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  • i dint get denail notice yet.Denied on april 22 .Getting worried .Is it normal for such a long delay in getting denail notice ?

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  • Hi there

    Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.

    Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.

    A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
    Thanks again Chaanakya,

    I understand that the dependent loses the EAD status when the underlying 485 is denied. However, if the primary applicant is still maintaining H1, then is there a way to get H4 back by staying here in the US. Or is the only way to get H4 is to go back to India and come back here. At this point I do not care about filing an MTR to open the 485, but I need to get back to H4 status.

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  • Hi Guys,

    I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.

    He ask me that what could be the best way to avoid this fees , some of the option that we thought about,

    1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?

    2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer

    3)If US client utilize remit2india, ICICI to transfer money which I highly doubt

    I appriciate your responce on this.
    Ask him to double check if his clients are using credit cards to do the transfers. Using a bank account has 0 transfer fee for domestic transfers. Not sure if the same applies to international transfers but good to double check.

    Edit: Sorry, sanjudba already made a reply similar to mine.

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  • I will support this quota only if it is for the University where I did the masters from. :)

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  • I just received this article from one of my friend and it�s the reality for most of us. This is not to discourage any one. Just thought to share it with you all.
    I dont know the author of this article.
    ************************************************** ****


    As the dream of most parents I had acquired a degree in Software Engineer and joined a company based in USA, the land of braves and opportunity. *When I arrived in the USA, it was as if a dream had come true.

    Here at last I was in the place where I want to be. I decided I would be staying in this country for about Five years in which time I would have earned enough money to settle down in India.

    My father was a government employee and after his retirement, the only asset he could acquire was a decent one bedroom flat.

    I wanted to do some thing more than him. I started feeling homesick and lonely as the time passed. I used to call home and speak to my parents every week using cheap international phone cards. Two years passed, two years of Burgers at McDonald's and pizzas and discos and 2 years watching the foreign exchange rate getting happy whenever the Rupee value went down.

    Finally I decided to get married. Told my parents that I have only 10 days of holidays and everything must be done within these 10 days. I got my ticket booked in the cheapest flight. Was jubilant and was actually enjoying hopping for gifts for all my friends back home. *If I miss anyone then there will be talks. After reaching home I spent home one week going through all the photographs of girls and as the time was getting shorter I was forced to select one candidate.

    In-laws told me, to my surprise, that I would have to get married in 2-3 days, as I will not get anymore holidays. After the marriage, it was time to return to USA, after giving some money to my parents and telling the neighbours to look after them, we returned to USA.

    My wife enjoyed this country for about two months and then she started feeling lonely. The frequency of calling India increased to twice in a week sometimes 3 times a week. Our savings started diminishing. After two more years we started to have kids. Two lovely kids, a boy and a girl, were gifted to us by the almighty. Every time I spoke to my parents, they asked me to come to India so that they can see their grand-children.

    Every year I decide to go to India. But part work part monetary conditions prevented it. Years went by and visiting India was a distant dream. Then suddenly one day I got a message that my parents were seriously sick. I tried but I couldn't get any holidays and thus could not go to India. The next message I got was my parents had passed away and as there was no one to do the last rights the society members had done whatever they could. I was depressed. My parents had passed away without seeing their grand children.

    After couple more years passed away, much to my children's dislike and my wife's joy we returned to India to settle down. I started to look for a suitable property, but to my dismay my savings were short and the property prices had gone up during all these years. I had to return to the USA.

    My wife refused to come back with me and my children refused to stay in India. My 2 children and I returned to USA after promising my wife *
    I would be back for good after two years.

    Time passed by, my daughter decided to get married to an American and my son was happy living in USA. I decided that had enough and wound-up every thing and returned to India. I had just enough money to buy a decent 02 bedroom flat in a well-developed locality.

    Now I am 60 years old and the only time I go out of the flat is for the routine visit to the nearby temple. My faithful wife has also left me and gone to the holy abode.

    Sometimes I wondered was it worth all this? My father, even after staying in India, had a house to his name and I too have the same nothing more.

    I lost my parents and children for just ONE EXTRA BEDROOM.

    Looking out from the window I see a lot of children dancing. This damned cable TV has spoiled our new generation and these children are losing their values and culture because of it. I get occasional cards from my children asking I am alright. Well at least they remember me.

    Now perhaps after I die it will be the neighbours again who will be performing my last rights, God Bless them. But the question still remains 'was all this worth it?'

    I am still searching for an answer................!!!!

    * * * * * * *--- By an Indian SE who was in US.

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  • Sorry to hear that case is gone to wrong office. The (c)(9)() class of EAD filing instruction is that it must be sent where I485 is being processed.

    During infopass visit, officer must have given some clue.

    If I were you, I would be sending the supporting documents with a covering letter stating the blunder. This type of mistake should not be uncommon to USCIS offices and they should have procedures to fix it.

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  • You do not need a lawyer. Just make sure CIS has your correct mailing address and keep watching your cases regularly for RFEs.

    In the event of an RFE, you can respond on your own most of the times. If you think it requires a complex response or if you are not confident, you can hire a lawyer at that point to respond to that RFE.

    I would even say handling your case on your own is safer as I know some cases where the lawyer goofed up by not responding to RFEs. The applicant was not even watching his case status as he had left everything to the attorney and he had no idea about the RFE.

    It is also not necessary to inform CIS about your job change unless there is a possibility that your previous employer may revoke your 140.

    kaisersose - thanx for your input....
    I am not moving so address change might not be issue......and I like your suggestion of watching the case online ourselves....

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  • I don't think it is true. My lawyer said using AP will not invalidate H1B.

    I have seen many people saying they came through AP and extended H1B , some even 3 times.

    Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B

    Thanks Buddy !! PM me when you come back plz.

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  • Democrats want to win Presidential election and increase their numbers in congress based on Iraq and Immigration. They are thinking that if CIR is passed they can project that it is Democratic congress which passed CIR. If they fail they will blame that Republicans voted against and they will make this as election issue. They are thinking in that way. But it will not work. People are against big immigration numbers but they will not oppose moderate immigration increase. But American people are divided when it comes to illegal immigration. If any other issue is burning then immigration will become non issue and democrats will not get any extra votes because of CIR. But liberal immigration is not good for Labor unions(we know democrats are pro-labor also) so that may work against Democrats. Right now it is not sure whether parties are really dedicated to pass CIR or Just for making immigration alive to get political mileage.

    it seems democrats are making this bill so liberal that even liberal republican will have tough time to support it.... in that case democrats can say republican are not in favor of immigrants and Bush is not able to manage any support from his party.... We can't say anything for sure...but a very liberal bill will have really tough time to go through.....

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    I think they are updating the site. Look and fee has changed.

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  • Good work, at least you want to show them what you feel.

    Address him as "Mr.President" in future and avoid using names most of the time.

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  • NSC received my AOS packet on July 24th and all my checks cased yesterday. I file I140 and I485 concurrently.

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  • WHat happens when they return the visa number to DOS? Can they request them again later or these numbers are just wasted for this year?


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  • With so many people changing jobs using AC21, not only IO, everyone in USCIS will be aware of it. Let's discuss something other interesting topic rather when 180days start/end.

    IOs will see your I-485, use some calculator/software to find out of 180days and then say pass/fail. End of the game.

    :) true, a LOT of people are going to be getting very familiar with AC-21/AP/EAD.

    Back when the July VB was first published, even the birth registrar in my hometown knew about the dates becoming current (when tons of parents all landed up in his office within a day or two, trying to get certificates for their children here :)

    Airline folks who used to see a few APs here and there, are now going to be seeing a lot more people APs.

    HR folks are going to be more familar with AC-21 and EAD...

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  • Our case is also in Des Moines,IA

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  • Mine is LC SUB PD May 2001/EB2. File on visa fiasco, no update no LUD on any file other than EAD.

    So do not get angree on people who used LC SUb.

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  • My I-140 was never approved..

    there was a first RFE for my exp letters,

    and then there was an enquiry against Employer
    and then RFE for A2P
    and after answering A@P it is denied.

    while it was pending, during July07 fiasco we applied for I-485.

    Do you know why there was an inquiry against Employer?

    Your case seems different

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  • -Can USCIS offer premium processing on I-485 after they re-capture lost visa numbers ?

    You have to understand the semantics of the system. Probably USCIS can adjudicate the applications much sooner. However, there is no reason for them to do so. Otherwise the number of immigrants that are coming in will only increase. One way to reduce the number of incoming immigrants is to lengthen the process.

    Recieved EAD card and approved AP documents last month, still waiting for approval notices for both... is it normal or a problem.

    Approved document and EAD card is approval notice.

    got the email ... good job ...

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