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  • frostrated
    06-18 02:35 PM
    My current visa status is I-140 approved, I-485 pending, EAD and AP approved.

    I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.

    if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.

    In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
    By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
    By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.

    Check with your lawyer before you do anything.





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  • micofrost
    07-15 01:54 PM
    Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.

    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.





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  • H1B-GC
    06-29 03:13 PM
    Talk to your own Health Insurance Company that your Company is Providing and ask for a quote.Even better is through your HR.Ask them to contact the company for adding your Wife. It shouldn't be too difficult i guess.





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  • langagadu
    03-29 03:53 PM
    nope



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  • dummgelauft
    08-20 02:06 PM
    Sir, You while your ideas are defintely ground-braking, my we know, how an "apology form USCIS" will help you with the rest of the "ideas" that your goodself has proposed.

    IMHO, the SINGLE most important "fix" (apart from Visa recpature and such) will be the removal of condition to remain employed, if an EB applicant's application is pending for more than 3..4..or 5 years.

    This alone will bring a lot of stability and peace of mind to the thousands who are suffering.





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  • sainwa
    07-06 01:53 PM
    there are some beginner level shootng courses, inquire at your local gun store.

    make sure you understand the law about keeping the gun (concealed/un-concealed) etc how to carry in vehicle , work safety laws about the gun being present in your vehicle at work parking site.
    if you understand the law well then there shoudl not be any issue.

    Store's are on 6 month back order on the top selling ones. Even if you get one, getting ammo is a big challenge now a days. They are also back ordered for many days due to hign demand.

    I bought some decent amount of gold with my glock too ;)

    Dollar may crash any day in next 2-3 years. that is day , when things will go out of control.



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  • yabadaba
    04-17 02:58 PM
    the perm user manual is pretty detailed.

    What happens is whenever an application is created... a case number/application number is created with T as the prefix (T-123-4567)

    as soon as the information is filled out, everything is updated, all boxes are checked and the lawyer submits the form/application... the case number/app number changes to (A-123-4567 or C-123-4567) for either Atlanta or Chicago (based on where u live).





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  • meyshimmi
    02-10 04:39 PM
    do you think they will?

    On Ron Gotcher's site, they said that they were working to get the fees for the MTR refunded (correct me if I'm wrong)... Because, seriously, if it's wrongful denial, emphasis on the word "wrongful", why would it cost soooo much???



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  • ragz4u
    04-17 01:54 PM
    Hi

    I am new to this group. I have a question regarding my PERM case.
    MY PERM case is pending in DOL from last 10 months. I find this very
    unusual.

    Anybody heard about such a long pending case?
    Are there any suggestion for following up on my PERM case?

    Any advise will be useful.

    Thanks
    -Sahil.

    Is there a way someone can call the DOL? I never received any receipt number from my lawyer, but the PERM was evaluated in 60 days!





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  • WaitingForMyGC
    06-25 09:56 AM
    Bumping up.



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  • Munna Bhai
    12-14 10:16 AM
    Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators� for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.

    It is true that you can use evaluators but things may get tough very soon, hence my request to everyone is "be prepared" and do let us know.





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  • ivar
    03-12 09:57 AM
    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center

    Congratulations !! Enjoy.



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  • EB3June03
    06-25 06:47 PM
    So after going through the medical and knowing that i will have a positive PPD (due to my history of positive PPD), and having clear X Ray results - the civil surgeon said you need to treatment for TB. I was surprised to hear it and as I had read from the CDC website and read the instructions - I saw the Treatment is Recommended - NOT Required and it also mentioned that the doctor should sign Part 5 and the applicant is clear for USCIS purposes and explain to the applicant the implications and recommend going for Evaluation to the health department.

    I showed the points to the doctor but he did NOT want to sign it without any entry in the part 3 and part 4 - which from what i read is for those that are going to REQUIRE treatment.

    Reference :- 2008 Tuberculosis Technical Instructions for Civil Surgeons | CDC DGMQ (http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm)

    View Page 6 of FAQ booklet: http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_faq.pdf
    17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
    The 2008 TB TIs recommend that civil surgeons refer applicants with “Class B—Latent TB Infection Needing Evaluation for Treatment (LTBI)” to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information

    Did any of you folks run into similar situation?





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  • mchundi
    07-28 10:17 AM
    Thanks for the reply Mchundi, however, if i CHANGE the job does the rule for a 3 year H1B STILL apply? I mean how does the 3 year thing apply to me? I only have a little over 1 year on this current H1 (out of SIX years).

    h1b-tristate,
    All this was discussed a few times in this thread and other threads as well.
    http://immigrationvoice.org/forum/showthread.php?t=1216
    --MC



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  • geniousatwork
    09-22 08:46 PM
    My AP was approved on Sep2. Still awaiting the AP in mail.





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  • richana
    05-14 06:59 PM
    I would suggest councillor processing they're higher in the order than the counselor. But Do not try the consular processing because it's too hard to google it



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  • sk26
    04-13 03:46 PM
    In my Query it states as 30 days...

    This is my first post, in this website.

    I recieved an RFE on my I-485 .

    This is a brief summary as to what was asked,
    if I am still working for the current employer, or for an intended future employer.

    1. Specific Job Title
    2. Duties of the offered position
    3. Minimum education or training requirements
    4. Start date of the employment.
    5. Offered salary or wages.

    Mine is EB-2 PD APRIL -04.

    I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.

    Did any one get similar RFE , plase let me know more in detail

    My concern is why would USCIS want to know these details at this stage?

    Thanks
    SK26





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  • vinzak
    04-13 06:53 PM
    i remember someone posting right here in IV that they got their GC when PD was not current. USCIS later asked for the GC back cuz it was given in error.:) To make things worse the poor guy obviously didnt renew his EAD and couldnt work.

    So even if you get GC out of turn, I believe the correct thing to do is to return it. Or it can be more problems.


    Here's the link on that topic:
    http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html





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  • thomachan72
    06-10 11:45 AM
    Hi Gurus,

    I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
    My Visa is expiring in March 2011.

    Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.

    Now my question is that, I am planning to change my job (to employer B) in September 2010.

    Please help with your valuable answers for the following questions:-

    1. How long does it take to get the i140 approved?
    (Regular/Premium)
    Premium should get it done in less than one months
    2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
    Once the 140 is withdraws things can become problematic. It is not very safe as per my limited knowledge
    3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?

    4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
    copies of previous approvals
    5. Does the new job need to be the same title and job requirements as the old one?
    absolutely yes





    absaarkhan
    01-29 10:18 AM
    To Anantc

    Yes She can work as long as the EAD is Valid.





    bkarnik
    07-21 04:34 PM
    I had a similar situation at my work place (attorney is Fragomen...what a coincicence). This was in response to recent stepped up H1B site inspections by USCIS. As a reult, Fragomen recommended that "working from home" or "teleworker" status is not allowed under H1B. So, no more working from home for me :(



     
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