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  • meridiani.planum
    06-19 03:54 PM
    Hi,

    I am posting this on my friend's behalf. Here's his situation:

    a) He's on H1
    b) Applied for 485 / 765 / 131 through his employer.
    c) Still on H1; EAD & AP approved.
    d) Priority date no longer current for 485
    e) He gets married.
    f) Wife comes to US on H-4.
    g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
    h) Another thing is, she is also interested in working but can't do that on H-4.

    Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.

    Please let me know if it's possible to add the dependent regardless of PD being current or not.

    Thanks in advance.

    She cant file her 485/EAD/AP if the spouse's PD is not current.

    her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).

    However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.





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  • crazyghoda
    07-10 10:25 AM
    The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.





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  • raysaikat
    04-10 12:34 AM
    On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".

    According to the attorney, the RFE was responded to with necessary evidence.

    On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.

    Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?

    Please advise.

    Thanks

    Perhaps you can file I-140 again?





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  • ChainReaction
    02-02 01:50 PM
    You have to apply at HRDC office in the city nearest to where you land. HRDC is Human Resources Development Canada and they issue SIN CARDS. Google it.
    Just make note that they are not open on Weekend. You can only apply for SIN on weekday.

    You also have to apply for Photo GC which will only be mailed in Canada and someone have to fed ex it to U in US else you will have problem getting back to Canada in future.



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  • MyGCPath
    10-23 01:51 PM
    I have received my Card recently. See my signature for detail information.

    I need advice/thoughts from you (Guys/Guru's) on some of the questions below. Any response will be really appreciated.

    1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?

    2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?

    3. Anything i should be aware or concern about these situation?





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  • snathan
    04-13 01:29 PM
    Hello IV Freinds,

    I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.

    I appreciate IV for providing this website for sharing our immigration issues and concerns in this long journey.

    Good luck to all IV members who are still awaiting for good day to come.

    Thanks,

    Conguratulations...do you consider to donate anything to IV...



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  • STAmisha
    07-27 10:10 AM
    Thanks.

    But here is my situtaion

    My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
    Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140


    Oprion 1

    Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC

    Options 2

    Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485

    option 3

    keep 1st 140/485 which was applied earlier.
    Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140

    option 4

    keep 1st 140/485 which was applied earlier.
    Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.

    Please advice whether all these options are Do'able and which is better





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  • go_guy123
    07-14 09:51 AM
    easy way out :) mexico to san diego

    Another addition....Mexico to San Diego and claim to be Cuban.....and GC is on the way.



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  • dixie
    08-18 01:42 PM
    Maybe. But parallel filing itself has been dysfunctional ever since retrogression hit. Talk of replacing one dysfunctional system with another.

    Correct me if I am wrong.

    They started premium processing for I140 so that they could stop parallel filing of 140 and 485.





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  • STAmisha
    11-17 07:28 AM
    Please share your experiences with this conversion?

    what is the procedure?



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  • gconmymind
    11-14 11:59 AM
    I just received all the receipts for I-140/I-485/I765/I-131 from TSC.
    As some stupid questions:
    - I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
    - If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
    - Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
    - any small clue will be greatly appreciated.
    Thanks.
    - The A0XX XXX XXX is the A number or alien number
    - Nothing good or bad. It is sometimes there on the 140 approval notice also. It is there on 485/765/131
    - No one knows when you will get your GC. Your PD is old so you may get lucky soon...





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  • jsb
    05-17 11:14 AM
    thanks for the response. But is it normal, anyone else in similar situation?

    Yes, I know a couple of people who got GC and but their spouses are still waiting after more than a year. It could be due to lack of information they check from various agencies, such as home address (particulary if spouse is not working)



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  • snathan
    05-29 03:46 PM
    Hello,

    My PERM case was filed on mid-May and got audited on May 28.

    Will it be appropriate for me to join you all for the complaint or if my case is too recent?

    Thanks.

    This thread is closed.
    Post your query here.

    http://immigrationvoice.org/forum/sh...=16#post251110





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  • EndlessWait
    12-30 06:48 PM
    if not ..u should take a chance



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  • anandrajesh
    03-30 09:32 PM
    No Bro. I told them when i came to US in 2000 the salary was 1/20 or 1/25 of what I can make in US. So US was an attractive option. Now the salaries in India are close to 10 lacs per annum, it turns out to be 1/4 or 1/5 of what i make here. With less taxes, less cost of living and facilities in india good enough i guess i live a happier life in India than here.

    SO i was presenting him my point that moving back to India may turn out to be a wonderful decision than getting stuck here. If every highly qualified immigrant take this decision and leave, US will be at loss. I did manage to convince him that losing us is a bad thing for US economy. That is how he managed to portray my story in a good way.





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  • tabletpc
    03-18 01:40 PM
    rrk,

    you ned to be more specific about your situation in order for us to give our 2 cents.

    1. Did you get EAD thru your spouse...???

    2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.



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  • rayen
    05-13 08:53 PM
    Experts,

    My friend got a letter from USCIS saying his H1 B transfer got Denied due to Client Contract / Letter.

    1. Is he out of status?
    2. He can appeal with proper evidence to show that we have contract..with clients..
    3. What si the procedure.. pelase advice

    Thanks in advance.





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  • Norristown
    11-07 04:00 PM
    My wife's EAD was also sent back even though we haven't moved. She got all her other receipts. I didn't have her name in the mail box. Wondering if it is the reason but again she got all her receipts, ad parole. We called USCIS they opened a Service Request. It will take a month minimum.





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  • rbkrao
    09-12 01:20 PM
    There should be a way to mention the no of Green Cards applied for in a family. I could vote as EB2 . but in my family I applied for 3. this count also should be captured right?





    sparky63
    November 21st, 2005, 11:41 AM
    I agree that #2 is the sharpest, but I like #4 best. The smoke trails from his nose and mouth give the shot a little extra interest ... almost makes the smoke a second subject or character in the shot.





    chantu
    02-29 12:24 PM
    Thanks guys for your replies. My employer has more than 100 consultants and I think it is a stable financially. I never had any problems in my salary. I was paid on time always.

    So you mean after appeal they can approve my I140?

    I do not know my PD. But my labor was filed sometime in Dec 2006.