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  • naveenarjun
    06-04 10:39 AM
    If this is old then why did i see it on THOMAS as
    =====================================
    S.1348
    Title: A bill to provide for comprehensive immigration reform and for other purposes.
    Sponsor: Sen Reid, Harry [NV] (introduced 5/9/2007) Cosponsors (4)
    Latest Major Action: 5/25/2007 Senate floor actions. Status: Considered by Senate.
    ======================================
    :confused: :confused: :confused: :confused: :confused: :confused::confused: :confused: :confused: :confused:
    ======================================
    http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
    The one you are seeing is being replaced one section at a time..So I assume its incomplete.





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  • WeShallOvercome
    12-26 12:49 PM
    I suppose you are living in USA.

    On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

    On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

    To answer your question, you are a non-permanent resident alien.

    Venram,

    I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.

    In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
    The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.

    Resident alien - An alien living here on a permanent basis
    NonResident Alien - An alien living here on a temporary basis

    I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..





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  • gsc999
    06-08 05:41 PM
    When the poor Irish came to US, was there a rule that said, they can get their papers sooner if they pay some extra money? Premium processing is creating e.
    --
    The premium processing fee is paid by the employer. Infact, all processing fee is paid by the employer. Am I missing something here?

    Why would someone argue against premium processing? ...Well people who think it is against their or American values better not apply for premium H1-B or premium I-140 processing :D





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  • CantLeaveAmerica
    12-08 05:43 PM
    by the way, I forgot to mention that I was in India when my GC was adjudicated on Oct 22.
    At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.

    So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D



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  • sanam9696
    07-20 07:16 PM
    Thanks everyone for replying.
    However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
    I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
    I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
    I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
    Please advice.

    Thanks very much,
    Sick with worry.

    Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..





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  • gc_on_demand
    01-20 09:37 PM
    I had same situation in 2009.. petition was approved in Mid 2008 and stamping was in feb 2009. No PIMS delay. I think if gap is more than few months , PIMS records are updated.



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  • rajas
    05-31 10:18 AM
    I know that there has been several discussions regardigng this topic.One thing I never knew was that once your 6 year H1 Limit is over and say you got H1 extension for 3 more years based on approved I140, now for some reason if your 485 is denied your h1 will be denied too!!! so H1 is not a back up to EAD in this scenario...some lawyers have this opinion!!!!

    So EAD/H1 discussion important only for those who have not reached 6 year limit

    Any comments!!!!





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  • sury
    10-28 10:30 PM
    We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.

    Can anyone let me know what documents are required to show up at SSN office while applying SSN.


    Thanks,
    Sury



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  • diptam
    08-04 12:02 AM
    We July2nd filers called them this morning and they couldn't find us in DB by FN,LN, DOB...

    And in the evening they are saying we are in DB but receipts are yet to be generated ???

    See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.

    So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.





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  • augustus
    05-12 02:59 PM
    Well, his job responsibilities are now more than before. I am not sure if this new position requires a masters degree.

    It is the same employer but just a different job. The lawyer we have is always scared. We tried to do EB 2 about 2 years ago, she filed everything but retrieved the whole process when she felt we may have an RFE.

    I don't know. I am so confused.



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  • saketkapur
    07-06 02:46 PM
    Yes, as long as you are working for the same employer that had filed your I-140 then you can maintain your H1B status with them. I had confirmed the same with my attorney. You should confirm the same by your attorney too. I beleive there was a thread at a point of time discussing the same on IV too. Maybe some member might be able to point it to you.

    I am now with a different employer and using my EAD since May this year.

    Hope this helps......





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  • kart2007
    10-21 12:57 PM
    Thank you. So was your application in a Pending status or Approved status when you emailed Ombudsman?

    In my case the application is approved but I haven't received the EAD card yet.



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  • subba
    12-13 07:41 PM
    I guess the 10 days is "time for pack up" technically.
    That is what the POE officer always stamped on my I94.

    I was driving to the US from Canada and got a new I-94 on the port of entry. Immigration officer put a date that was 10 days ahead of the expiry on my I-797 telling me that I would have 10 additional days post I-797 expiry to leave the country.

    Is this normal? Do I need the date changed on my I-94 to be the date I have on I-797? I would really appreciate your input on this.





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  • njdude26
    07-12 02:25 PM
    it is highly unfortunate......if you dont mind, what is the new procedure, can we know? which stage u r in now? where u have to start it?

    good luck.....

    I'm sorry but I have no idea what the new procedure is. The attorney just informed me that there is a new procedure and he emailed them all the info. So I assume that the new procedure is an email based system .

    This is an RIR filed in Oct'02 in PBEC



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  • ganguteli
    04-23 09:18 AM
    Focus on your goal. Emotions may not take you there.

    If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.

    It is your choice. And yes you can file legal case against law firm. But then what?

    morchu, people like you who put their tail between their legs are the reason some are stuck in retrogression and exploited by our employers and have to face some unprofessional and bad lawyers.

    yes you can file a complaint against the lawyer and his license will be revoked. See

    http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER

    Just because your labor is cleared you have no feelings for the person on this thread who had to wait for 2 years. Can anyone give him back his lost time?





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  • priti8888
    01-08 06:02 PM
    PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).

    You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.

    Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.



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  • Kodi
    06-08 08:07 AM
    What is a status quo?





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  • iwantgc
    05-08 10:51 AM
    Thanks for your opinion.

    I would also appreciate if someone could provide me some notes before I call them at 12 noon.

    Thank you in advance.





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  • gotgc?
    09-17 11:48 AM
    Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.

    You should relax, in other words.

    That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).

    Good Luck to you.


    *** Not a legal advise ***

    Thanks a lot for all your responses...i am optimistic now...hope they keep my AOS pending as I am from EB3-India, I may not get a chance to refile I-485 with my 2006 PD in the next 20 years....once again, thanks to you all...





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    October 12th, 2003, 07:20 PM
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    jthomas
    06-03 11:13 AM
    Hi Surpreet,

    Did you explore more on ARRA? Is it OK to take that benifit during AOS?

    Thanks

    I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.

    I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.

    J Thoams