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  • lj_rr
    09-01 04:21 PM
    Thanks gcwanted101.
    So it looks like G639 is only for requests to USCIS and not for DOL.

    Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
    I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.


    Hey lj_rr

    "Also for the labor copy, should the request be sent to USCIS or DOL?"

    For Labor : you have to send request to DOL.
    For 140 : you have to send request to USCIS.




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  • glus
    11-06 02:30 PM
    If I renew my H1B can I avoid visa stamping by using the AP travel document.

    I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?

    I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?


    Thanks to all for the responses.
    If you renew your H-1B, you can the U.S. re-enter on AP, but you will not receive I-94 with H-1B status and you will be a "parolee," which is not any nonimmigrant status. It is safer to just get H-1B stamped.




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  • jsb
    12-31 10:59 AM
    Dear friends,

    My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
    My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?

    Thanks
    MOnica
    Not sure. AP allows to enter the contry because your AOS is pending. In the meantime until decision on your AOS made, you work on whatever status (H1, EAD etc.). As your H1 stamp has expired, you might need to use EAD.




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  • rheoretro
    08-08 07:33 PM
    ...of meaningless "predictions."



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  • EndlessWait
    06-18 04:00 PM
    Under Part 3.

    What should one put for
    1. Nonimmigrant Visa number
    2. Date Visa Issued
    3. Consulate Where Visa was Issued.

    I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????




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  • Dandruff
    09-27 10:34 AM
    FWIW: Got EAD Card Production ordered for both of us. 9/26

    ND : 8/15
    RD : 7/18



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  • ramus
    08-15 12:41 PM
    Thanks for your contribution and willing to take part in DC rally.


    Sure...Just contributed $100, will do more in coming months.




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  • H1bslave
    11-14 10:27 AM
    At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.


    Well, are you sure I would need to work for this "future employer" for 6 months?

    AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

    Is this scenario different because A is not a future employer?



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  • augustus
    04-22 11:30 AM
    Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.

    Sorry for the confusion. But please do help me if you have any inputs.

    In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?




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  • gbof
    11-20 09:01 PM
    Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.

    Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.



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  • appusheth
    03-19 12:21 PM
    No. The check was with the new fee but dated 2005. As per law, checks dated older than 6 months are VOID.




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  • singhsa3
    11-15 10:01 AM
    We are in agony and pain. Let us scream so loud that even deafs may lend their ears.



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  • ksairi
    05-12 02:59 PM
    Thanks




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  • kaisersose
    12-07 12:05 PM
    A lot of folks are planning to leave the original sponsor after 180 days. My question is, is there any harm in quitting after 6 months as compared to say 9 months or a year? Would USCIS look infavorably on my application if I quit as soon as the AC21 can kick in? Would quitting after a few more months be any better?

    Thanks in advance

    There is no gain in waiting longer.

    What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.

    As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.



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  • chandra140
    08-28 11:09 AM
    Hi,

    Got some info reg my 140 issue.

    First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and later it was rejected because of check bounce issue.

    Again my 140 refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.

    (My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08)

    Got this response from my lawyer:
    we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.

    I am still wondering the USCIS will process my 140.




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  • anandrajesh
    08-15 11:55 AM
    USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.

    Welcome to the Weird World of USCIS where there are no rules to be followed.



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  • webm
    09-25 02:07 PM
    Just to make sure you don't get confused about Answer 3..... No, there is no time limit within which you must get the SSN. You can apply any time for SSN as long as your EAD is valid. But I see no reason why you should wait. Moreover, if she starts working, she cannot get paid until her SSN comes along.

    Let me clarify point 3) again
    I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.

    HTH,




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  • gman
    07-08 07:36 PM
    Did this ever go anywhere?




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  • perm2gc
    08-23 03:41 PM
    No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.
    When you have chance to use EAD and AP..it is always a good option as you can recapture time on H1 if something goes wrong in later stage of GC process

    1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?

    As long as you have valid visa stamp..no problem.(H1 aprroval will not make any effect.)

    2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.

    If you are entering after April2007 and your current visa is expired then you have get VISA STAMP otherwise you can enter on current visa


    3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007? Yes you can.

    Above replies are my personal views only.Please consult your immigration lawyer




    lord_labaku
    11-17 12:04 PM
    Yes. layoffs and labor certs dont mix well. esp. if an american or GC holder worker with the same position as u is laid off.

    It does make sense at a labor cert level...but if u look at this long drawn GC process of 6+ years....it is unfair to the potential immigrant as he is seeking GC for future employment. This is when a point based system like Canada does makes sense....even when economy is down...u continue to immigrate people who are still needed because of their critical skills.




    Asian
    11-21 09:38 AM
    I am all for it. I know some members are bitter about this potential price hike but they can still choose not to, if they don't want to.

    Actually, time is money. We should not underestimate the time value of our waiting in terms of dollars. It would be still beneficial to get the GC sooner despite higher cost and find the better paid jobs without strings attached. Still many good companies are unwilling to hire h-1 b for various reasons. The time value I have lost in years of waiting is a lot more costly.

    As you all remember in economics, when the demand and supply doesn't meet and regulated with fixed price, there is a long line of waiting.

    As the legal process is stuck, many people are considering marriage with citizens, which is not an option for me. If not well thought of before making a decision, many will eventually divorce and the cost will be even more costly for the individuals and to the society.

    Sorry if that title is misleading.

    How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?

    Don' worry about the available visa numbers. Just express your hunch feeling.

    Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?

    I am hopefull of this happening next year.
    What about you?



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