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  • cinqsit
    09-15 10:57 PM
    This kind of happened to me. Got the AP approval email then after 4 days got EAD approval email. Got EAD card in the mail a week after that.

    And surprisingly got AP in mail a whole week after that. Looking at the AP
    envelope it was postmarked after the EAD card was actually put in mail.

    So it might be that your AP is on its way. But 30 days sounds a lot of
    time. I would try and talk to the customer service and open a SR.


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  • hmehta
    08-08 01:49 PM
    May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!

    Hi folks,

    Here's my situation:
    Currently applied for 485 and waiting for receipt
    Will be applying for EAD/AP this week.
    I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.

    Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.

    The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.

    Coming to my question re H1B:
    My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.

    Please advice. Anything will help.

    Thanks in advance.

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  • samswas
    04-21 08:30 AM
    Thank you. I will give it a try.

    so my question is, AP is needs be to on hand and how do they know that she has it on hand since it was approved and sent on Apr 8th according to the email.

    We can even say yes she had it but lost it over there so i mail her the document. right?

    I traveled on AP in 2009 in Lufthansa airlines from Chicago and the airlines asked me about the plan of reentry as I had no VISA in passport before issuing boarding pass. I had to show it to them. I'm not sure, what happens if you say you don't have it with you.

    If I'm in your situation, I would rather postpone the trip for few days.

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  • crazymish
    04-13 04:01 PM
    All: I applied for advance parole on Feb -9 , delivered Feb -11. I filed under new fees structure and hence I am exempt from fees. I clearly mentioned that in the letter. However, till date I have received no receipt. How should I handle this?

    Just as a follow up, The receipt notice arrives 30 days after the application; we got our receipt notice approximately 30-35 days after the application was received. Now we are awaiting to see if the Advance Parole is approved. Incidentally fingerprinting was also required and we had been to the ASC center for fingerprinting this past friday. The FP notice came after the AP package was received by USCIS. I believe they are running FP as a normal turn of events when applying for FP for most individuals if not all.


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  • nirupama.reddy90
    01-21 05:11 PM
    Your post is confusing. If you got laid off, how come you are on job as yet?

    Have you found a new job? Are you working on new H1 or EAD?

    Please clarify before I can answer wisely.
    Hi All, Thanks for comments and suggestions.
    I am sorry while i was writing my initial post i missed adding NOT,

    "As I am NOT on job at present, I can not produce any client letter at consulate in case if they ask. "

    Let me add more on my scenario, I don't know how correct to use the word "laid off", my contract was ended in DEC-08 with client, but still my H1B holding company is paying me and said that they will support sending me all needed documents for H1B extension Stamping, asked me to take a vacation for a month or so (as any way i am going back to India for extension).

    As "LostInGCProcess" said as long as my company is paying me, Will i have chances to get my extension stamping? or Shall I have to be on the job with Client and have to carry a letter of proof showing which client i work for?

    Sorry for getting u all confused with my first post.
    Thank you

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  • wa_Saiprasad
    07-26 08:36 PM
    My attorney didn't pay attention to my birth certificate. My birth was registered couple of days after later but the certificate was issued 4 years later in 1979. And my fathers, mothers and my names were not full name. My fathers name was spelt wrong. Anyways nothing can be done now my application went in on July 2nd. I am hoping it will be an RFE. My case is another classic case of Attorney negligence.


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  • Maverick_2008
    02-14 03:59 PM
    A) 140 or 485 gets denied and you're on EAD (it means you've already given up your H-1B)
    B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)

    Gurus, please correct me, if I'm wrong.




    this doubt is bugging me due to recession fears.

    if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
    will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation

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  • n2b
    04-18 04:42 PM
    the main grey area for n2b is --

    but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.

    See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!

    So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?


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  • chanduv23
    07-09 07:24 AM
    Lets forward this link to DOL ??? How do we do that? Anyone?????????

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  • iv4gc
    07-28 12:57 PM

    First some background.
    EB2I PD is July 2006
    I140 filed Sept. 2006 and approved Oct 2006 with Company A.
    Left Company A and joined Company B in March 2007 (172 days after I140 approved).

    Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)

    While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.

    With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?

    1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
    2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
    3. Get the GC and move back to company A?
    4. Any other options??

    Thanks for your time.


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  • windycloud
    02-01 11:08 AM
    Just resolve their issues so you will see most of them opening new businesses, buy houses - this will trigger high financial activity and will improve the economy automatically. Unemployment will be a thing of the past.

    With all due respect, this is a bit of a self-serving exaggeration don't you think? Unemployment will be a thing of the past if they give all of us greencards? I trust many will buy properties and start businesses but enough to fix unemployment entirely??? Trust me I want my GC as badly as the next guy in line. But if we start warping facts and reality to make claims and statements in benefit of our own interests, and even worse if we actually BELIEVE in them, we'd no longer be fundamentally different from those gun clinching, Jesus loving, Obama hating rednecks of this country. We are far better educated than those average Joes and let's try to think, talk and act like it.

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  • shahrooz
    02-10 10:50 PM
    I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?


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  • pappu
    06-27 07:36 PM
    From: National Immigration Forum
    Web: http://www.immigrationforum.org


    Congress is out for its 4th of July recess. It has been a while since the last update went out, but not much has been happening—certainly not compared to one year ago, as a major immigration reform bill was being killed by filibuster in the Senate.

    On the one hand, the Forum, and thousands of issue advocacy organizations in politically-gridlocked Washington, are waiting for a new Congress and a new President. On the other hand, there is never a time when we are not defending against the bad ideas that immigration restrictionists and their friends in Congress are trying to slip through Congress.

    There is little chance of having positive legislation enacted this year. There are, however, some proposals being considered. In the House, Rep. Zoe Lofgren, with co-sponsors from both parties has put a couple of bills into the hopper that would offer modest relief for immigrants waiting for visas. H.R. 5882 would “re-capture” immigrant visas that went unused during the years 1992 to 2007, and would make changes in the law to prevent visas from going unused in the future. This would effectively make available an additional 225,000 visas on a one-time basis, with about 93,000 of those visas going to the family preferences.

    H.R. 5921 would eliminate the per-country ceiling for employment-based immigrant visas, and raise the per-country limit for family-based visas.

    In the Senate, we will at some point see further action on AgJOBS, and proposals related to seasonal non-agricultural workers and high-skilled temporary workers.

    Even for these modest reforms, prospects for passage are uncertain.

    Oversight and Accountability

    If there is any good news coming out of Washington, it is that Congress, after giving boatloads of money to the immigration enforcement agencies, is starting to ask for some accountability.

    There have been some hearings, including a hearing in the House on June 4th on the subject of deaths in immigration detention, where some of the egregious misconducts of Immigration and Custom Enforcement (ICE) has been questioned. There have also been hearings to examine immigration enforcement proposals still being considered. Several committees (including the Immigration Subcommittee) have considered mandatory electronic employment verification plans. The Shuler/Tancredo “SAVE” Act, the proposal that has the most momentum (if you can call it that at this point) now has 190 signatures on a discharge petition that, if it gains 217 signatures, will force a vote on the House floor. Since April 1, it has gained just five signatures. We expect there will be more hearings where Congress will exercise its oversight responsibilities over the Department of Homeland Security, and in part these hearings will continue to point to the need to fix our broken immigration system.

    The Appropriations Season

    We are getting in to the appropriations season and, legislatively, the action will turn to the 12 spending bills that Congress must pass by September 30 to keep the various government agencies running. (Given the current gridlock, no one actually expects Congress to complete its work on the spending bills; more likely temporary spending bills will be passed to tide the government over until a new Congress is in place.)

    Spending bills offer the greatest chance for mischief. Immigration restrictionists will no doubt offer amendment after amendment to make life more miserable for immigrants. In this election season, the main function of these proposals will not necessarily be to pass them into law, but to gain material for 30-second campaign advertisements in which anti-immigrant members of Congress will attack their opponents as being soft on immigration, national security, etc.

    There is, unfortunately, always the chance that one of these proposals actually passes, and this will require the vigilance of immigration advocates in Washington in the coming weeks.

    There is also the chance that some good proposals may find their way into the spending bills. In the House, the bill controlling spending for the Department of Homeland Security has passed with a number of reporting requirements for ICE—in keeping with the new interest by Congress in holding the enforcement agencies accountable.

    The target date for adjournment for the summer is August 8. After that date, the House and Senate will be safely out of Washington until September, after the party conventions.

    Immigrants and the 2008 Elections

    The real action is taking place outside the beltway. In preparation for the upcoming elections, there will be much focus on getting immigrants registered to vote and turned out to vote. This weekend, on June 28, there will be a kickoff in Chicago of the New Americans Vote 2008 campaign, which is a collaborative effort of the Illinois Coalition for Immigrant and Refugee Rights, Center for Community Change, Fair Immigration Reform Movement, National Council of La Raza, NDN, America’s Voice, United Food and Commercial Workers and the We Are America Alliance. The campaign combines training, organizing and electoral civic engagement targeting immigrant communities in 17 states. Speaking at the kickoff will be Senator Dick Durbin and Representatives Luis Gutierrez and Jan Schakowsky. For more, see:


    Immigrants are eager to weigh in on the immigration debate, and it is expected they will be doing this in unprecedented numbers in polling places across the country this fall. Building up to the elections, organizations including the Forum will be tracking the story of how the immigration issue is being used by politicians. It is expected that we will see a repeat of 2006—Republican candidates will use the immigration issue to play on the fears of their constituents in the hope of gaining votes, the debate will be ugly, and Democrats may or may not take a more moderate view.

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  • pleaseadviseme
    09-23 07:01 PM
    First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.

    Thank you so much, you have been really helpful.

    My last question to you here... sorry to be so annoying. I just got a new notification from my employer, saying that he will file my h1b on feb 1st. (sucks), and "petition" for June activation on the visa. I don't know what does that mean, but could you please suggest me what should my wife do? i mean my f1 should ends on may 31st. and h1b will start on june 1st. but when should she start filing for h4? i heard that she will be legal once she filed the h4, but i don't know how long it takes for the uscis to know she filed the change of status petition. for example... can she file on may 31st?
    or is it even possible if i receive my h1b visa approval on April, and she files for H4 when i got the approval but petition for june 1st activation, same as me?
    because i really don't think my employer is willing to file for both of us. Thank you very much, Please let me know because we are making a decision sometime this week... thanks alot!


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    05-19 11:14 AM

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  • gc_maine2
    05-15 11:44 AM
    Good JOb Learning01 for your efforts, and Thanks Ras4u for posting it..

    Bloomberg story at International Herald Tribune: U.S. firms press Congress to open door to technology workers (Link (http://www.iht.com/articles/2006/05/14/bloomberg/bximmigrate.php))


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  • GCwaitforever
    04-03 10:09 AM
    I am quite happy with the answer from Logiclife. That is a logical response considering the difficulty we have with fund raising. Though IV has been there for just three months, we did a damn good job of raising the awareness and mobilizing people impacted.

    My interest in raising the question was to gather the feedback and see what happens. Even though IV is focussing on BECs and retrogression right now, if this campaign is successful, there are other problems to solve down the line. Once we get the Greencards, are we going to stop looking at problems faced by others and go into our own shell like most of the current H-1B holders are doing right now? Or we take the same fighting spirit from this endevor and continue the efforts?

    I am predicting that extending the V-Visa provison would become the goal of atleast some of us after getting a Greencard. I have few friends who could not bring their spouses here and I feel their pain.


    Would you be constructive, bring some friends, organize and lead an effort to get this provision and prove you are unselfish? Criticizing someone is easy, but when you start doing the job, you would find the difficulties. So I urge you to move on to action, not criticism.

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  • sanjay02
    05-22 06:04 PM
    I had filed my I-485 in Jun 2007 my PD is Nov 2005 and was called for an interview at the local USCIS office in Feb 2009. My I-485 was pre-approved, now I am about to apply for AP renewal.

    The question I have is which service center do I mail in my AP renewal docs? My original application was filed in Nebraska. So do I file it there or send it to service center in Missouri? Can any one who has similar experience post the answer to this?


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  • pmgthj
    03-14 09:38 PM
    bbct, I filed my I-485 with NSC originally, but it was transfered to local office last month for interview.

    11-30 08:48 PM
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    05-13 07:28 AM
    Thanks desi and rb_248. I actually remembered that my H1 had been extended (even though I never got it stamped in the passport) - so I went with H visa status on the application form