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USCIS - NEWS (http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=68439c7755cb9010VgnVCM10000045 f3d6a1RCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.

I know one case who is very similar to your scenario. during POE they had to hear 5 mins of lecture from officer (rules of GC, like you need to stay here in US or other wise you would loose your GC blah blah blah) other than that they didn't face any issues entering with New GC. do your home work and good luck.

Hi All,

I need urgent help and suggestions for my situations..

I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.

In July'2007 applied I-485 which is pending for myself and my wife as well.

EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.

With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.

1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).

OR

2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.

Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.

If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.

It's very emergency..

Thanks,
Raj.

Did you find out from your employer why they refuse to extend h1b , if you have pending 485, then you can still get a 3 year extension.

Talk to them and find out why they are against extending h1b, may be it is their ignorance, or are they worried about paying the extension money i believe which is like 300$, in your best interest it is good to extend h1b than to use EAD...

KXAN reporter Matt Flener requested the following:

I’m looking to do a story on immigrants that get bad immigration lawyers. You know, the ones that say they’ll do it for really cheap, yet screw everything up. Do you know what I’m talking about?

Also, do you know of any other stories through your affiliation with immigration voice that I could work on? Any place where people trying to get into this country legally are not getting a fair chance.

Sincerely,
Matt Flener
Reporter
KXAN Austin News


Do we have any one here in Texas (Austin would be better as he can come by and talk to you) whose lawyer experiences are a nightmare? Let me know and I can put you in touch with Matt Flener.
Thanks for getting IV a media lead.
pls send all contact info to info at immigrationvoice.org

I would say YOU need that "good luck" more than the members that answered your question!!!

Thanks for your response.

I will stay in touch & keep posting if I need more clarifications in my case.

Until then, Good Luck:)

Shivani.

do i need to send flowers to everyone so that you can ignore this thread...i agree that this forum is not the place for my question. i hope u understand.

Read this on recent news letter ...

MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)

seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...



Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.

Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.

My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.

One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.

My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?

Thanks.

Even for my wife early last year we had issues in the PA DMV, As some others mentioned not all officers are aware of the rules. We did take the PA Fact sheet print out which clearly mentions that people with EAD should get a 1 yr license extension.
http://www.dmv.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf

After showing the same, the officer consulted with his senior and did extend the licence. I am guessing even CT should have some official document as above which you should be able to use.

Dont worry i am sure you will get it extended soon.. As others mentioned just your bad luck.

There may or maynot be Department of Labor involvement here but I think USCIS needs to help up more than anybody

After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.

I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)

I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.

I have been filling up I-485 all day . Online forms sent from attorney but no help with topics. I am confused by these

Visa Number - is this a number that is stamped on your passport when u entered US? My visa in passport expired long time back. I have my WAC number- is that what is required to enter?

Alien Number - is this the I-94 number?

anywhere i can find a sample I-485 filled in ?

Appreciate any help

I'm confused with these too. I asked my lawyer and he told me not to worry about it right now. Just fill the other details.

If retrogression continues Im seriously thinking about retuirning to India in a few yrs once I meet my savings goals. However I have some questions of parents of kids who have been in India/US schooling system.

1) After what grade/standard do you feel that a child born and raised in USA cant integrate into Indian education system. (I was thinking 1st standard).

2) What things can we do at home to prepare child for entry into Indian school system from here. Is Montesorri education most comparable to India Nursery/KG ?

3) Any issues with US born citizen getting admitted to Indian schools (Convent schools - government aided or private). Will it be a competitive disadvantage for US citizens, do they have to pay more fees that Indian nationals ?

Thanks

wooah...i got the problem solved.
The problem we had was, we got the pay from jan to may but the employer gave all the pay just for pay period May instead of individual months.

NY ways, i consulted a attorney and he suggested few things....

Interesting that you got it solved in 3 hours and then came back here to delete your post...

Good luck with whatever it is that you are doing!

Thanks,
Jayant

That's right. I have done just that. Since you are filing a fresh PERM and I-140, it can be a different employer, entirely different job, title, salary. etc. You are only porting the date from the other I-140, nothing else.

Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.

05/23/2007: IMPORTANT CIR UPDATE MESSAGE

For the last two days, the Senate floor focused on the procedural motions as to whether the Senate should take up and continue S. 1348 Comprehensive Immigration Reform Act of 2007. People know that this is the bill which the Senate passed last year and was killed in the House. S. 1348 is this bill which was reintroduced by Senate Majority Leader Harry Reid. By agreeing to proceed and go into debate, the Senate floor at least overcame the opposition by a few anti-immigration Senators.
On May 21, 2007, the Senator Reid introduced, for himself, Senator Kennedy and Senator Specter, a motion to substitute the text of the S.1348 by the bi-partisan compromise which was produced by a bi-partisan group of Senators and White House during the weekend. Accordingly, there was no serious debate about the controversial issues in the compromise during last two days other than Senator Dorgan's motion to amend the Senator's Reid's amendment to substitute S. 1348 to kill temporary worker program. The floor rejected his motion and his motion was defeated yesterday.
The debates on controversial issues in the compromise bill are expected to be heated up from today after the Senate floor passes the Senator Reid's motion to substitute the S. 1348. A series of amendments to the substituted bill are expected to be introduced from today on. This means that those who oppose the controversial poisonous elements in the compromise bill must mobilize their forces to pressure the Senate to amend these poisonous proposals in the compromise. This is the most important time for people to arise and act!
It appears that the restrictionist Republicans opposed the CIR last year on the issues of relief of illegal immigrants including temporary guest worker program and legalization of 12 million illegal aliens in the country. Since then, as affected by the pressures from in and outside of the country, including the swift of position in the Christian forces, Hispanic forces, White House, and other forces, these core groups of restrictionist Republicans shifted their strategies in such a way that they give concession to the issues relating to the illegal aliens including guest worker program and legalization of illegal aliens, and instead focus on strategy to overhaul immigration system to achieve control and reduction of the number of immigrants allowed to come into this country and more importantly to control the types of immigrants allowed to immigrate to this country in terms of the ethnic and racial backgrounds, and immigrants from non-English speaking countries. Underlying the point systems, concept of control of chain of immigrants, and removal of certain family-based immigrant categories are the hidden agenda of the restrictivonist and right wing Republican forces to control immigrants and more importantly immigrants from certain part of the world. This hidden agenda is disguised in the name of the country's need for immigrants who can contribute to the nation's economy. The center of development of this concept and proposal was the Heritage Foundation, the think-tank of the conservative Republicans. This agenda has been pushed forward for the last few years through its arms in various communities, including some immigration groups. They penetrated into some immigrant groups, particularly employment-based immigrant groups, to divide the immigrant community and their supporters.
By now, people have learnt the hidden agenda of the conservative and restrictionist group, and the opposition to the poinonous agenda that are conceived in the compromise is growing fast. It is clear that the country and the immigrant community have to pass a comprehensive immigration reform legislation this year. The way to achieve this goal is to contact with the legislators en masse to remove the poinonous segments in the bill and the hidden agenda of the restrictionists and pass the bill. Accordingly, the amendment process is extremely important to achieve the overall goals of passing the CIR and passing the CIR without poisons. This is achievable since this is the Democrat Congress. This reporter assures the readers that should the Senate fail to pass such workable bill, there will be no, repeat no, CIR legislation enacted this year and in the next few years.
Please copy and send this message to any one or any organizations via email or web posting or fax as quickly as possible!

I think one should have a valid reason to Travel abroad on AP but IO can ask this question at your port of entry. So my understanding is one can apply for AP but should have valid reason to use it (travel) and should be able to satisfy IO at port of entry if they bring this question at your entry. I do not remember if we have any place on AP form to explain the reason to apply for AP.

I will keep you posted.

I am not really sure about the chances of such bills passing. Having an upper limit of 20k per year, similar to the quota for Master's in H1-B, might have relatively better chances of passing. Otherwise, all the anti-immigrant nuts from alipac and numbersusa will derail everything even before anything hits the discussion level...

btw, i read that the alipac founder was called lots of names in a NC newspaper...(details on their web-site)..that sounded like sweet nectar to me...he deserves all of it and more....the way he and all his honchos in their forum ban and bully everyone (not just illegal, but legal would-be immigrants)...just desserts!!!

Well, you don't really have a choice now, do you? If she stays on in the US, she will extend her invalid status period. She cannot apply for a COS to H4 in the US because she doesn't have paystubs. Her only option is to go to India and get an H4 stamped and pronto. As to denial, it's all in the visa officer's hands.

Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore

They seem to be a bunch of chaotic confused folks and don't know what they want.

Cause i cannot make it to the rally.

And why not?

Good news..

Status changed to :- Approval notice sent.

Boy oh boy..what a thriller..

Thanks for all your comments and wishes, I will update this thread, when I hopefully get the visa stamped and come back into the country :)