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  • abhisam
    01-08 12:03 PM
    Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
    The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.

    At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
    We (immigrant community) will probably face more and more of these issues as long as we have retrogression.

    Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.

    radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.





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  • neelu
    09-15 03:55 PM
    Thank you, FromNaija, again. I appreciate your taking the time to respond in detail.

    Also thanks for the nice words. They have a nice ring to them especially since I was expecting an RFE. You made my day with those words even if they dont turn true (those words are the closest I have ever come to a GC). Hope you are right. But I am not getting my hopes too high. :)

    Wish you also good luck!


    I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.

    From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.

    If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.





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  • ragz4u
    02-24 01:31 PM
    Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%

    That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!

    Am I reading it right?





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  • gc_on_demand
    12-03 01:43 PM
    My friend got h4 without any issue last week at mumbai consulate. Her husband was on h1 full time for 6 years with same company. No document asked and few questions regarding trip. etc..



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  • milind70
    08-15 08:34 AM
    and since you applications are not being filed with I-485 you will have to pay the new fee.

    I dont think that is the case please refer to question 37 in FAQ 3.





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  • minimalist
    06-10 02:54 PM
    Copy of 485 receipt
    Copy Front and back of current EAD
    Photos with A# and name in the back (With Pencil/Felt Pen)
    Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks



    Thanks for encouragement,
    It's always scary the first time. : )

    Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.

    Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?

    thanks again,
    NS



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  • seekinggc
    07-16 04:59 PM
    Hi to all in this morass called Immigration to the USA,

    #1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?

    #2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....

    Thanks !

    Hey,

    My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.

    My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....





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  • ravi98
    04-23 08:21 AM
    Pelosi reconfirms taking on immigration, but the Senate has to start it. She went on to say, the House passed climate and energy legislation last year, but it has not acted on immigration reform.
    �If the Senate is ready with an immigration bill, we don�t want anybody holding it up for any reason,� Pelosi (D-Calif.) told reporters at her weekly press conference. �Send it to us.�

    Pelosi: House won't object to moving immigration first - TheHill.com (http://thehill.com/homenews/house/93733-hoyer-casts-doubt-on-immigration-moving-ahead-of-climate-change)

    Asked if she could get the votes on immigration (in the House), Pelosi replied, �I believe so.�



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  • supender
    09-21 01:33 PM
    My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
    My reasoning behind this is:
    1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.

    I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
    Thanks





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  • EB3_SEP04
    06-30 09:21 AM
    If I were you, I would decide office by Receipt Number EAC/LIN

    Thanks Johnamit, my EAD card # starts with "WAC" which is for "California service Center"



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  • logiclife
    04-08 12:15 PM
    I am not an expert in law but we cannot "Force" the deparment of state to release numbers. However some numbers are already available for 2005 in usage stats.

    If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.

    Doesnt the ombudsman report show all numbers even today? I thought they did.





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  • gcdreamer05
    08-27 01:58 PM
    As mentioned in your other post. This should have no bearing on your status.

    Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?

    Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.

    I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???



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  • kondur_007
    12-07 03:39 PM
    Consular processing itself will happen when date is currentl. However, there is a form that your friend can fill out (which basically moves I 140 from USCIS to another agency which I think is called National visa/benefit center, which in turn sends it to consular post once the date is current.

    In other words, your friend will have to get out of 485 line and ask for I 140 to be put in another line (for consular processing) and wait for PD to become current.

    During this entire time, the prospective employer should have empty position for the candidate and good faith intention to hire him permanently once he gets is GC. Also, they may send RFE to employer to explain how will he manage for next several years before your friend can join the firm. As long as prospective employer answers all these to their satisfaction, your friend can still get his GC once his PD becomes current (via consular processing).





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  • miamivice4u
    04-10 07:40 AM
    But he can not loose our hopes, remember this, for the american people legal inmmigration is Green Card holders, if you are a temporary worker is like they are telling you hurry up pack your things and get back to your place, and the congress will try to work legal and illegal immigration at the same time, probably they will increase visas, but anyways the point is who is making noise in the streets? illegals and their supporters. In my case i contact my senator and my congressman every month asking to please help with comprehensive immigration reform, to help us to create legislation on name check so we do not have to wait years, and well all of them are republicans but all of them are immigrants so they know our pain.



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  • yabadaba
    07-24 08:07 AM
    <^^^^^^>
    <> <>
    |
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  • kcindian
    05-29 11:04 AM
    Gurus,

    I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:

    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    Thank You for answering my questions.
    KC Indian



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  • coolpal
    02-17 05:45 PM
    I am a july filer too.. but neither me nor my wife ever received FP notices... not even the first time.
    My lawyer and myself contacted USCIS several times over the phone and each time they opened a case for review and replied saying they'll contact me if they need anything.

    Anyone else in the same situation as mine?

    pal





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  • lazycis
    01-11 11:45 AM
    Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.

    How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.





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  • malibuguy007
    10-02 01:05 PM
    $250 so far in less than 24 hours. Hoping to do better in the next 24........





    anilsal
    12-13 12:01 PM
    What on earth makes you legal to work with an expired Visa?

    Expired visa stamp. His H1B approval petition with a new I-194 at the bottom provides his work authorization.

    To answer your question, since you will need to get a visa stamp in India, it is better to check with the french consulate, as to whether you need one. Typically, the US visa stamp on the passport that has not expired is usually sufficient.





    rsdang
    08-22 12:11 PM
    I am not 100% sure on this reply ....

    As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.

    Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.

    You may want to check with some good attorney though.

    Sorry, not much help.

    Good luck.
    GCCovet

    You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.

    They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.

    NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.

    Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...

    Hope this helps



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