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  • Marphad
    12-03 03:31 PM
    Ok..I know I should read thru the older posts, but didnt get a sense of what is required in my case, so I am posting the question online.

    My wife was on her independent H1B. she travelled out side the country and was readmitted on H1b. After that she turned in her 2 weeks notice and has started working for another company on her EAD.

    We have not applied for our AP previously.

    My question is this:

    In Part 1 , Q3

    Class of Addmission

    Should she put H1B (last admitted as)

    or would it be Adjustment of Status (since she is using EAD)

    Also, what kind of supporting documents need to be sent?

    I-485 copy
    EAD Copy ( yes/ no)
    I-94 H1B issued at POE (yes/no)

    2 passport sized photographs?

    anything else?


    Class of admission is last admission on port. That should be H1B.




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  • desi485
    10-27 05:39 PM
    In the scenario presented above, or where USCIS erroneously issued a GC when PD is not current, the obligation on the GC applicant's part is to report the error for appropriate resolution by USCIS. Even if the GC applicant (like my best friend who got his GC in 2008) is not aware of the detailed process, and is not tracking RD, PD, ND, the applicant still has an attorney who is representing the applicant. Also, filing the I-485, doesn't automatically guarantee the issuance of a GC (eg of withdrawing $100, expecting to get $100 but getting more than that amount - comparison is not apples to apples when talking about expecting GC after you file I-485).

    In the end, when these situations occur it boils down to doing what is ethically and legally appropriate, within an appropriate response time frame.

    -Nola

    Nola, your intentions are good, but I do not agree with your conclusion. You are biased against yourself and other applicants.

    1. who, applicant or cis, is required to make sure gc process is properly followed?

    2. also, if someone goes thru' "pain of gc revocation" due to cis error, isn't it ethical (and legally required) to provide "ead/ap" (so person can continue to work and feed his family, be in status), "reinstatement of (again) pending 485" etc. to that person by cis?

    3. are these legal & ethical norms only applies to one party or both parties involved in this process?




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  • nat23
    11-09 10:07 AM
    kaka,

    You have so far been saying "nobody will get GC... it is a scam..."

    Now that there is a chance someone will get GC with a new House, do you still go with your "win-win" stand?

    Will you change your course too and say something new?

    Kaka no offense meant here....just a joke.

    In words of the President " He will stay the course"

    Cheers
    Nat




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  • ahasan
    04-25 06:45 PM
    Contribution $100 thru Paypal.
    Receipt ID: 8CX96284LM935704N

    Thanks!!!



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  • kshitijnt
    04-17 02:40 PM
    Now a days any junior, if they ask me about GC process, I ask them what is the law firm of the company and find out how company handles GCs. Like, do they file at the last moment? do they get into a holding pattern and delay everything etc? One of the questions I directly ask people who seek my advice is , is the company's law firm fragomen? If they say yes, I ask them to talk to their manager and stay away from fragomen and change their jobs if its a slow process.




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  • yabadaba
    06-27 09:51 PM
    I never imagined that the journey to GC would be such hard, and I have to give my whole life following these notices and EADs and what not. USCIS cannot approve my GC for years and years but now abrubptly they approved my EAD in less than 15 days, when I was expecting to get 2 years extension. My EAD app. was sent out on june 9th and my lawyer told me that they saw approval from yesterday 6/26 (wow 16 days including shipping!!!). USCIS always has hidden agenda, and everybody can tell that it is just money, which leads to such decisions. No body would forget last years july fiasco when they hushed up GC visa numbers for rendering people not to apply before fee hike. The present EAD issues everyone is reporting here is another fiasco. I wonder if there would be barrage of lawsuits for EAD fiasco as we saw last year for july fiasco. Now I understand why USCIS gave themselves time till 30th june, otherwise why wouldn't they make 2 year EADs effective right from the day of announcement in early week of june. Smart move!

    Oh well this is what we have to face till we get that "Gone Card"! Day by day my patience is losing. Is it worth all this trouble?
    i dont get it...the ead card is valid for a year. you are paying money for 1 year. Instead of being happy that your file has not been lost and have received your ead on time...you are going on a conspiracy theory rant.

    Just ask those people who havent received FP notices or havent received their EADs for the last 90 days, what they are going thru. At times we have to count our blessings rather than thinking what we have lost. the 2 year EAD is not your "right." Your "right" is to a 1 year EAD that you PAID for. If one gets a 2 year EAD, its a favor to them done by USCIS.

    I dont think one can or should DEMAND favors.



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  • stemcell
    06-01 01:51 PM
    By not standing up for your fellow indian and boycotting AF you are dis-respecting your fellow indian since you dont seem to care about the racist experience they had. So how are you different from "indians who discriminate indians" ? :confused: Just because we had a legacy of caste system doesnt mean you dont have to stand up for what is wrong. Your indifferent attitude/actions seems to contradict your own statements.

    acecupid

    I think you misinterpreted my post.
    Given my response to this post is testimony to the fact that i strongly condemn to what the passengers have been through.

    and trying to explain the 'crux of the matter' in my post to you is beyond me right now.Hopefully one day you will realize.........




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  • andycool
    06-11 08:02 AM
    Hi,

    As July visa bulletin indicate/predicted that for EB2-I it might reach up to March or April 2006 in FY2010.

    Is FY2010 is Jan to Dec 2010 or FY2010 ends at Sep 2010 for USCIS? My PD is Mar2006 Do I have to wait till Sep/OCT 2010 or till end of 2010 i.e. Dec?

    What is USCIS's Fiscal Calendar / Jan to Dec or Sep to Oct?

    I'm planning to go back to India so just wants to see, should I wait for 3-4 month more or it's going to be end of this year?

    Thanks a ton,

    RW

    USCIS fiscal Calender if from Oct- Sep



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  • Pineapple
    06-26 10:00 PM
    Thanks for calling rongch60..
    Welcome to IV!

    I just called and was asked for names and comments. I told her my personal experience: came 10 years ago, worked 5 years, approved I-140 2 years ago, stuck in the queue, working as a scientist at Stanford University, and can not apply fund and have difficulty attending international conference. She asked the state I am from. I strongly urge TX members to call. It is very easy.




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  • hebbar77
    09-25 10:46 PM
    This is my opinion:
    They are bunch of people who want to serve all the country and make all the money, with least customer care. So if you got money and dont need any quality of service, go to Fragomen!



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  • walking_dude
    10-09 09:44 AM
    Nous pouvons le faire ensemble (we can do it together)




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  • baburob2
    06-14 02:39 AM
    thanks a bunch IV.



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  • willwin
    06-26 11:24 AM
    Here are some of my own personal thoughts:

    How can one tell a percentage number for something to pass? What kind of data can we base our calculations on?

    Who said EB3 India will not forward next year? Did DOS say that? An individual lawyer is not Dept. Of State. I would like to see a written proof from DOS saying this so that we can plan ahead.

    There were many naysayers for the July 2007 bulletin. But IV was able to get it current again. So stop believing in predictions and believe in yourself.




    Thanks for your time and response!

    I thought that anyone close to the bill processes or people who work on those, should be able to predict; probably know by now if this (HR 5882) is going to happen or not. Pappu, I bet you must be in a better position than me to know (not to decide, ofcourse) about the plight of this bill. I would be surprised if you deny.

    It wasn't Ron's mere prediction but based on his discussion with Charles Oppenheim.

    http://www.immigration-information.com/forums/showthread.php?t=5456

    This is what he understands from the conversation:

    The strong impression that I took away from the converstaion, and this is only my interpretation, not what was said explicity, is the following:

    The good news: the CIS backlog isn't as big as previously feared and their productivity is at an all time high;
    More good news: China EB3 had almost caught up with worldwide EB3 and is likely to do so next year;
    The bad news: when visa numbers become available again, India EB3 is going to be back where it was almost a year ago and it is not likely to move forward much in the next fiscal year.
    More bad news: 40% to 45% of the entire backlog is Indian EB2 and EB3.
    And barring, July 2007, EB3 I has moved only inches in the last 2-3 years and that's how much it would move in the next 2-3 years (and that's assuming a similar efficiency pattern that USCIS exhibited this year).

    I am not trying to open a new can of worms here but reminding of an old one that is already existing - EB3 India. The most priviliged to remain in this god damn queue for as long as they wish and even beyond that.




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  • Macaca
    09-16 10:11 AM
    Your vision will become clear
    only when you can
    look into your own heart
    Who looks outside, dreams;
    who looks inside, awakes
    Carl Jung



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  • sparklinks
    02-19 08:46 AM
    Mailing Address:

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    Thanks a lot !




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  • stucklabor
    03-19 08:21 PM
    Yes, by removing "or" from (I), adding "or" at (II), and adding (III). I think this is how it would read. How do you think it should read?

    Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.

    Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.

    An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.

    Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.



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  • peterpan
    06-14 03:12 PM
    And most people on this forum who rail against the treatment of Indians might want to think about why they left India in the first place. India is by and large an extremely unfair place to live. There is constant discrimination. We left because we wanted to lead a decent life without pandering to someone all the time. Everyone from India on this forum was fortunate enough to be educated enough that they could afford to make that choice. There are a billion people who can't make that choice. And they are in India. We chose to abandon them and come live among what we percieved to be a fairer society. And it is, in a lot of ways. Do not be hasty to judge through the glasses of pent-up frustration about your current circumstance. If you have a personal experience that you thought was not fair, tell them at that moment why it's not cool. And by and large, they will stop or at least empathize with you. Try that back in India - tell your local politician why you think he's not doing a good job and see how well that goes.




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  • anilsal
    06-26 05:57 PM
    All,
    Is LUD mandetory after finger printing? I applied for EAD for my wife and me on 5/21. Sent supporting docs and had LUD on 5/23. Went for finger printing on 6/10 but no LUD so far. I am concerned if the finger printing center sent the data to USCIS or not. Our EAD expired 7/30 so I am concerned.

    Thanks
    ACS

    Posting the same Q in multiple threads. I answered in the other EAD thread.




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  • nk2006
    11-08 07:23 AM
    That said, from what I have been reading on talk radio shows, people are disappointed in general with the GOP - even with the pro amnesty position adopted by Pres. Bush, McCain, Specter, etc - and therefore want to give them a bad time. I don't think that was an endorsement for amnesty at all.

    The Ombudsman

    So your analysis is: people are unhappy with GOP that �some� of them are in favor of immigration measures and punished them by giving control to a party where �most� of them are certain to support those same measures ????!!!???!!! Its most illogical and even comical analysis I ever heard.

    Elections show that American people are much smarter than some politicians/talk show/TV show hosts hoped for. True, elections are fought on much stronger issues like war, economy etc and exit polls have shows that people are not too concerned about illegal immigration issue despite of coverage given by likes of Lou Dobbs. Also based on the fate of candidates who made the immigration their main plank, it can be argued that majority is actually in favor of such measures�..election results are a lot complicated to say anything like that�..but�.its a much more logical conclusion that what you were saying.




    ivgclive
    07-21 05:35 PM
    Woooowwww,

    hamara bharat mahan
    Thaai mannae vanakkam!
    Jai Hind !!!

    achieving National Integration....




    anilsal
    11-25 03:04 PM
    Here is my list. #1 is unprobable till 2009, so may be we can work on 2, 3, 4

    1. Need a legislation change (to increase visa numbers).

    2. If the above is not possible, recapture unused visa numbers.

    3. If 1 & 2 not possible, exempt spouse and children from visa number counts.

    4. If 1, 2 & 3 not possible, then atleast get them to disclose country wise backlog data, so that there is no "cheating" in visa bulletins

    Excellent thinking. :)

    What should be done to make this happen? Any suggestions? ;)



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