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here is an article from murthy about unemployment benefits:

MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)

Thank you!

email me at billrider321@yahoo.com as i do lot of it.

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Thanks.

No worries,

go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

in the above link go locating the following news line, read and enjoy

""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""

Thanks for this info once again ! I was able to read it. I hope its reality by year end. Giving you green.

Just contributed $100 through paypal. ID: 78D447032J342041H

Please, do the same. It is critical to get IV going further.

The person I know who got GC before the PD was current, debated for sometime asked his lawyer etc... but it was whoever's mistake, they have got to honor it... he decided to keep the GC act dumb and njoy life.:D.. by the way even if you get a GC when PD is current they reserve the right to revoke... check with lawyer and decide for yourself !!!

Does anyone know which law states that GC should not be approved when PD is not current? I guess the whole 'PD' concept was invented by administration people.

I jst got an update on my and my wife I-485; i am not sure what it is about as i have not received the RFE yet.....but i think they are asking for our BC as we did not provide them when we applied for I-485;

I want to know that is it OK if i provide USCIS with the 2 AFFIDEVITS, one for me and one for my wife stating all the information such as Name, Date of Birth, City of Birth, Country of Birth, Mothers Name and Fathers Name.

Gettign the birth certificate is a very long procedure and i dont think i would have them soon. So i was wondering will it be OK if i provide them with the Affidevits. Will USCIS accept it!!!!

Lastly, i would appreciate if some one can give me the template that what text should be included in the affedevit !!!!

Thanks in advance !!!!!

My dear friend from Pakistan,

why were you waiting for so long since you applied for I-485 to arrange for birth certificate ? Now you have to scramble due to the RFE end date. Anyways, here is the solution. You can provide 2 affidavits from your parents for each of you (i.e. you and wife) and also a birth certificate from pakistani consulate in US. I am not sure if the pakistani consulate issues birth certificates, but you can try. Keep in mind that the BC issued by the consulate is not sufficient by itself. You can just provide that as secondary/additional proof. You will still need the affidavits. Below is a format for father's affidavit. You can use similar wording for mother. I hope that helps you... Good luck!
================================================== ====
I, <fathers name>, aged XXyears, son of <grandfathers name>, residing at <address> do hereby state that the following is true and accurate to the best of my knowledge:

1. I am a citizen of <country>
2. I am the father of <your name>
3. I was born on <birthdate> in <location>
4. I was living in <your birth place> in <month and year of your birth>
5. I personally know that <your name> was born on <birth date> in <location, state, country> at <hospital name> from the valid wedlock of me and my wife <mothers name> and I know the fact of his birth because of my relationship to him.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Thanks for your response. Only NLSUBBU has had some experience. I have seen his messages in some other queries too. But more often, I have seen that people suggest that its better to get a H1-B stamped, just to make sure that you don' t need to renew your AP every year.

The expense is about the same, as you need to renew AP every year and H1 only once in 3 years.

Thanks again.

I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts

I filed my AP renewal online, I used my discover to pay my dues.

I did not submit any paperwork, I got an RFE just for photographs.

Most important thing for AP-renewal according to my experience is photographs.

I hope this helps, message me if you have any additional questions.

I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?

I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.

its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).

So spouse can just use the EAD card and apply for a job. What does the employing company ask for when hiring?

What if they do not know what an EAD card is?

Also when can the spouse apply for SSN# after getting EAD card. Is the there a time frame within which one has to get the SSN#?

I guess that's how much they value the American Dream, so let it be, I'll pay that price, no prob.

Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?

The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


Thanks

If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .

If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .

What you are suggesting is certainly possible but complicated.

Easy way would be to go on AP and use your EAD and AC21 to move to another company .

But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .

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Here is:

e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)


I already did it for wife, son and myself.

Saved about 1500$

Hello, Thanks for your reply.
My case is.
I dont have a 485, I will be applying for one today. So I guess I need to wait for 485 reciept...right?

Also does it cost anything to do a eFiling?

Thanks again

I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.

even if we can file for 485, the only possible way to move is by using AC-21 provisions, correct?

Also, when using AC-21 provisions to shift the job, do we need to ensure that the job description and responsibilities are similar to the previous job?

TIA

You are W2 or 1099.

if he is working for himself, he has to be a w2 on his own payroll as the president of the company or employee as it is in his case...

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Can u define awsome :D:D:D some thing like hooters airline :D:D - take it easy, just kidding

why i got red?????? I am saying it is going to be current.

I gave you a green now. So, you have only one red left. LOL people are taking humor seriously.

You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.

If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??

MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.

Thx for ur help

I agree....but still think that however logical it seems it hard for ppl to follow it. I still think this fearmongering is so deep rooted that a majority of folks will just flood CIS with inquries and senator letters ets.. (the reason being...the other person is doing it and i dont want to be left behind) Same like the "Run to the Bank" ...

that eventually. .the CIS will resort to the best option they have....

They will start issueing RFE for majority of cases... thus pushing processing by 60 days (remember no SR for 60 days after RFE reson received).