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Written By muthmmuuuaaanniish on Wednesday, June 8, 2011 | 8:34 PM

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  • meridiani.planum
    06-19 03:54 PM
    Hi,

    I am posting this on my friend's behalf. Here's his situation:

    a) He's on H1
    b) Applied for 485 / 765 / 131 through his employer.
    c) Still on H1; EAD & AP approved.
    d) Priority date no longer current for 485
    e) He gets married.
    f) Wife comes to US on H-4.
    g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
    h) Another thing is, she is also interested in working but can't do that on H-4.

    Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.

    Please let me know if it's possible to add the dependent regardless of PD being current or not.

    Thanks in advance.

    She cant file her 485/EAD/AP if the spouse's PD is not current.

    her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).

    However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.





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  • vin13
    07-14 09:22 AM
    No worries. I have travelled through Frankfort with AP and had no issues. In fact, an officer did ask me for my US visa and i showed him the AP document. Seems to me that frankfort officials do understand the AP document.





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  • julsun
    01-03 12:55 PM
    From what you say do you mean your wife now has no current visa status?
    If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.

    If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa

    Yes she not current visa status :-( Thats why I am worried about her travel plan.





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  • sunnymit
    08-10 02:11 PM
    Well we had Hindu marriage in May. We have our marriage card, pictures, witnesses etc. So I was under the impression that I would be able to get certificate from registrar. Here is info I got
    "
    Under the Hindu Marriage Act:

    Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."

    Hindu marriage registration in India is fine. I was wondering how would one get it registered here in US. I would think you would have to marry here to get it registered. Right?



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  • chanduv23
    09-03 09:06 PM
    THIS EVENT HAS BEEN CALLED OFF DUE TO TIME CONSTRAINTS AND LOGISTICAL ISSUES.


    We will be having a Pre Rally event in the Tri State Area on Saturday, the 8th of September. Everyone from the Tri State Area are expected to make it to this event. So please mark your calenders.

    This venue for the event is currently being decided and will most probably be in a centralised location so that everyone can make it to the event with proper planning. The location will most probably be in Jersey City or Edison or Bridgewater and some volunteers are working on the venue finalization. It will most probably be an after lunch "Tea and Snacks" event.

    Aman(waldenpond) and Himanshu(pappu) and other core members will be addressing IV members at the event.

    It is very essential that members from the Tri State - NY NJ CT PA and also from surrounding areas make it to the event.

    Please bring in all your friends, and also inform as many people as possible and do make it to the event.

    A lot of important things will be discussed and a lot of questions will be answered.

    I am adding a poll to this thread so please take the poll.





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  • lj_rr
    07-30 10:24 AM
    This is what the FAQ says

    "Q5: Where should employment-based adjustment applications be filed?
    A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."

    Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
    This is what is confusing me.




    Please see Q5 & Q6:

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    Also FAQ2 for your reference:

    http://www.uscis.gov/files/pressrelease/FAQ2.pdf



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  • kanshul
    05-07 08:56 PM
    I used AC21 3 months ago and filled the paperwork with USCIS. No RFE yet but I would not care if I get an RFE as well...

    I think it is best to notify USCIS. I hired Murthy and I don't think they are doing this just to get money. If your case gets messed u say 3-4 yeare later and you end up taking UCSIS in court then this paperwork (which USCIS will most probably do nothing with) will be very helpful.





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  • fatjoe
    10-23 08:38 AM
    I filed 485 on July 18 in NSC. I called USCIS on Oct 16 (exactly the 90th day), early in the morning. 1-800-375-5283(1,2,2,6,2,2,1). The lady who picked up said they have introduced a new system to raise a 'Service Request' for those who are waiting for more than 90 days for check clearance. She siad that mine was the first case she was entering into the system. She keyed in my details and gave me a Service Request # and said that an agent will be assigned to my case within two days to look for my application. On Oct 18th, I found that my checks were cleared. But the rec # are not showing on online yet. So, pls call USCIS and raise a service req if you don't see any activity yet, it worked for me, though the rec # s not updated online yet.
    I found that my appln was moved from NSC to TSC, as my rec # starts with SRC-08.



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  • immigrant2007
    05-18 07:26 PM
    This lawsuit is about the 140000 visas been given out each year and in years 2008 and 2009.

    There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.

    This lawsuit is to bring justice to the last three years of absolute anarchy.

    This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.

    I think Indian EB3 will join shortly.

    Why are you stopping at 2007? Issues stared much before that.
    Why do you forget the getting details of each and every VISA that was issued between 2003 and 2007 (days of backlog elimination center)? We hae a right to know that. I doubt EB based guys got benefit out of it....I do not think USCIS /DOS will ever reveal those numbers truthfully and even with 50% accuracy....
    They just put almost every True Employment based applicant in backlog and gave GCs to 245i....I dont think that was justice. That was manipulation





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  • pradeepd
    01-23 12:39 AM
    Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
    Do you think they might reject the case for any reasons?
    How long do I have to stay in Canada if in case it's approved?

    Thanks
    Sudha



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  • guy03062
    07-17 12:42 AM
    kudos to ImmigrationVoice's core team and its members, especially flower campaign and San Jose rally. Apart from Congresswoman Lofgren, IV is the one who really added immense pressure on Govt by their root level activites.





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  • vban2007
    06-07 03:16 PM
    I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.

    Should I send the EAD renewal to NSC or CSC??

    Please let me know.

    PLS LOOK AT THIS...

    I M IN TH SAME BOAT CONFUSED...

    http://www.greatermiami.com/do_business/doing_business_internationally/immigration/forms/Guidefull.pdf



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  • immiadvise
    12-30 08:03 PM
    hi,

    thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
    If i get a chance to move to a different company ,, do you want me to leave the current company?

    waiting for your reply..

    once again thanks for the response...


    Thanks





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  • Green_Print
    07-09 11:59 PM
    If people decide to contact the hospital (personnel & patients), lets be considerate, appreciative and sympathetic to their sacrifices and contributions.

    We can extend our gratitude towards them while politely highlighting our cause and unfortunate situation.

    They'd probably realize that the flowers they are receiving is not because of USCIS is heartfelt sentiments' for them but due to a mere face saving tactic, they might even refuse accepting flowers causing further embarrasment to USCIS hopefully prompting some constructive action.

    Guys, please post your comments as we need to act on this fast.




    Its pleasant to hear that USCIS will forward the flowers sent by IV members to Walter Reed Army Medical Center, and Bethesda Naval Hospital. This is an excellent idea. However the people who fought for freedom, and are recovering at these hospitals should know: what these flowers are all about and who is sending them.

    We should write emails to these hospitals to educate them about this flower campaign and urge them to accept the flowers and support our just cause. Please suggest a good template for the email, supporting our troops and asking them to support us. IV core should help with this and co-ordinate this event. This can become a next step in our peaceful protest against USCIS. If we can gather the support fom these hospitals that would be a major success. After this email campaign, hospitals may accept or reject the flowers forwarded by USCIS, but we will score a major win in either case. This will become our second round of publicity in media for our flower campaign. Please comment on this idea.

    Please find the web site and contact emails for both the hospitals:

    1. Walter Reed Army Medical Center
    http://www.wramc.amedd.army.mil/
    On the botton right corner, there is a link: Email the Hospital

    2. Bethesda Naval Hospital.
    http://www.bethesda.med.navy.mil/
    Email link: http://www.bethesda.med.navy.mil/Visitor/Contact_Info/ContactForm.aspx?ca=2



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  • GCard_Dream
    08-20 06:49 PM
    I received my "Approval Notice Sent" email on Aug 13th and actually received the notice on 16th. However, never received any "Card Production Ordered" email. From your post, it looks like you received the card production email before the "Approval Notice Sent" email. I am just wondering why I didn't receive any card production ordered email.

    I would imagine that once the 485 is approved, card production is automatically ordered. Any input guys?

    The Story Thus far:

    Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.

    I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
    I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse

    Aug 3: Card Production Ordered email received
    Aug 6: Approval Notice Sent email received
    Aug 7: Approval Notice Sent received in mail



    AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
    AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse

    PD: 03/13/03
    I-140 2 (EB2) AD: 05/06/09
    EB2 - India / MI / NSC





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  • GreenLantern
    06-06 11:55 PM
    Hey lermit,

    Thanks for your interest. Unfortunatly, I am pretty busy at the moment. I can't help you out at the moment, but maybe later.

    Tell me about the TGG team? What are they? What do they do?



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  • pankaj_singal
    08-20 07:41 PM
    any particular reason for pd pre 1/1/2006? i know coulple of folks who have this criteria.


    Looks like we are the only three so far..





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  • LostInGCProcess
    11-14 02:57 PM
    Another example of how inefficient USCIS is. I have applied my EAD in Aug 28th, did the FP in Sept 22, case still pending. I sent to Texas Service center.

    Which center did you file your EAD?





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  • new_horizon
    09-15 09:53 PM
    Chandu keeps opening the threads and keeps talking to himself....he is so lonely.

    get the heck out of here andy. nobody wants a looser like you. Go out & spend some time with someone you know if you are not a loner, and quit bothering others here.





    luish73
    07-21 10:59 AM
    This is a 100% partisan vote. Most yes are R most No's are D





    eb3_nepa
    03-16 12:30 PM
    Eb3_nepa, read my post closely; read the report as well, and then post again.

    I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.

    I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.



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