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  • godspeed
    10-27 01:38 PM
    visit my blog, it has to-do's after GC.
    enjoy
    Hi All,

    After 7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......I feel so relaxed now.

    However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.

    following is the current status in the online status of my 485:


    Post Decision Activity

    On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.




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  • actonwang
    01-18 12:42 PM
    yes. i agree above

    I think the author is referring to the first step (labor) which INS will undoubtfully reject a lot of applications if in recession or in down time.




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  • file485
    04-08 08:10 AM
    please check out if valid i94 is good enuf at port of entry, if visa is expired in p.p possibilty of not crossing border can happen.




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  • Eternal_Hope
    02-08 08:48 PM
    There are two aspects of free trade - free flow of capital and labor.

    Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
    1. Labor flow to where the work is (from developing countries to developed countries)
    2. Work transfer to where the labor is (outsourcing)

    Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.

    Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.

    Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.



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  • webm
    05-05 04:37 PM
    You missed the 2 year EAD and AP man. ;)

    This is still under review by USCIS..man..not finalized yet..fyi..




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  • srarao
    07-23 11:30 AM
    Hi
    Just to know who signed ur I-485 at NSC



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  • shana04
    12-31 01:54 PM
    If you had bothered to search these forums you would have got your answers in 5 minutes. However its just easier to ask something and sit there waiting, right? instead of reaching out, researching a bit?

    Now that someone has answered your questions, would you consider atleast contributing (http://immigrationvoice.org/forum/showthread.php?t=15905) to IV? The same questions you have asked here, if you ask some of the good lawyers, would have cost you $300!

    Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.

    People come to IV because they think that there are some good people who would suggest and help.

    And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.

    And IV is an org and it at their wish and will of individual whether to contribute or not.

    so please do not force any one.

    Good luck to you.




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  • nixstor
    04-08 10:18 AM
    Hi all,

    One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.

    I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.

    Please let me know, if any of you agree with him.

    Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..



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  • xyzgc
    01-01 01:37 PM
    Dear fellow IV'ians,

    I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.

    I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!

    It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.

    I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
    {PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}

    And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.

    Happy to note that your trial and tribulations have come to an end. I had very similar issues back in 2001-2




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  • jayram123
    07-18 07:29 AM
    short visits in this case should not reset his 365 day clock. days of this short visit will just not get counted towards the 365 days.


    If I was in your position, I would try getting him here immediately and then try applying for 485 ASAP so he can get his EAD. When you are so close, he doesn't need a new H1.


    I would also bring him up here earlier since medical exam and all that takes some time. You may not be able to do this if you have a really short timeframe.



    Good Luck!!!



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  • dixie
    07-03 10:23 AM
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.

    Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!




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  • FinalGC
    05-15 11:32 AM
    shujaat:

    send your all your transcripts to www.wes.org and ask them to evaluate your transcripts. They will confirm whether your education is equivalent to US Education or not.

    My wife had a BA (3 years) and BEd (1 year) and after the evaluation, they considered it equivalent to a 4 year US degree with Bachelors degree.

    Based on what you said, the lawyer is right, however you can use the EB2 stream using the BS+5 years requirement, rather than the MS requirement.

    Hope that helps



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  • chirutha
    09-26 05:15 PM
    Hi GC_SUCK, Congrats, can you send your details of dates in all stages, will be informative for us, thanks.




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  • rb_248
    01-18 09:22 PM
    Mine got approved in 6 months....Receipt Date - 7/5/2006: approval date 1/4/2007
    Mine is EB 2



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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.




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  • aat0995
    08-07 11:50 AM
    Mine was transferred sometime in Nov or late october of 07. They didn't do anything until the date for I-485 became current on 1st august. However, it might be just a co-incidence as my I-485 is still pending. So I am probably not under PPP program going on in TSC.



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  • stirfries
    03-21 06:16 PM
    Hi Stirfries

    I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!

    Thanks for your response, there might be light at the end of the tunnel..!!!

    I hear ya !!! End of the day, you alone is responsible for your action !!! :) I know how difficult it is, when you get different information from different people !

    In my case, whatever information that I am giving you, is not based on hearsay. It's actually my personal experience. My spouse was supposed to leave the country in November 2009 and I got in touch with my Immigration attorney and this what he had to say...


    Dear XXXXX -

    1. The USCIS will take approximately 75 days to process the AP document. He/She must be present in the US when the AP document is filed. He/She can travel internationally while his/her AP extension is pending.

    Ofcouse with the caveat that, that the person who is travelling internationally cannot enter into USA without a valid AP document. In our case, my spouse applied for her AP extension while in the country, and then she left the country. I received the approval sometime on December, 2009 and I mailed her the AP document and using the AP document that I mailed, she re-entered the country.

    Ofcourse, you can say, I got lucky !!! May be, what I did was against the rules...May be, my attorney is an idiot and didn't know what he was talking about !!! :)

    Like I said, End of the day, you would have to make an informed decision coz you alone is responsible for your actions !!! I hope this information helps you make the right & safe decision !!!

    Good Luck !!!




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  • abhishek101
    05-28 07:28 PM
    It does not matter who you are working for what matters is where you are living. Let's say there is a theft at your home while living in US, will you call Canadian police or US cops?

    If the answer is US cops then the answer is very straight forward, you have to play by the rule of the land where you are living,

    there is only one exception

    If you work in a Embassy then you are on the autonomous land of the respective country, so if you are planning to work for Canadian Embassy then you will not need any US visa.




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  • India76
    09-17 01:20 PM
    Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
    I would like to know our options to reenter the US.

    Our status:
    1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
    2. We both have Valid AP and is expiring in feb 2011.
    3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
    4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.

    My questions (I know this has been discussed many times in different threads but its all spread across with different information):
    1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
    2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?


    Please advice as soon as you can.
    Thanks




    mpadapa
    01-21 12:57 PM
    Caliber, sorry to miss U'r presence. Hope you R actively working on the letter campaign

    Due to some unforeseen situation, I will not be able to attend. I participated in the poll that i will attend. But now I will not be able to attend. Sorry about it.




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