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  #1096 (permalink)  
Old 09-11-2015, 10:39 PM
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Congratulations everyone, there will now be 4 less bastards to exploit immigrant employees like us

Four South Bay residents indicted for H-1B visa fraud - San Jose Mercury News
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  #1097 (permalink)  
Old 09-12-2015, 12:38 AM
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Thats from the excerpts that flyingcrow posted from the lawyer website. Its mentioned Premium processing will be implemented as a part of PERM modernization.

Quote:
Originally Posted by sdeshpan View Post
Premium processing for PERM? Where did you get this information? I don't see anything about a possibility of that happening anywhere...
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  #1098 (permalink)  
Old 09-12-2015, 04:50 PM
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Quote:
Originally Posted by whiteStallion View Post
Thats from the excerpts that flyingcrow posted from the lawyer website. Its mentioned Premium processing will be implemented as a part of PERM modernization.
Are you serious? Lawyer's website. I don't trust immigration lawyers. These are thickest thieves. I never read or take anything written on lawyer website seriously. Why are you wasting your time?
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  #1099 (permalink)  
Old 09-14-2015, 01:17 AM
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Default A few questions

I'm now eligible to file for AOS as a result of the recent bulletin. Wholehearted thanks to IV for this life changing event.

I'm on H1 while spouse is on H4 and recently got H4-EAD that will expire in 2018. I've been in the US for 10 years (continuously).

1) Can I apply for my spouse's EAD (based on AOS eligibility) again with the AOS application? The advantage I see in doing this is that if I travel outside the country and am forced to return on AP (in case visa stamping effort fails), then I'll lose my H1 status and my wife's H4-EAD will be cancelled and she will not be able to work for a few months till she can reapply for a new EAD based on AOS status. I'm however doubtful that I can apply for her EAD again due to the 120 day expiry rule.

Even if I can reapply for the EAD for spouse again, do you believe there is a reason I shouldn't?


2) Is it really required to provide I-864 (Affidavit of support) for employment based GC? Both the starting post (#2) in this thread as well as my lawyer has asked for this. I thought this is required only for family based GC sponsorship.

Even if I need to provide, can I not be exempt since I've worked for 10 years in US and have accumulated 40 credits with SSA?
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  #1100 (permalink)  
Old 09-14-2015, 08:34 AM
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1) Yes, apply for spouse EAD with on I-485. This EAD is not tied to your maintaining H1 and hence less restrcitive. I read somewhere that once they approved 485-based EAD, that EAD will superecede the H4 EAD. Note that you can still maintain H1 while your spouse is using the 485-based EAD.

2) Just do it.
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  #1101 (permalink)  
Old 09-14-2015, 11:29 AM
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anand_787 is on a distinguished road
Default Can I travel to India while my I-484 application is in process under the new system?

Thanks to the IV Members and the Core Team for this great achievement. Appreciate everyone's volunteer service and dedication.

My PD is September 2011. Assuming (I am hopeful, keeping fingers crossed) that my PD becomes available in next month's Visa Bulletin and my attorney files for my I-485 (EAD/AP) by end of Oct 2015, will I be able to travel to India on my existing H1B in Dec 2015?

I need to get my H1B visa stamped as well while I will be in India since that will be an extension.

Please advise. Thanks.
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  #1102 (permalink)  
Old 09-14-2015, 11:49 AM
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Quote:
Originally Posted by anand_787 View Post
Thanks to the IV Members and the Core Team for this great achievement. Appreciate everyone's volunteer service and dedication.

My PD is September 2011. Assuming (I am hopeful, keeping fingers crossed) that my PD becomes available in next month's Visa Bulletin and my attorney files for my I-485 (EAD/AP) by end of Oct 2015, will I be able to travel to India on my existing H1B in Dec 2015?

I need to get my H1B visa stamped as well while I will be in India since that will be an extension.

Please advise. Thanks.
Read this:
Work and Travel Issues Related to I-485 Adjustment of Status Petitions for H-1B Holders - Specialty Occupation work visa and employment visa Requirements – Attorneys in Silicon Valley, New York, Los Angeles, Chicago, Houston, and Austin
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  #1103 (permalink)  
Old 09-14-2015, 02:42 PM
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Thats very useful link.

I am hearing attorneys advising not travel while AOS, EAD/AP application is pending.

Only thing i get from this is, one should not miss the Biometric dates. You can postpone the dates once you get the letter in your mail though, if you have someone(friend/neighbor) access your mails here while you are visiting your home country.
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  #1104 (permalink)  
Old 09-14-2015, 03:27 PM
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Quote:
Originally Posted by sac-r-ten View Post
Thats very useful link.

I am hearing attorneys advising not travel while AOS, EAD/AP application is pending.

Only thing i get from this is, one should not miss the Biometric dates. You can postpone the dates once you get the letter in your mail though, if you have someone(friend/neighbor) access your mails here while you are visiting your home country.
Continuing on this quote, does anyone know approximately after how much time of applying for EAD does one get a response back from USCIS for Biometrics etc? I am planning to leave around Dec mid and back by Jan 2.

Considering I will be gone for just about 3 weeks and things move slow in December, it should be okay. But don't want to take a chance. And can't even postpone the trip since its wife's sister getting married

I will talk to the attorney as well but wanted to get some general idea before I meet the attorney.
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  #1105 (permalink)  
Old 09-14-2015, 05:08 PM
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Quote:
Originally Posted by racoon786 View Post
Thanks for you comment. I read on a popular immig lawyer's website that this could be a potential problem since the employer B job's offer could be questioned by uscis as being genuine. Also, if I get an RFE on the 485 application, would the delay in responding still be counted towards the 180 days or would the clock stop when an RFE is issued?
I think its better you should check with an attorney about what documents USCIS may ask to prove that the job offer is genuine and employer should be ready to provide that. I think if the employer B is ready to support your green card application for 6 months with documents etc, I think you should be good. After 6 months, you can use AC21/EAD to work for any employer.

I think 6 months waiting clock do not stop if there is an RFE since you have to respond to an RFE within 30 days.
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  #1106 (permalink)  
Old 09-15-2015, 09:30 AM
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pandhi is on a distinguished road
Default Medical exam - I485 application

Hi My priority date is Jan 2011 (EB2 I). I am in process of gathering document. My lawyer is advising not to submit medical at this stage because it is likely I485 won't be reviewed within year.

My understanding is as follow
1) Filling cut off date - applicant can submit I485/EAD and AP application if this date is current, I 485 application will be reviewed and processed and put on hold until visa number is available (final action date is current)

2) Final action cut off date - USCIS will assign visa number to processed I485 application whose priority date if now current for final action.

so to summaries query
1) will USCIS wait to review/process I485 application until final action date is current or they can do that as soon as they receive application and just wait for visa number?
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  #1107 (permalink)  
Old 09-15-2015, 10:05 AM
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(1) I have a friend on H1b, he has AP and he wants travel to india. He thinking goes to us consulate for stamping but something happens and denying his stamping then he can use his AP for re-enter in US?
(2) other friend have a valid visa stamp and he wants to goes to india for merrage but the stamp is old employer, he change his company after he came here. He has valid old and new petition. When he come back any problems with POE because old stamp or complsary need new stamp on his passport?
Please advise if anybody knows,. Thanks.
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  #1108 (permalink)  
Old 09-15-2015, 10:57 AM
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On Medicals:

The opinion is divided by lawyers.

Safest option:
If you don't mind the money and trouble, send it with I-485. This will kill the anxiety of not following the instructions on the I-485 form. No risk on having issues when USCIS works on your case. Yes, you will have to do it again later upon RFE.
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  #1109 (permalink)  
Old 09-15-2015, 11:25 AM
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anand_787 is on a distinguished road
Default

Quote:
Originally Posted by anshu View Post
(1) I have a friend on H1b, he has AP and he wants travel to india. He thinking goes to us consulate for stamping but something happens and denying his stamping then he can use his AP for re-enter in US?
(2) other friend have a valid visa stamp and he wants to goes to india for merrage but the stamp is old employer, he change his company after he came here. He has valid old and new petition. When he come back any problems with POE because old stamp or complsary need new stamp on his passport?
Please advise if anybody knows,. Thanks.
#2 He needs to get his new H1B stamped before he can enter US. He should not take a chance to enter US with old H1B stamping. Better be safe than sorry.
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  #1110 (permalink)  
Old 09-15-2015, 01:16 PM
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Quote:
Originally Posted by pappu View Post
You should always ask pros and cons for any advice given. What is the harm if you submit medicals vs not submit now?
Will it delay adjudication or does not matter?
Do you get advice in writing ?
While filling personal information in i-693 form for my wife, should I enter her Alien A# number from her current employer's I140 approval notice; even if she is applying as my dependent?

If answer is yes, will it invalidates her I-140?
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