Saturday, June 11, 2011

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  • LostInGCProcess
    01-02 10:29 AM
    Hello All,
    Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.

    No you don't have to renew EAD to maintain AOS. EAD is one of the benefits (or privilege) you get while your GC application (I-485) is pending. If the person is not going to work, there is no need to renew EAD. Also, same for AP. If you don't intend to travel, no need to renew AP each and every year.

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  • glamzon
    07-19 12:56 PM
    one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..

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  • amitga
    06-22 07:06 PM
    Google is your best friend:

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  • paskal
    06-02 10:28 AM
    Do not trust what the consulate website says

    In 2001 i had my passport renewed in NY
    they insisted...and were adamant...that it had to be 11 mnths to expiry not 12 makes no sense but they don't care.
    they also don't care what the web site says.
    i was told that if i wanted to travel i could get a temporary passport, since mine was full...and btw it was damaged (old, overused and beginning to come off at the sea...which is why i wanted a new one) so i would pay a large penalty, and a mnth later when i returned a could again apply for a new passport since it would be 11 mnths to expiring.

    make sense if you can!

    Chicago has similar idiosyncrancies. They don't provide all the services they list on the web site. They also do not care what the web site says. Call and you will be in an endless spiral of people saying different things and not really wanting to talk to you.


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  • gc_bulgaria
    02-12 08:50 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?


    We have used it. I don't see any negative effects to green card. You are resident for tax purposes.

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  • Junky
    10-15 08:18 AM
    Send you a PM. Please reply back at your earliest.

    There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

    EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.


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  • skpanda
    05-17 07:03 PM
    This is a tricky situation. I would suggest you consult your attorney.

    Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.

    In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.

    Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!

    Please update here about any new developments in your case!!

    All the very best!

    Thanks Nathan for quick response.

    But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

    Are there more people like me here? who were born outside of india, but are Indian citizens?

    Thank you for help

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  • PDOCT05
    10-29 11:26 AM

    I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?

    1) Is there any precautions that i should take while re-filing?

    2) Will USCIS accept the app or should they make me wait for my PD?



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  • sukhwinderd
    09-14 04:04 PM
    please read

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  • Libra
    01-11 12:44 PM
    insbaby, please send letters to President and IV, it may help us. It will take only 5 mins to sign a letter and mail it. please show your support for IV.

    True. Its just a dream. You work on something for 20 years and get a GC at 45. What are you getting after that. Just continue your dream for another 20 to 30 years and call it a day.

    If you get it by 25, you have some years to go hit something for your life.

    I stopped worrying on GC and started living on tasks that help my family. I have a job now. If lost, I will go for another job and another and another in India/Europe/Australia/so and so. But surely not going to die or go to hospital for depression.


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  • satishbsk
    06-27 01:19 PM
    If you believe that you haven't received an approval notice (for example - you check the online system and it indicates that your case was approved and you have not received an approval notice), USCIS encourages you to submit an inquiry to the e-mail box: CSC.NoNotice@DHS.Gov. Please include your receipt number and/or your "A" number with your inquiry. USCIS expects to respond to email inquiries within 30 calendar days.

    Contributed $260 so far

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  • rajarao
    07-14 08:54 AM
    I travelled thru Frankfurt last december. No need of Transit visa, no hassels; though Air-hostess that hands out I-94 card did not know what AP meant. I boarded at Bangalore airport and Lufthansa staff at check-in were aware of AP. At immigration in chicago, the guy gave me a short lecture- AP should be used only for emergency purpose etc; I jsut nodded and he stamped the I-94 and AP doc


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  • AirWaterandGC
    05-08 04:46 PM
    I joined last month and started my direct conthly contribution from this month. Go IV !

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  • gc28262
    07-30 12:36 PM
    Every lawyer is a businessman. And every businessman has a success story to tell to advertise himself. And you are unknowingly doing viral marketing. Look up on Google what viral marketing it. Has any of these lawyers done viral marketing of IV or greencard backlog action items on their forums and newsletters? So why are you advertising them? You go around town asking lawyers if they did any case successfully Showing a Valid Employer-Employee Relationship. And you will mostly get Yes answer so that they get more business. So why promoting only one lawyer.

    Not sure why some folks make a big deal about some lawyer getting some advertisement. I don't work or favor any specific lawyer. I am posting some information that could be helpful to the community. If you read through that posting, you will see some smart wordings that could shut out USCIS memo.

    Consider it for its content rather than who is writing it. For me IV is the primary forum. All other websites just supplement the information. We should welcome information wherever it comes from if we can benefit from it.


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  • ita
    08-22 09:20 PM

    I just thought of sharing some good news. I spoke this afternoon with USCIS office about my pending EAD(renewal), at the same time I asked the lady to check my I485 (PD: 11/08/2005), she forwarded my call to Level 2 support guys. He said FP,NC,Back ground check everything is cleared and also case is assigned to IO.

    Just a small suggestion/clue to my friends,
    when ever they ask "when did u file the application(I485) tell them your PD not the date that we all recently applied(if you have applied recently, I mean last year Jul/Aug)". Also don't call them on Mon-Wed, call them on Thursday or Friday (I recommend), so they will answer you guys politely. Complement for every say of them. Just a good word or humble will pay us back. I am sure about that.

    Please don't take me wrong.


    Would you please let us know what #(extensions) did you call? Was the person who initially answered your call IO or National CS? What did you ask the person who initially answered your call upon which she forwarded you to second level support? Appreciate your answers. Thank you.

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  • div_bell_2003
    03-04 08:09 PM
    Interesting link, thanks for posting :) , if this is true , how come IO's come up with blank when asked if the namecheck has been cleared or not ? This might actually be good news , according to the memo, they are going to clear out 98% of the namecheck cases pending more than 30 days, that's pretty amazing ( as they declare too at the end of the memo :D)

    It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link


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  • lelica32
    08-06 06:15 PM
    140 LUD on 7/27/2008 Sunday

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  • abheja
    08-25 03:26 PM
    I am trying to port from EB3-->EB2 but my company is reluctant to pay the attorney fees. I am willing to pay the attorney fees but the company insist they must pay the fee. I thought the company must pay only the filing fees?

    This is a simple question but it is becoming a big deal for me. Thanks for your help.

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  • roseball
    01-06 10:27 PM
    Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.

    Yes, one of my colleagues in Dallas applied as he was unemployed for more than 8 months before he landed another job. However, the reason he applied is he was ok with having to go back to his home country incase of any complications. He is still is US and is happily employed.....This doesn't mean someone wont run into trouble by applying for benefits while in AOS.....Just sharing what I know....

    02-12 08:52 PM
    Because you , me and many like us have bad luck!!!! EB categories are now unofficial lottery system. If you lucky you will not wait!

    I dont have any other explanation.

    The harder I worked, the luckier I got.. I am quoting somebody here.
    What did we really do in the last so many years to highlight our issues. Be frank. Did you just wait for things to happen or did you participate or do somethig atall. Your answer will help others realize if something is missing and hence can convert into positive action.

    12-21 07:25 PM
    Wrong. The DS-160 is just part of the process. Consulates all over the world cannot issue visa until they can verify through PIMS. I was asked a lot of questions in the interview because my name did not appear in PIMS. At the end, the consulate said, I qualify for the VISA but their hands are tied. Consulates have no control over PIMS and according to the consulate, they send an inquiry to KCC and have to wait for them to update.

    My interview was in June so I don't know if things have changed since but please consult your attorney.

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