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  • iv_newbie_2007
    09-16 09:38 AM
    OLDMONK,

    My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?

    Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.

    My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?

    GULUT,

    FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...

    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.





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  • desigirl
    12-02 09:42 AM
    what are our chances if the Dream Act does not pass? Dream is #7 on the list.





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  • skodu
    07-17 11:39 PM
    My Wife was 5 months pregnant when we went for medical exam in June 07. Her Obgyn did all the HPV and HIV medical tests in Feb 07 and additionally did the vericella anti bodies blood test in May 07. She did not take the this time TB skin test as both of us tested Skin test positive and Chest X ray negative in 2003 and we both took 9 months preventive medication.

    We transferred all the medical records from my Primary care to Civil surgeon for other vaccinations that we took back in 2004 before going for our first baby so that we don't get into this vaccinations mess . So he just wrote the comment to do the Chest X Ray again at primary care physician after the baby is born and certified fully healthy. So this time I did not spend a dime on her medical tests as everything was covered by Insurance. I just took chest X Ray and then Blood test at county health department.

    All you need to do is to take the records from your primary care or OBGYN and take them to Civil surgeon. Make sure to take your wife's blood reports done OBGYN in addition to her referral letter. Everything will be alright. If you did not take vaccines, then he will write his recommendation which will result in RFE.





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  • hpandey
    03-16 12:53 PM
    expect an RFE in a month or two. Also fill in your profile to help others...

    Guruji - Can you please predict something about my GC application too :D



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  • Jaime
    01-30 04:43 PM
    Would love any help!! Thanks!!!





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  • raj1998
    02-06 08:37 AM
    My colleague paid $340 recently for renewal of EAD. He was July 2007 AOS filer.


    But I read this on http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D

    "If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee."

    So I suggest check with Lawyer.



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  • njdude26
    04-08 08:05 AM
    What all papers did you have. Can you please give me a list... I did my H1B renewal in Toronto Last Feb without problem. I have Indian Bachelors Degree in Engineering. Renewal went very smoothly. I had all my papers with me as required.





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  • rbalaji5
    11-16 11:55 AM
    Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.

    Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.

    Or is there any other way to extend my I-94 without crossing the border?.

    Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.



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  • akp
    06-30 07:35 PM
    I do not know what was posted. But if it was not offensive language (and I mean offensive as in use of swear words), I do not agree that moderator or super moderator should delete it. Let it be there, if it is useless drivel, it will be ignored by most. So deleting an opinion or comment does not sound right, and it undermines the credibility of forum, especially in the US where these sort of things not taken lightly (think of communist label).
    I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
    The implication of our way or highway sounds childish.
    Just my opinion in an "open" forum.





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  • eb3_nepa
    10-06 03:46 PM
    If your I-485 EAD comes through you have to use that and not the F1 EAD.

    Where did you get this information from? Can you please show a source?



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  • looneytunezez
    04-24 01:58 PM
    "date of actual move"

    Thanks,
    LT





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  • meridiani.planum
    07-18 11:39 PM
    Hi,
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?


    My main concern is on her status, any input will be greatly appreciated.

    Thank you.

    yes you can still file her 485 since you were married before your approval. upto 6 months of out of status is anyway acceptable for 485 filing, so dont worry about the 5 days.
    However get hold of a real good lawyer (Murthy/Rajiv Khanna etc) to file this case now so there is no screw-up again.



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  • antony
    03-25 10:18 AM
    I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
    They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
    Really sad that I cant join their team.
    I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?





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  • defrag40
    10-28 07:24 PM
    It is hard to say. I am in the same situation as you (filed concurrently by June 21). I believe it is not worth giving them an extra $1000, and for what. You already have filed your I-485. What is the downside?
    Mine was upgraded to Premium by my company after waiting 15 months (see signature). Two days after it was upgraded, my I-140 was approved. Then company lawyer sent inquiry to USCIS on my I-485 after that I saw LUD on 9/15,9/16,9/17 then nothing. Then another LUD on 10/25,10/26 then on 10/27 i got 21 emails from CRIS, our 485 was approved (family of 5). So I think it's worth it. I thought I am stucked with name/background check but I guess I am not since they approved my I-485. So good luck to you guys !!



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  • LostInGCProcess
    10-24 12:58 PM
    I also have notarized passport, etc, but one of the tax consultants told me that the ITIN cannot be filed now, and when I file my 2008 returns in 2009, I need to apply for the ITIN along with the taxreturn and paperfile. Has anybody else applied ITIN before filing tax return ?

    This is true...and this is what my tax guy told me and I did the same, last year..you file the ITIN along with the Tax returns...got some relief from the tax. :)





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  • waitingGC
    05-30 02:45 PM
    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.

    I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?



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  • sduddukuri
    02-23 08:27 PM
    I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.





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  • purgan
    10-14 08:17 PM
    Another recent story on Canadian Skilled Immigration...
    http://www.canada.com/topics/news/national/story.html?id=752a2097-a21f-42d1-b9c4-d15bab949d9f&k=9534


    Geoffrey Scotton, Calgary Herald
    Wednesday, October 11, 2006
    gscotton@theherald.canwest.com


    CALGARY - Alberta and the rest of Canada need to move quickly to boost immigration and take better advantage of skills so many new Canadians bring to their chosen home or risk being left behind in a global race for talent, says the head of Canada's largest bank.

    ''We must significantly increase these efforts and others if Canada is going to have the necessary human resources to compete in today's global economy,'' Royal Bank of Canada president/chief executive Gordon Nixon said to a dinner of the Immigrant Access Fund in Calgary Tuesday evening.

    ''Make no mistake, Canada is in a global war for talent. We must be a destination of choice for skilled immigrants and professionals or we will not succeed ... If we do, we will have a unrivaled advantage. If we don't, we will face an uphill battle just to maintain our quality of life.''

    David Baxter, a demographer and economist with the Vancouver-based Urban Futures Institute Society, agrees with Nixon's analysis, suggesting Canada faces a ''perfect storm'' of demographic labour force pressures. Those factors include a declining birthrate, a massive number of Canadians approaching retirement and relatively fewer Canadians entering the workforce as they reach working age.

    ''You don't need a robust economy to be able to say there's going to be a problem here. We're probably now at the point now that without immigration our labour force stops growing,'' he said. ''This is a long-term issue, let's regularize it. We've got to move away from this talk of temporary (workers).

    ''What I would look for is young, healthy, intelligent, honest energetic people, preferably with an entrepreneurial spirit - and more employee sponsorship.''

    Nixon argued that nowhere is the potential of immigrant expertise and contribution more evident than in Calgary, which is suffering labour shortages across the board, in all industries, from the unskilled worker to the skilled professional.

    ''Calgary is facing a shortfall of as many as 90,000 workers over the next five years ... by 2025 the shortage across the province will be well through 300,000,'' said Nixon. ''Alberta is at the cusp of a trend we're seeing nationwide.''

    Nixon argued that immigration must be viewed by policymakers as a strategic economic development tool that will help to define 21st century Canada. He noted the country has in the past used immigration as a tool of industrial policy, particularly around the settlement and development of the West.

    That kind of approach is needed again, Nixon asserted, as is better utilization of under-employed immigrants already in Canada, a phenomenon that RBC economists has estimated costs Canada $13 billion annually.

    ''We can no longer view immigration as a temporary employment agency,'' said Nixon. ''We need to start looking at immigration as a blueprint for nation-building, and we must find the right balance between social justice and economic need.''

    Baxter believes that Alberta is making the strongest effort of any of the Canadian provinces to attract and efficaciously absorb new Canadians. However, he noted that while immigration policy remains largely the purview of the federal government, questions of professional accreditation and other determinants limiting immigrants' entry into the Canadian workforce rest in provincial hands.

    ''Alberta is at the forefront of this. The provincial government recognizes this (the need for more workers) and so does industry,'' said Baxter, referring to Alberta's Labour Force Strategy, released in July.





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  • das0
    06-18 11:55 AM
    Once on EAD for one employer A, can anyone fall back to H1B for the same employer A?





    wahwah
    01-09 11:44 PM
    i assume you're using cross-chargeability of your husband's country of birth.
    if that is the case, swiss eb2 had current pd, so you should get your gc in 6-9months.EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

    Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.





    krishmunn
    07-16 04:05 PM
    People who do Consular Processing do complete their medical in designated hospitals in India. I know Jaslok and Lilavati in Mumbai are such approved hospitals and medicals from thsoe are accepted by US Consulate in India for Immigrant Visa (Consular Processing). However, will the same be accepted by CIS for AOS is the question. check with your attorney and do mention this information (that CP candidates can do medical overseas in designated hospitals).



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