photocopy of your passport with I94 (showing you are in the US) and a copy of your EAD card to show your status. I have never heard of dependents getting denied entry as long as they have a valid visa and can show that their spouse is in status. A change of status within the US is not considered as an impediment to your dependents who may travel on a dependent visa category that was last issued to the principal applicant.

    My 50 cents (2 cents with inflation added in) Do let us know how this thing ultimately resolves.





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  • JunRN
    07-17 01:46 AM
    How can we sleep? OMG, the wait is exciting...it excites all my nerves...





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  • wanaparthy
    03-24 05:30 PM
    How come h1 transfer gives me the solution?

    do you mean to say goto any employer whoever gets job?





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  • java4yogi
    09-03 03:17 PM
    Hello Friends,

    Could somebody pls. help and respond to this query.

    In case of approved Change of Status from H4-H1B , when can the H1B holder apply for a SSN. Do we need to wait till Oct. 1 to apply for the SSN or can we apply earlier.

    I heard that it can take anytime between 2-8 weeks and the H1B holder is not supposed to start working till they receive the SSN.

    Thanks a lot for your help, its greatly appreciated.



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  • jonty_11
    07-31 03:50 PM
    Last week, I submitted my documents to my lawyer but until now I haven't received any confirmation from my employer yet if my application has been filed already. We are not allowed to contact our lawyer directly so I'm just relying on my employer about this. I'm quite concerned coz there's no way for me to find out if they have filed it or not.
    Is there a way? Please help me please. Thank you
    This is a subjective ques....depends on ur relations with ur employer...
    Try cajoling them..if its pop-shop consulting firm , he wont budge...

    Try asking other employees...if their's was filed and if they got an yhconfirmation?





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  • gc_chahiye
    12-18 07:04 PM
    Even approved GC and Neutralized Citizenship certificates also can be revoked, if it was found later that there was some fraud involved in it.

    I know the GC and citizenship process is long and hard, but did not realize it required such sacrifices (http://www.urbandictionary.com/define.php?term=neuterizing)... :D



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  • inskrish
    08-13 12:17 AM
    Dhagala lagli kala... GC themb themb gala...

    English translation please.:D





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  • smartboy75
    07-17 07:42 PM
    Almond I agree with you completely...I am not against questions being asked or answering questions...This community has been helpful to me in the past and I would be more than welcome to lend support....but a little effort would'nt harm....

    There is a saying "SEEK AND YOU SHALL FIND...." No matter how old the information its always possible to dig it out...not only using this forumn search but also google search....I just hope people try and seek before ..that's all



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  • wizkid732
    08-24 12:29 PM
    Hi,
    I have been in this too long and want to decide if it makes any sense fighting anymore and anticipating the cards. Any advice is greatly appreciated

    I contacted the Senators office and the rep there made a query to USICS> this is the response she got.

    �This case is currently in an extended security review area."

    She then tried to contact this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time

    Any Advise?

    -Thanks





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  • matreen
    10-07 03:59 PM
    i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.

    wish you luck

    Don't you think if you're changing jobs and new job has to be fulltime with new employer? not contract?

    Can we invoke AC21 on temp contracting job?

    As you said if you go with contracing job where you will be running your payroll? Is it on your new owned company on your name? Or it has to be someone else name like spouse or friend?

    Thanks,
    Matt



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  • sunny1000
    05-04 01:41 AM
    Thanks shar533 for the response. I want to travel by road though and I do have a valid visa.

    I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.

    My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?

    Thanks

    Your pending AP does not get invalidated (or even come into picture) as you have a valid stamped visa (I am assuming) and your I-94 will be stamped as "Admitted" rather than "Paroled".

    It is the Green card application that is considered "abandoned" if you travel without a valid AP, IF you DON'T have a valid dual intent visa. This situation does not apply to you right now.

    Good luck with your trip!





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  • msyedy
    02-05 02:29 PM
    Is the 45 day approved labor validity Rule already in place?

    Jonty ask a lawyer.... that is the best solution because no one here will be filling your application for I-140.



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  • nozerd
    02-01 12:59 PM
    At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.

    You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.

    Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.





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  • techskill
    08-14 05:05 PM
    Hi all:

    I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.

    However, I just got an approval email for my I-485 and the online status has been changed to approved too.

    What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?

    We are really worried. Has anyone been in this situation? What is the best way to resolve this?

    I can honestly say that I never thought I would look at my 485 approval and get depressed.

    Thanks.


    Dont worry. Everything will be fine as it is not your mistake. Send a letter directly to IO bypassing the mailroom explaining in detail with your notices.



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  • GCNeophyte
    09-03 06:22 PM
    Thanks, yes our last names were different.
    I told the postman.
    Its been more than 2 weeks and I didnt get any response from USCIS after updating the address.It still shows initial review.

    Does anyone know how long it would take for the USCIS to resend the card?

    When i filed for my EAD card, they returned my card and I had to open SR by calling 800 number. I received card after 1 - 2 months time frame. Again with USCIS each case is different so hope you get faster.





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  • Lasantha
    04-26 12:39 PM
    I don't think you really need the physical card. Canadian Immigration officer simply told me that i am a landed immigrant now, the entry stamp and document attached to the passport are enough for me to come and go freely as long as i live in CA for 2 in every 5 years. So there is no additional advantage from giving an temporary address and getting a card.

    Yes there is. Without the card, you cannot "freely come and go" as you put it. If you fly to Canada you will have to apply for an entry permit if you do not have your PR card. They will not let you board the plane otherwise. You will either need the PR card or the entry permit. Check the CIC web site for more info on this. What you say used to be true prior to 2002 before they introduced the new PR card but its different now.
    If you drive then I believe you can get away without the card but I am not sure about that.



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





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  • beautifulMind
    06-29 11:24 AM
    Thanks





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  • optimist578
    01-02 11:11 AM
    What is the reason specified by applicants who have their Labor approved but I-140 pending, to extend their H-1 visa beyond the 6-yr limit ?





    MerciesOfInjustices
    03-11 12:27 AM
    The devil is always in the details!

    What is proposed for the 315,000 individuals in backlog centers? What happens to the 271,000+ cases in Retrogression? And, their families? They will all get their Green Cards with their Labor Cert, I guess!

    While they are it, why does'nt the AFL-CIO also propose that the 2012 President of the USA HAS to be from amongst those who come from these numbers?

    Do not mock us with these unenforceable and fantasy-filled proposals for now. Such red herrings can skew the whole legitimate debate about relief for hard-working, legal employment-based seekers of Permanent residency!

    We would be all for it in principle - which EB-Visa seeker would deny a Green Card with the application itself! Something of this nature used to exist for doctors during the late Vietnam War years!

    But, it has as much as chance of seeing the light of the day as the rest of AFL-CIO efforts - Democratic control of Congress and a Democratic Presidency! Heck, AFL-CIO could not even get Dick Gephardt thru half the Dem primaries with a decent show!





    PlainSpeak
    02-23 09:00 AM
    To bring more details to my question:

    a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
    I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
    Morever my new employer will not provide me a Ac21 portability matching my labor cert.
    My role responsibility is following as per labor cert.

    Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
    Reponsibility:
    develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.

    Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?

    Thankis in advance.

    The rule is that the job description should NOT change by more that 50 %. Though on the outside Lead Architect and Programmer/ Analyst/Systems, Software/Engineer/Developer look like they have different job description, you need a lawyer to tell you how much of a difference it is. My suggestion would be to shell out moeny and have a one time meeting with the lawyer to get his suggestion. Be prepared to have all talking point ready when you go to meet the lawyer