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  • maash10
    08-11 04:51 PM
    bump





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  • H1BEERFE
    05-08 08:08 PM
    Employee Employer Relationship RFE is issued for my extension and my employer is replying. Just want to know the answer of above questions now.





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  • IVFOREVER
    09-01 12:52 PM
    I suggest you instead put the same effort some where else to earn the amount you lost to USCIS.





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  • tbo
    04-06 11:34 PM
    so old but very funny for some reason



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  • tennisfan
    05-08 09:59 PM
    Hello,

    I filed 485 and also obtained EAD and AP. My wife has her own H1b through her employer, but used the AP from my 485 application once to enter the U.S., so right now her I94 shows an �AOS� status without an expiration date. Now her employer just filed H1b extension for her and the case is still pending.

    My question is:
    1) Can she travel internationally while her H1b extension case is pending and come back using AP? I was told this could void her H1b extension application according to the �last action rule�, is that true?

    2) If 1) will be a problem, could it help if she stays aboard until her H1b extension gets approved and have the document mailed to her before she comes back?

    Thanks a lot





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  • srarao
    09-29 01:18 PM
    Guru's please



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  • cdeneo
    05-14 04:25 PM
    Valid AP is enough to travel - no one should care about your EAD if you are entering based on your AP. Ofcourse, always carry a copy of the I-485 and your wife can say that you are the primary applicant if they ask for her work status, etc...

    Traveling with an AP (w/o EAD) should not be an issue. Good luck!





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  • Macaca
    10-30 08:54 PM
    Honey, They Shrunk the Congress (http://www.nytimes.com/2007/10/30/opinion/30tues4.html) By ADAM COHEN | New York Times, October 30, 2007

    President Bush�s nominee for attorney general, Michael Mukasey, was asked an important question about Congress�s power at his confirmation hearing. If witnesses claim executive privilege and refuse to respond to Congressional subpoenas in the United States attorneys scandal � as Karl Rove and Harriet Miers have done � and Congress holds them in contempt, would his Justice Department refer the matter to a grand jury for criminal prosecution, as federal law requires?

    Mr. Mukasey suggested the answer would be no. That was hardly his only slap-down of Congress. He made the startling claim that a president can defy laws if he or she is acting within the authority �to defend the country.� That is a mighty large exception to the rule that Congress�s laws are supreme.

    The founders wanted the �people�s branch� to be strong, but the Bush administration has usurped a frightening number of Congress�s powers � with very little resistance. The question is whether members of Congress of both parties will do anything about it.

    Congress is often described as one of three coequal branches, but that is not entirely true. As Akhil Reed Amar, a Yale law professor, observed in �America�s Constitution: a Biography,� Article I actually makes Congress �first among equals, with wide power to structure the second-mentioned executive and third-mentioned judicial branches.�

    Article I, which describes Congress�s powers, is the Constitution�s first, longest and most generously worded article. It gives Congress a wide array of specific powers, but also broad authority to pass laws that bring to life �all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.�

    It would be hard to recognize that powerful Congress today. In part, that is because Congress has been unwilling or unable to enact laws on the most important issues facing the nation � Iraq, immigration reform, health care.

    Just as troubling, though, is how it has allowed its institutional power to erode. President Bush has regularly issued signing statements � including on critical issues like the ban on torture � that assert his right to ignore new laws at the same time as he signs them. These signing statements are not just talk. A report by the nonpartisan Government Accountability Office states that in nearly one-third of the cases it looked at, after President Bush issued a signing statement objecting to a provision of a new law, his administration did not implement it as written.

    The Senate has routinely confirmed judicial nominees who make no secret of their belief that the president�s power should be sweeping, and Congress�s sharply cut back.

    The Senate confirmed Jeffrey Sutton to a federal appeals court judgeship even though Patrick Leahy, now the Senate Judiciary Committee chairman, observed that as a lawyer Mr. Sutton �aggressively sought out cases to limit the power of Congress to enact laws protecting individual rights.� It confirmed Janice Rogers Brown to the powerful United States Court of Appeals for the District of Columbia Circuit even though she had suggested that much of the legislation passed during the New Deal � including the Social Security Act � was unconstitutional.

    There are things Congress can do. It can start by speaking out about the importance of Congressional power the way the administration has talked about deferring to the commander in chief. Congress should pass laws that support its own power � like a bipartisan one that Senator Arlen Specter, Republican of Pennsylvania, has introduced to nullify the impact of signing statements.

    The Senate should refuse to confirm nominees who do not take Congressional power seriously. And Congress should make clear that if the executive branch will not enforce its subpoenas, it will use its own �inherent contempt� powers to do so.

    Right now, standing up for Congress may appeal more to Democrats than Republicans. The issue of reining in presidential power is beginning to gain traction among conservatives, however, as they contemplate the possibility of a Democrat � particularly Hillary Clinton � as president.

    Defending Congressional authority should not be a partisan issue. The founders wanted a strong Congress because they understood the importance of ensuring that the most democratic branch have a strong say in how the nation is run.



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  • ivoiceuser
    02-11 05:47 PM
    Hello,

    Here is my situation :

    1) Labor filed in EB3 in June 2004. The labor was filed in non-PERM and approved. I-140 was filed in Aug 2007 and it is approved in Dec 2008 with Priority date of June 2004

    2) Labor filed in EB3 with same company in May 2006 through PERM. Got approved in 2 months and I-140 applied and approved within 12 months in April 2007. Priority date is May 2006. Applied for 485 in Aug 2007 and have EAD/AP based on it.

    I am no longer with the company (quit after 180 days after 485 was applied) and am working for another company on H1B using AC21.

    Question is, can I port priority date for 485 processing from May 2006 to June 2004 in my case where I have changed employer. Note that by time June 2004 I-140 is approved, I am no longer with that company.

    Regards,
    ivoiceuser





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  • arun397
    07-18 04:06 PM
    Thousands of innocent people are stuck with the delay in FBI name check for more than 3-4 years. If IV can do some thing for this



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  • sidd
    09-27 09:40 PM
    Hi there.....Even I want to find out if I-131 (AP) can be RENEWED without paying the fee when I-485 has been filed with the new fee structure. The USCIS site has not mentioned anything regarding the renewal fee for I-131 in this case (whereas it is clearly mentioned for the EAD). Is there anyone who can share his/her experience of AP renewal without paying the fee?





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  • tabletpc
    06-11 12:15 PM
    My attorney is asking $500 for filing both EAD and AP as filing fee. So was wondering how difficult it is to file by my self. Does anyone has expereince filing for renewal.?



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  • gk_2000
    11-19 02:08 PM
    There is this para from Ron Gotcher's web-site:

    Typically, visa backlogs are reduced by issuing visas and thus removing people from the demand list. In this case, the movement is due to decreased demand � people with approved petitions on the waiting list simply aren�t applying for visas.

    (Whole article here: Home - Information from the December Visa Bulletin (http://www.immigration-information.com/forums/content/190-information-december-visa-bulletin.html))

    The article says that dates have moved forward because the people whose dates are current, have not applied for their visas

    And suppose we could do the same -- if no one applies the gc even once the PD is current, there will be forward movement.... then WHAM! In one go, all could apply

    Anyway, just a thought (or you may call pipe dream :) )





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  • grimreaper
    05-12 10:55 AM
    :)On a lighter note, the USCIS is going to start issuing Green cards that are actually Green. So now as the name suggests, the cards are going to be "Green".

    USCIS - USCIS To Issue Redesigned Green Card</br>Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ab8c3893c4888210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)



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  • vikrant29nov
    03-10 11:36 PM
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  • arnet
    06-12 03:22 PM
    :confused: anybody has idea/answers abt this issue?



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  • satyasrd
    09-18 11:01 AM
    Hi,

    My kid brother (15 years old and US Citizen) lives in India with my parents. They are quite elderly now to take care of him and we were thinking of bringing him to US legally to live with us. We want to adopt him so that he can have a good lifestyle here and have no issues legally in future. Is there anyone who has gone through similar case before ? Also, I wanted to ask if there are any attorneys that specialize in cases like these ? If so please let me know and I would like to hold a consultation asap.

    Thank you for reading.





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  • san3297
    02-17 03:34 PM
    Hi guys,
    MY H1b extn is due in November.But as my marriage will be in May or June i need to go to india.My employer says he can file h1 Extn only before 6 months of expiry.
    My question is cant he file for H1B extn before 6 months.
    Can I file for extn and leave to india while H1 extn is under process.
    If i file under premium are there any disadvantages for it and how long it will take for it to approve.
    The only reason iam planning to file h1b in 2-3 months from now is i dont have last 2months of paystubs as i was on vacation and other reason is my current project may be done in may or june.

    So please advise me what is the best way to deal with the situation.





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  • raj1808
    04-28 02:17 PM
    Hello,
    1. I last entered US in Dec 2009 on H1B valid till Sep 2012.
    2. Was laid off, changed my status to F1.
    3. Got new employer, transferred my H1B to the new employer, got approval notice with no I 94 attached. My H1B visa stamping is valid till Sep 2012.
    What are my options? Do I need new H1B visa stamping? Or just re enter with new I94?

    Thanks





    dirtyfellaw2
    07-09 01:18 PM
    Please advice when to file AC21

    1) prior to joining new company
    OR
    2) Soon after joinng the new company?

    Thanks in advance!





    prout02
    02-09 03:20 PM
    Do you need to submit copies of your approved LC or I-140 to support your stay beyond 6 years? I don't see it mentioned in the I-129 application.

    And do you say yes or no to the following question (Q.5, Part C of H-1B Data Collection and Filing Fee Exemption Supplement form)?

    "Has the beneficiary of this petition been previously granted status as an H1-B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status?"

    This probably wishes to know whether you have a reason to stay here for more than 6 years. But I don't see anywhere to explain that. Any help is greatly appreciated.



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