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  • tjayant
    10-17 02:53 PM
    My school said I'm not eligible





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  • amar123
    11-24 05:03 PM
    Hi All,

    Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.

    I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:

    1.
    USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
    If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.

    2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)

    The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.

    Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."

    Thanks,
    Amar





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  • GoneSouth
    07-27 10:39 AM
    Thought folks might find the following interesting.

    I recently returned from a visit to Canada where I stayed with my brother-in-law, who owns a small but very successful web development shop. He told me that due to the booming Canadian economy, he can no longer find experienced programmers at reasonable bill rates. So he's been doing some outsourcing to get cheap foreign labor ... hiring American programmers !





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  • bayarea07
    02-05 05:56 PM
    Thanks @hibworker
    Have you tried this option before.

    You can use existing visa + new approval notice. Make sure that on arrival the I-94 is stamped until expiration on new approval notice and not the visa expiration date.



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  • tabletpc
    03-27 03:54 PM
    No stages ..only worries and surprises...!!!!





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  • KLKJ
    06-16 06:26 PM
    I' am new here and find it hard to find my way through the "post all you want wherever you want":) feel that this forum gives me.
    Anyways, is there anyone out there waiting on an EAD from VSC? I hoped to see an EAD section or service center section on the forum but...
    I e-filed since November 3rd 2009 for EAD and did submit absolutely all required info, did biometrics in Feb.2010 not without having to inquire couple of times about the progress of my case. To this day I have received nothing that makes sense. It is an initial card.

    Yes, I have done plenty of SRE, calls, mails with return receipt until I saw a movement on my case status. My card was mailed on May 26 2010. To my surprise, after 7 painful months of wait for a card that should take around 3 months; the card for some reasons (that the post office refuse to accept as being accurate) was being returned as undeliverable on the 1st of June and again the 8th of June:confused::confused::confused::confused:: (I did call USCIS between that time time period to provide the address they already had!!!).

    I have not moved at all lately. The last change of address that I did was done by mail with return receipt, online, over the phone and I did receive a mail back at my new address stating that I did update my info. It was done in Novedmber 2009!!!!
    Out of the blue, the address at which I received my biometrics appointment and all other documents following the many calls and inquiries was not right when it came to mail my card....:D

    The post office that I did contact told me they had no reason to not deliver that particular mail since, yes my full name is displayed on the mail box, and yes it is a house not an apartment so less mismatches an all my other mails were dlivered... I have of course updated the address that they already have couple of times already but all I can do is wait ... Oh and I did the infopass as well, they could only type a note and give me a number linked to the inquiry like I get all the time. My DL expires tomorrow and the DMV won't renew without EAD or GC ...new policy at DMV!(my I485 is pending on I360 approved)

    That's where my actual burden is because I have to drive myself to school and not being able to do so is just a living nightmare for me.
    Now that you get the picture, I wonder if anyone who filed for an EAD at VSC since last year is still waiting? Is there any special backlog at VSC for EAD's that could help me start to understand what is going on here?



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  • Irs
    03-03 09:34 AM
    I always feel the indirect money flow is not counted for.......





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  • codywang
    02-08 02:11 PM
    Yes, my EAD was approved and stay with same employer. What happen if I don't go out of country after I get a fresh H1B approval notice?


    Yes, you can renew if your 140 is approved, i have done mine, my H1B was expired and used EAD for 2 months, and again file fresh H1B and got approved and went out of country to get stamp done,
    Thanks,



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  • lost_angeles
    07-14 11:51 AM
    Hello,
    I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.

    Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.

    Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.

    Thanks.





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  • indian
    12-14 03:16 PM
    Well, the 109th congress already passed part-I of the whole process: changing the US laws to allow special exception for India.

    Once the President signs this, they have to negotiate the so called "123 agreement" that is a bilateral *binding* agreement between US and India. It will again have to be approved by congress.

    I don't think anyone here knows how long will it take for the "123 agreement" to be concluded and presented to congress for approval. But once it does, expect desi resources on capitol hill to be again busy with it as their top priority. And that would shut us out for the period this stuff is pending in congress.

    So what I am saying is that the window between now and when the "123 agreement" shows up in congress for approval is important and we should not miss it. At the very least we should be aware that this is coming and plan accordingly.

    Indian.



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  • SlowRoasted
    04-24 10:34 PM
    oooooo, that is a great one dude.





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  • puddonhead
    08-17 04:40 PM
    HI

    I filed this week my N400 based on a 5 years rule;

    I am a freelance book writer and a web market engeneer;
    In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
    the trip lasted 5 months,

    I attached my taxes for the last 5 years to the application:
    will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?

    AM I in trouble when I show up for the interview? I am concerned

    pls advice

    thank you


    I dont think international travel should be a problem as long as you have spent more than half of your last 5 years in the US.

    I have heard (IANAL - so please double check) Unemployment benefit is an insurance claim. Your employer (and indirectly you, in the form of foregone salary) paid the premium for it while you were employed. It is technically not supposed to be a government dole. So technically, even that is not supposed to be a problem.

    Why dont you spend a few hundred dollars to get a consultation with a good immigration attorney? The potential impact if something goes wrong is way too much for you to rely on questionable advice from strangers in an internet forum.



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  • satyasaich
    06-14 08:16 AM
    I'm also seriously planning to file on my own. Well, there is no law that stops us, but certainly needs some tips from experienced people.
    Infact as per the checklist, i have all the documents except a letter from employer. That i can get anytime. my big question is are there any other documents that need to be put together (which are not in checklist)

    Any help seniors????

    Gurus...

    Can I file 485 on my own. My 140 is approved.

    If so, what is the procedure.

    Thanks





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  • ivar27
    11-08 01:07 PM
    ok thanks



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  • ckumar
    09-12 03:24 PM
    Hi,

    My wife is on H4 and willing to apply for H1-B. Her educational qualifications

    1.)High school education(12 yrs)
    2.)BCA(Bachelor of Computer Applications)- 3 yrs
    3.)2.5 yrs of IT experience
    4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).

    Is she eligible to apply for H1-B for next year 2007

    Thanks,
    Kumar





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  • agiridhar
    04-17 12:24 AM
    Looks like from the posts from the main page that its a love-hate relationship between these job-shops. And the problem is analogous to chicken & egg problem, one can never understand who is insane and one cannot survive without the other.

    Also may be this cannot be generalized but must be dealt on case by case basis. As every individual and entity and their circumstantial situation is different.



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  • senocular
    10-27 08:42 PM
    Stop wasting your pixels!





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  • hibworker
    11-24 02:14 PM
    H1B for 2009-10 can be applied at any time with immediate or deferred start date.
    H1B for 2010-11 can only be applied on or after April 1, 2010 with start date of Oct 1, 2010 or later.





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  • gc_chahiye
    01-04 01:24 AM
    I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.

    Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b

    Thanks

    If you want to keep your H1-B beyond 6 years, I dont think you have any other option! You have to have your own LC>365 days or approved I140.





    rajuseattle
    03-02 12:55 PM
    rajpatelemail,

    U said it right, I dont know why IV admin/moderators keep allowing such abusive language in the IV forum.

    IV forum is suppose to help legal immigrants dealing with different immigration related situations, instead now its turning into the forum where people started hatred.

    IV admin please intervene and stop these kind of posting, which hurts IV's cause.





    coopheal
    07-09 08:03 AM
    Could some one please clarify?

    My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!

    Thanks

    As soon as your wife used EAD, her H4 status was gone.

    For you it would still be safe to continue working on H1.
    Your advantages are:
    1) Having dual status (H1B and AOS) is better than one.
    2) You do not have to worry about EADs for yourself.



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