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Tuesday, June 7, 2011

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    06-16 08:19 PM
    I am in similar situation in regards to my wifes H1B and EAD situation. Following is my understanding but could be wrong. there are gurus in this forum who have been digging rules for years and would certainly point out any indiscrepancies in my reply. Make sure you keep reading the thread for a couple of days.

    I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

    >>>WAS your COS (Change of status) applied while filing for H1B ?

    What will be my status untill Oct 1st from the day my H1 is approved?

    >>>You will be on H4.

    Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?

    >>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).

    >>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.

    What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?

    >>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.

    What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?

    >>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)

    What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
    >>>No idea.

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  • Saralayar
    10-10 03:44 PM
    November's visa bulletin is a wild card. Can expect anything.
    Something or Nothing...:D:D:D:D

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  • willigetgc?
    08-04 08:31 AM
    I would think writing back to the Senator's office regarding your email and the unrelated response you got from the office has frustrated you, as the Senators does not seem to understand the problems, and therefore you are asking for an appointment to meet with the senator and explaining it personally.

    You may not get the appointment to meet with the Senator, but you will let them know how badly they are screwing up constituents complaints. By following up and actually meeting with an immigration staff members in the Senator's office will be good.

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  • wandmaker
    03-16 06:47 PM
    My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????

    Please correct your profile


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  • detroit2009
    07-10 10:43 AM
    ANYONE please!!!!

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  • desi3933
    07-05 03:32 PM
    Please note that I joined the H1 employer and later got an H1 transfer approved also.


    I am little confused now. Did you get another H1/H1 transfer recently.

    Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.

    It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.

    Not a legal advice.


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  • chanduv23
    09-15 04:22 PM

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  • Green_Print
    07-09 11:59 PM
    If people decide to contact the hospital (personnel & patients), lets be considerate, appreciative and sympathetic to their sacrifices and contributions.

    We can extend our gratitude towards them while politely highlighting our cause and unfortunate situation.

    They'd probably realize that the flowers they are receiving is not because of USCIS is heartfelt sentiments' for them but due to a mere face saving tactic, they might even refuse accepting flowers causing further embarrasment to USCIS hopefully prompting some constructive action.

    Guys, please post your comments as we need to act on this fast.

    Its pleasant to hear that USCIS will forward the flowers sent by IV members to Walter Reed Army Medical Center, and Bethesda Naval Hospital. This is an excellent idea. However the people who fought for freedom, and are recovering at these hospitals should know: what these flowers are all about and who is sending them.

    We should write emails to these hospitals to educate them about this flower campaign and urge them to accept the flowers and support our just cause. Please suggest a good template for the email, supporting our troops and asking them to support us. IV core should help with this and co-ordinate this event. This can become a next step in our peaceful protest against USCIS. If we can gather the support fom these hospitals that would be a major success. After this email campaign, hospitals may accept or reject the flowers forwarded by USCIS, but we will score a major win in either case. This will become our second round of publicity in media for our flower campaign. Please comment on this idea.

    Please find the web site and contact emails for both the hospitals:

    1. Walter Reed Army Medical Center
    On the botton right corner, there is a link: Email the Hospital

    2. Bethesda Naval Hospital.
    Email link:


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  • msp1976
    12-22 12:59 PM
    It is required of all irrespective of citizenship status to respond to a Jury summons. Not responding is considered contempt of court. The court can issue an arrest warrant for you..Always respond to the Jury summons....

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  • yabadaba
    07-02 09:47 AM
    if you really doubt.. then get the hell outa here you illegal jerk. go back to your gas station.


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  • ivar
    04-29 09:43 AM
    when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..

    finally i got the 140 from my employer..and my date was ported its all good.

    Happy to know that you got your I-140 approved with old priority date. Is there any link or formal document which suggest that we can file new I-140 along with a copy of old I-140 to retain older priority date. My attorney doesn't agree to this, he says that we need to get the new I-140 approved first and than file for porting the date seperately. If there is any link or document which can suggest that we can file new I-140 with copy of older approved I-140 it will be of great help. I appreciate your reply to my post.

    Thank you.

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  • gc_chahiye
    10-26 03:52 PM
    W... For regular applications, they don't even have a column asking for any valid reason.

    Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:

    An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or

    but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).

    Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.


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  • rvurady14
    04-13 02:24 PM

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  • needhelp!
    11-12 03:46 PM


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  • GCInThisLife
    07-18 05:44 PM
    thanks for posting.. may be junior members do not have permission to post attachments..:)

    Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)

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  • gsc999
    09-14 02:54 AM
    Can you guys think of an Immigration Voice jingle. A tune that is catchy.
    IV members who have an eye for lyrics and music lets see what you got.

    Let me try:
    "Immigration Voice, Immigration Voice, Immigration Voice Rocks!

    When dark clouds of labor backlog envelops my domain
    Immigration Voice is one sure place that can help my spirits regain

    Lot of questions and a long wait for my green card
    Immigration Voice is where I get sage advise from the bard

    Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
    In the dark storm, one shining light, like minded people who share my plight

    One day I will wake up from this nightmare,
    I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care

    One day soon, I will become a proud story,
    One more American dream, till then Immigration Voice makes me forget my worry

    I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
    Silver lining on a dark cloud, one single ray of hope

    Immigration Voice, Immigration Voice, Immigration Voice Rocks!
    Please improve



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  • srikondoji
    06-15 09:33 AM
    We should start somewhere to get heard. But again the media, government has too many other important issues to deal with and our issues may fall on deaf ears. We should still continue to make noise with a hope that we will get noticed.

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  • jasmin45
    07-16 08:58 PM
    Interesting to know this.. but it could be just the person whom you talked to.. did not mean to play down your enthu.. its just my thought as USCIS/NSC cannot afford to have another round of communication issues over the mess that they have presented us with "effective" communication between DOS/USCIS on June 13th and July 2nd.

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  • yabadaba
    07-23 07:09 AM

    08-25 10:28 AM

    when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.

    i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.

    06-11 05:26 PM

    This is a similar advice (complaining to DOL) that you gave me about my employer's non payment for 4 months.

    Would you kindly elaborate on what kind of protection an employee has, once he complains to DOL about employer and the employer retaliates by firing employee and revoking his petition.



    1. Send an email to the employer
    2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
    3. If you have not received your dues, complain to your DOL immediately

    I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.

    - cheers

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