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techbuyer77

06-20 11:20 AM

File i-485 with evl from old employer as future employee. after 180 days invoke ac21 and switch to current (given both jobs are similar in duties and such)

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CADude

07-21 01:10 PM

First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part :) Nothing comes free here.

Guys:

I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.

OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.

Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)


Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.

If anybody knows this answer, please attach link or direct to the USCIS page.

Thanks

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lord_labaku

10-05 06:20 PM

Guys,

These are standard trick questions. Its done quite frequently...maybe you guys dont travel frequently....but enforcing officers...like cops, security people, immigration check post officials are all trained to ask obvious, simple straightforward questions and supposed to judge your behavior, body language....not the exact answer....next time....try giving like a really long winding answer and see if they even care.....half way through your answer...they would have already stamped your passport.

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kk_kk

04-23 01:27 PM

I have chnaged my address twice in last 2 months with USCIS. One change is from zip code xxxxx to yyyyy and other with in the same zip code. Both the time, there was an soft LUD on my I-485. knock on wood, no RFE's as of yet.

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boston_gc

01-20 09:29 PM

My I-797 approval notice was received several months ago. Does that reduce the possibility of security delays? Also, is there a way to take proactive steps to make sure PIMS is cleared before visa interview date?

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adreg

06-05 10:22 AM

If it makes you feel better -- its 11 years for us :). And no Labor Cert since I am black-logged at PBEC. So we need the annual H1B extension ritual :(

Yep, if CIR falls apart its pack-your-bags-and-go-home for us.

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lahiribaba

02-12 02:08 AM

When I had posted a similar concept a few months back in this site I was ridiculed and called a madman...but now I see appreciation from the same people about a similar idea.

Well no bitter feeling about this but just wanted to highlight the fact that Indians in general offer the most resistance to a new idea specially if it comes from someone of their own.

We get what we deserve..:)

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logiclife

02-09 11:54 AM

Nothing on google or Cspan. I am sure you've tried that.

Is there a special newspaper for Capitol hill? that published committe hearings etc. then you have a shot at looking at those after the hearings are over.

--logiclife.

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gcpool

08-29 09:12 PM

On the application for renewal for EAD (online) there is question

Current Immigration Status:

IF a person is working on EAD so what should be selected.
There is nothing that is close to saying (Pending I-485 or AOS)

The options are

A1"A1: AMBASSADOR, DIPLOMAT
A2"A2: OTHER DIPLOMATIC OFFICIALS
A3"A3: ATTENDANTS OF A-1, A-2
AS"AS: ASYLUM
ASD"ASD: ASYLUM STATUS DENIED
AW"AW: RAW APPLIED FOR AT A PORT
B1"B1: TEMPORARY VISITOR FOR BUSINESS
B2"B2: TEMPORARY VISITOR FOR PLEASURE
BE"BE: BERING STRAIT ENTRIES
C1"C1: ALIEN IN TRANSIT THROUGH U.S.
C2"C2: ALIEN IN TRANSIT TO UN HQ
C3"C3: FRN GOV OFF IN TRANSIT THRU US
C4"C4: TRANSIT WITHOUT A VISA
CC"CC: CUBAN MASS MIGRATION PROJECT
CH"CH: PAROLEE (HUMANITARIAN/HQ AUTH)
CP"CP: PAROLEE (PUBLIC INT/HQ AUTH)
D1"D1: ALIEN CREW DEPART SAME VESSEL
D2"D2: ALIEN CREW DEPART OTHER VESSEL
DA"DA: ADVANCE PAROLE (DISTRICT AUTH)
DE"DE: PAROLEE (DEFERRED INSPECTION)
DT"DT: PAROLEE (DISTRICT/POE AUTH)
E-1 Dependent"E-1 Dependent: SPOUSE/CHILD of E-1
E-2 Dependent"E-2 Dependent: Spouse/Child of E-2
E1"E1: TREATY TRADER/SPOUSE/CHILDREN
E2"E2: TREATY INVESTOR/SPOUSE/CHILD
EAO"EAO: EMPLOYMENT ADVISORY OPTION
EWI"EWI: ENTRY WITHOUT INSPECTION
F1"F1: STUDENT - ACADEMIC
F2"F2: SPOUSE/CHILD OF F-1
FUG"FUG: FAMILY UNITY GRANTED
G1"G1: PRINCIPAL REP. FOREIGN GOVT
G2"G2: OTHER REP FOREIGN GOVT
G3"G3: REP NON-RECOGNIZED FOREIGN GOV
G4"G4: OFFICER/EMPLOYEE INTL. ORG.
G5"G5: ATTENDANTS OF G1, G2, G3, G4
GB"GB: VISITOR WITHOUT A VISA 15 DAYS
GT"GT: VISITOR WITHOUT A VISA 15 DAYS
H1"H1: ALIEN OF DIST MERIT & ABILITY
H1A"H1A: REGISTERED NURSE
H1B"H1B: SPECIALITY OCCUPATION
H1C"H1C: Nurse Relief
H2"H2: TEMPORARY LABOR CERTIFICATION
H2A"H2A: TEMPORARY AGRICULTURAL WORKER
H2B"H2B: TEMPORARY NON-AG WORKER
H3"H3: ALIEN TRAINEE
H3A"H3A: TRAINEE
H3B"H3B: SPECIAL EDUCATION TRAINING
H4"H4: SPOUSE/CHILD OF H-1 THRU H-3
I"I: FOREIGN PRESS
IMM"IMM: IMMIGRANT
IN"IN: INDEFINITE PAROLE
J1"J1: EXCHANGE VISITOR
J2"J2: SPOUSE/CHILD OF J-1
K1"K1: ALIEN FIANCE(E) OF USC
K2"K2: CHILD OF K1
K3"K3: SPOUSE OF USC
K4"K4: CHILD OF USC
L1"L1: INTRA-COMPANY TRANSFEREE
L1A"L1A: MANAGER OR EXECUTIVE
L1B"L1B: SPECIALIZED KNOWLEDGE ALIEN
L2"L2: SPOUSE/CHILD OF L-1
LZ"LZ: BLANKET L PETITION
M1"M1: STUDENT - VOCATIONAL/NON-ACAD.
M2"M2: SPOUSE/CHILD OF M-1
ML"ML: PAROLEE-MEDICAL, LEGAL, HUMAN
N8"N8: PARENT OF SPEC IMMIGRANT CHILD
N9"N9: SPOUSE/CHILD OF N8
NATO-1"NATO-1: PRINCIPAL REP. OF NATO MEMBER
NATO-2"NATO-2: OTHER REP. OF NATO MEMBER
NATO-3"NATO-3: CLERICAL STAFF FOR N-1, N-2
NATO-4"NATO-4: OFFICIALS OF NATO_ION
NATO-5"NATO-5: EXPERTS EMPLOYED BY NATO
NATO-6"NATO-6: CIVILIAN COMPONENT OF NATO
NATO-7"NATO-7: ATTENDANTS OF N-1 THROUGH N-6
O1"O1: ALIEN W/EXTRAORDINARY ABILITY
O1A"O1A: EXTRAORDINARY ALIEN - NON-ARTS
O1B"O1B: EXTRAORDINARY ALIEN IN ARTS
O2"O2: ACCOMPANYING ALIEN TO O1
O3"O3: SPOUSE/CHILD OF O-1, O-2
OP"OP: PAROLEE (OVERSEAS AUTHORIZED)
P1"P1: ATHLETE OR ENTERTAINER
P1A"P1A: ALIEN WITH ATHLETIC EVENT
P1B"P1B: ALIEN WITH ENTERTAINMENT GROUP
P1S"P1S: SUPPORT PERSON OF P-1
P2"P2: EXHANGE ARTIST/ENTERTAINER
P2S"P2S: SUPPORT PERSON OF P-2
P3"P3: UNIQUE PGM ARTIST/ENTERTAINER
P3S"P3S: SUPPORT PERSON OF P-3
P4"P4: SPOUSE/CHILD OF P-1, P-2, P-3
PAR"PAR: PAROLEE
PI"PI: PACIFIC ISLANDER
Q1"Q1: INTL CULTURAL XCHG VISITORS
Q2"Q2: IRISH PEACE PROCESS PARTICPNTS
Q3"Q3: SPOUSE/CHILD OF Q2
R1"R1: RELIGIOUS OCCUPATION
R2"R2: SPOUSE/CHILD OF R-1
RE"RE: REFUGEE
RE5"RE5: HAITIAN W/GRANTED REFUGEE STAT
RW"RW: RAW APPLIED FOR AT A US CO
S1"S1: SPECIAL AGRICULTURAL WORKER
S2"S2: SPECIAL AGRICULTURAL WORKER
S5"S5: INFORMANT OF CRIMINAL ORGANIZATION INFORMATION
S6"S6: INFORMANT OF TERRORISM INFORMATION
S9"S9: EMERGENCY FARM WORKER
SDF"SDF: SUSPECTED DOCUMENT FRAUD
ST"ST: STOWAWAY
T1"T1: VICTIM OF SEVERE FORM OF TRAFK
T2"T2: SPOUSE OF T1
T3"T3: CHILD OF T1
T4"T4: PARENT OF T1
TB"TB: SPOUSE OR CHILD OF CAN. FR
TC"TC: CANADIAN FREE TRADE AGREEMENT
TD"TD: NAFTA DEPENDENT
TN1"TN1: NAFTA PRINCIPAL (CANADA)
TN2"TN2: NAFTA PRINCIPAL (MEXICO)
TPS A-12"TPS A-12: APPROVED FOR TPS ON FORM I-821
TWO"TWO: TRANSIT WITHOUT A VISA
U1"U1: VICTIM OF CRIMINAL ACTIVITY
U2"U2: SPOUSE OF U1
U3"U3: CHILD OF U1
U4"U4: PARENT OF U1
UN"UN: UNKNOWN
V1"V1: SPOUSE OF LPR
V2"V2: CHILD OF LPR
V3"V3: DEPENDANTS OF V1 OR V2
WB"WB: VISITOR FOR BUSINESS - VWPP
WD"WD: WITHDRAWL (I-275)
WI"WI: WITHOUT INSPECTION
WT"WT: VISITOR FOR PLEASURE - VWPP

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little_willy

12-14 01:49 AM

Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.

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kams

06-18 01:21 PM

My colleague was in similar situation. He went to Canada for H1 Visa stamping and while returning, the oficer at the border said I94 on the 797 is sufficient. Our lawer (Fragomen) adviced him to enter border crossing as last port of entry.

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Domino

09-12 02:58 PM

Hello,
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.

I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.

Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?

We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?

And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?

Thank you for your answers!

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sundevil

06-14 05:14 PM

The Last I heard they had 40K unused numbers(Ombudsman report). Some lucky few with much newer priorities might get through if USCIS tries to clear these numbers fast by end of FY'07. I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.

Besides ombudsman report says they attack the no-brainer applications first which take a few mins to finish and push the harder ones for later revisit, so they can score better on their performance reviews. I am not sure what qualifies as easy application though??

The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC

But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.

Offcourse there is another thing that comes in to play and that is the per country quota :eek:

EB-3 India Feb-2005
Waiting to apply I-485

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atlfp

04-09 03:39 PM

I guess Berkeleybee was talking about me....I posted a few theories in another thread regarding PACE act.

I certainly understand the IV has done a lot and am very excited about what you have achieved. Not sure how you view it, but I think posting my view in the forum is also a form of support. It may not be as much as you wanted, but nevertheless it by no mean is saying what you did was wrong, it's just some thing I thought about and I thought it might be worth to bring up. But If this bothers you then I have no problem to shut up.

Not sure why IV chose to lock up live update threading to member only though. Growing number of members is definitely good, but I am not sure about forcing people to register to read. People participant when there is a passion in it, forcing they into it more or less drive the passion away.

Just my 2 cents.


All,

Just to put this issue to bed once and for all. IV is committed to bringing its goals into legislation -- we are not wedded to any particular piece of legislation. If Plan A doesn't work, there is Plan B, C and D. Each with its own advantages and disadvantages.

There have been some people who have been saying "Comprehensive reform is dead IV should work on PACE/Poster's favorite option."

(1) It is not certain that CIR is dead. We are not about to toss it aside before the Senate has.

(2) IV is fully prepared for PACE -- we have studied all of PACE's provisons (have the theorists even done this?). Did you happen to notice that one of the co-sponsors of PACE has already offered an amendment for us? We also have support from other co-sponsors.

(3) Our amendments show that we have support no matter which legislation goes forward -- we have to shore up this support and make sure we get more for floor votes.

BTW, I notice that some of our new theorists became members only a few days ago, probably to read the live update threads, and just a few days after that they start opining about what IV should do. ;-) Have they done anything with/for IV: volunteer, contribute, send webfaxes? I doubt it.

Note to new members: please visit our Resources section and familiarize yourself with the material there, at the very least you'll see we have been doing our homework and we are not a one-theory-one-legislation group.

best,
Berkeleybee

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Templarian

08-27 05:58 PM

Shaking My Head

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nk2006

04-17 03:36 PM

As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.

Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.

If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).

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reno_john

06-08 11:52 AM

Again I say Rest in peace CIR forever. I was never for it

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Guest007

02-12 02:07 PM

I was in same boat. And apparently there is nothing like I-94 extension according to my lawyer. So after your passport comes.. You go out of the country and come back for a new I-94. Or you apply for visa renewal. I had to apply for h1 extension anyway within 5 mos. So I applied for renewal. Hope this helps.

I have my visa valid till Dec 2008. But PP Expires on July 1st 2007. when I was entering US on Dec 30th 2007, They gave me I94 valid till july 1st 2007. So I have to extend my I94 once I will get my new passport for which i have already applied in Chicago. Does any one know, how many days it takes for passport renewal? I had sent my passport to chicago Indian consulate on jan 10th and still waiting.

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surabhi

10-17 12:28 PM

I am new to cnsulting jobs and was wondering if anyone can elaborate on what these terms mean ..

Contract - Corp-to-Corp ?
Contract - W2 ?
Contract to Hire - Independent ?
Contract to Hire - W2 ?

These are all tax terms on which the contract is signed

Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2

Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.

Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.

Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.


If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.

If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21

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dce.deepak

09-18 05:44 PM

its not 800,000 its around 190,000 for all EB1,2,3
look at here May 2010 data
USCIS - Previous Pending Employment-Based I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCR D&vgnextchannel=16551543455e5210VgnVCM100000082ca60a RCRD)

Family based is also heavily backlogged. How can there be flow of thousands of unused visas in Family Based for flow to Employment Based? Even in Family based there are categories 1, 2A, 2B, 3 and 4. The visas will first flow from top to bottom in Family Based. Wouldn't all the categories have to be current before any visas flow to Employment based? I read somewhere that the employment based backlog size is 800,000 applications. :confused: Let's say even if there is a small number of visa flow from Family Based to Employment Based, how can a small number of visa flow from Family Based to employment based backlog be sufficient to approve 800,000 applications?

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vdlrao

08-06 02:21 PM

Its a massive hit even to some staffing comps here

It afftects staffing companies which ever has more than 50 employees, and 50% of them are not us citizens. Can some one confirm this please.

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