Anne Hathaway Catwoman

Actually, if you apply for an F1 (fulltime student visa), it will be denied. Why? Because F1 is considered a non-immigrant visa, and USCIS knows that because you filed a 485, you DO have the intent to immigrate. I believe you can just go to school and be jobless on EAD without need for F1. The burden is on you to show that your gc employer sponsor will hire you when you get your gc (if it ever comes up - they can take away your gc anytime at the border/POE, and one question may be are you still working for the sponsor).

This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.


Hello everyone,

I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.

Thx,
Prabhat

Thanks for the valuable inputs.

Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.

If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?

You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.

ganguteli,

there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.

your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.

As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.

Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(

I think we should have a rally or some major IV activity. In this case everybody would get together and for every next activity we may be able to see 10% more members. We should start with a smaller number and then grow bigger. (just a thought)

So spouse can just use the EAD card and apply for a job. What does the employing company ask for when hiring?

What if they do not know what an EAD card is?

Also when can the spouse apply for SSN# after getting EAD card. Is the there a time frame within which one has to get the SSN#?

I am assuming your GC is "employment based".

If so , the basis of your GC application and hence I485 is your employment. The moment you don't have employment , you loose the basis for your application.

By applying for the benefits , you are risking your application for GC. I thought there was a case where a person got denial based on their application for unemployment benefits.

As per the blog from www.immigration-law.com, today is the last day USCIS will accept any Premium Processing requests for I-140s...

06/29/2007: Today Will be the Last Date for I-140 PPS Filing

USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.

I mailed Matthew OH about that. He has corrected the part about e-filing PPS (that's not an option)
He says thats USCIS told him that they have to be *received* today. However, the customer service rep I called said its the *postmark* date. I guess it doesnt hurt to try mailing docs today. At worst, they return it.

vkxml- I dont think that the act of opting to go PP would cause an RFE. Every case goes through the same process. It's not as if there are different rules for processing regular vs premium.

HI Guys,

How do you decide, whether to file at NSC or TSC ?

Good to see approval for July 3 filers. Atleast NSC is on track.

People:

Please pray that EB2I becomes 2008 :)

I desperately want to file for i-485 and get EAD since my job is in shaky ground.

Please pray for me folks.

I am sending a flower with a note to LincolN, NE address.
Could anyone give me the complete and correct address?

We should all send individually the flowers.
--sri

The address -

The Honorable Emilio T. Gonzalez
Director U.S. Citizenship and Immigration Service

20 Massachusetts Avenue, NW
Washington, D.C. 20529

The visa bulletin reads "..Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. "
Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:

I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?

Nothing is confusing here.
140,000 * 0.07 = 9,800 (EB1+EB2+EB3+EB4+EB5) (28.6% + 28.6% + 28.6% +7.1 % + 7.1 % =100%)
Are we not high-skilled? :)

http://www.washingtonpost.com/wp-dyn/content/article/2006/04/05/AR2006040502038.html

EB2 or EB3 ?

I m tensed based on your experience,

How big is the company (your H1 employer) in terms of employees and revenue ?

Thanks for sharing the info.

I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.

Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.

When you first approach the Immigration officer let him know that you are using Advance Parole.

Surrender all your i-94s while leaving. Make a copy for your records (both sides).

I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.

The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.

Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.

To be honest I don't like the title, but it's good to have our voices heard loudly, anyway.

Thanks UKannan,

That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.

Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.

Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.

I see the following in the USCIS website:

"Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service."

Can somebody clarify this please? I applied 485 during the July 2007 fiasco and want to renew my EAD now? Can i e-file with $340 fee?

I am not sure the following question in Profile is still relavent. For new members it does not make any sense.

"Would you attend the rally in DC on Sept 18th 2007"

WD many thanks for arranging yesterday's meeting. Truly informative and very much helpful.
I thank the core on behalf of Michigan group, and truly appreciate the time they are putting into this.
We will not let you down. we will fight at local level until this monster is brought down.
Those who havent joined yet, please do so right now. Do it for yourself, and your family.

i applied in 2003 and got in 2005.. its very simple actually .. u can write to me i can help you out

That is all I did a couple of years ago.
I took the passport of my wife and that was it.