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Hi all,

After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.

Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.

Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.

Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?

The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following

1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.


Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.

If unmarried does not file 485 now::

1. Be in H1 for a long time with same employer based on your PD.


==========

As I see there are 4 categories of unmarried people

1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.

What are the recommendations for these 4 groups of people?

Finally one has to consider layoffs or firings!!

Experts please review the scenario and give your opinion on the above way.

Thanks a lot. Welcome to the land of dreams and opportunities.

I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......

THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!

Everything else is Correct (address, DOB, A# etc...)

GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20

Awww, come on!!! stop cribbing. Here check out this link for some help. :D
http://www.plasticsurgery.org/

Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?

All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?

Does this hanging I-129 petition affect the 485 / EAD that we have filed.?

Thank you!

I forgot to mention that I also have a valid h1b visa. I don't intend to use my EAD. So in that case if I go back to f1, what will happen to my PD and 485 application?
or is it better to fall back on EAD and continue with education? Please advice!
Optimist578 - can you please let us know what you find out from your attorney?
thanks a lotsxk

I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.

it is not easy as you think. Once you have this non renewable/non transferable stamp on the license you are stuck. For eg:- even if you stay in the state that issues that lisence (in this case Ohio), you will have to retake the whole test (computer + driving test) to even renew the lisense when your visa is renewed. You initially get the lisence only valid until the day of your visa expiry.
bottom line:: THIS IS THE CRAZIEST RULE THAT I HAVE COME ACCROSS. The more a person drives I was under the impression that her/his skills improve. I am not against checking the visa validity etc but to make you take the whole drivers test again is SIMPLY STUPIDITY.

There was a piece on one of the news shows this AM. A guy still makes Daguerreotypes (the actual plates, from raw materials!) in New York City. Basically that stuff must be like ISO 0.05 because he was making exposures from 30 seconds to 4 minutes, achieving the 'missing people and cars' effect as a result.

Interesting, you have to admire the guy's determination. A lot of work to reproduce that technique. I have noticed that with very long exposures, anything moving very fast compared to the shutter speed just disappears, since they don't contribute enough light to the whole exposure to be distinguished from the background. I'm trying to figure out how to keep the motion blur of the subjects in daytime, which seems to require a middle ground exposure time as compared to typical exposure time of <1s or long exposures of minutes at a time.

Correct me if I am wrong but isn't that Roberto guy in the program an illegal who used 245i to get his GC? Sounds like he got his GC long before this retrogression hit, so did he skip LCA phase and went straight into 140/485?

Okay, it turns out that my super-cool way of doing it would be more time-consuming than I thought. :P

Anyway, here is a less-cool HTML page with a list of them all: http://reclipse.net/kirupa/fxpression09/entries.html

Edit: In case you're wondering, glosrfc, I just used the first SWF in your Wormy Circles entry because all of the other entries only had one SWF.

You are "legally" eligible to take any job or start your own business.

Some good job search websites are:
www.monster.com
www.dice.com
www.hotjobs.com
www.careerbuilder.com

HI
I am planning to file a for a fresh EAD or new EAD.
I had filed 485 on 08/06/2007.

Now I have the following questions:

1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
"If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
Does that mean I donot have to pay any fee to USICS for EAD application?

2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
On the I-765Instr document it says
"You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
Which document I should provide as per the above statement?

3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

Thanks in advance.

With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.

As for your second question, you should be supplying that documentation with your I-485. If you're filing separately, then note the instruction giving you a choice. One document should not be better than another.

As for processing times, generally estimate 60 to 90 days on employment cards.

Regards,

Greg Siskind

Gregory Siskind, Attorney at Law
Siskind Susser - Immigration Lawyers
Telephone: 800-748-3819 or 901-682-6455
Fax: 800-684-1267 or 901-339-9604

Email: gsiskind@visalaw.com
Web: www.visalaw.com

Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message.

The fact sheet is a must read for all IV members. Please use this fact sheet and then judge yourself - whether you want to talk about receipt notices or go to the rally.

Singhsa3 and Macaca took a lot of pains and created it with a lot of effort. Good work.

Please distribute the fact sheet as flyers and send the facts as emails, on blogs, various websites etc... and spread the message.

Let the community have a realistic view of the situation.

If you still do not consider doing the rally - the this is ehat will happen - IV will do it with whoever comes - the strength will be low, and opposition will ride over us easily as we are weak.

So - please read the above fact sheet - this fact sheet is your reciept notice, and start heading towards DC.

go to forum. Click on my name in the user currently online. My profile will come up.

Then click on 'Find all posts by factoryman'., or something like that. The tile of the post is 'Final Word on Adult Vaccination'
Only one MMR is recommended by CDC and these recom. are current till Sep 2007.

Ok I found the link of yesterday. (http://immigrationvoice.org/forum/showpost.php?p=86250&postcount=133)

Center for Disease Control (CDC) USA – Oct 2006 to Sep 2007
Recommended adult immunization schedule
Vaccine – Age Group – Dose(s)
TDAP- (all ages) – 1 dose Td booster every 10 years
MMR – (19-49) – 1 OR 2 doses
MMR – (50-64) – 1 dose
Varicella - (19-49) – 1 OR 2 doses
Varicella – (50-64) – 1 dose

Straight from Horse's Mouth (http://www.idph.state.il.us/about/2007adult-schedule.pdf)(the CDC link is not working):


same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.

Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????

Please add your details in IV tracker

http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

and we can see the total cases in EB3

I don't think so,

my wife and my self had 3 LUDs after FP on both of our 485.
I called TSC, mine and my wife's application is pending secrutiy clearance.

Yes, I know that I will not be getting the GC anytime soon, my PD is 2006 EB2 India.

Hi All,

We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.

Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?

I heard that mexico has different rules?

Thanks for your help.
Got stamped twice in Canada. I have MS from USA. When I went for the second time my friend came along with me who did not have a degree from US. He also got the VISA.
There was couple came for H1 renewal and for H4-H1. His wife could not get H4-H1 as she was having a degree in Commerce and working for a small consulting comp. VO gave her H4. I did not know the actual details of her case though.

Update - and I apologize if this is lengthy, but if any small part of it is helpful to someone else, I won't edit details.
When I got thru to TSC today, I had a really (I mean REALLY!) rude IO! When I explained I'd like clarification about what I was told "previously" (yesterday) that my Biometrics and Photo ID not showing was what was potentially keeping my application pending, she snapped that really I want a case status and need to call the NCSC. She did say that I must not enter my case # and enter phone options 1, 2, 3 and then get the Customer Service rep. to institute request for more information. So I did this.
The NCSC rep I got (Giselle, 649713) was extremely helpful and pleasant. I explained my situation and she agreed that it warrants a request for investigation/further information. She said normally they wouldn't do it because my Received Date of 8/1/2007 was outside of normal processing.

[I've never read explanations on this which were crystal clear about what it meant. So in case others might be confused about it "inside normal processing" means your I-485 Received Date + 30 days. So since TSC is around the (published) 8/23/2007 Processing Date, mine would only fall within normal processing once TSC reaches 8/31/2007 Processing Date]

Rep took all my receipt, etc. details and contact details and read them all back and said I should be contacted within 45 days (standard, I know) via one of the contact mediums - phone, email, mail. Blah, blah - that's all probably completely standard, right!?

Now the interesting thing I noted in the Confirmation # she gave me is that it is suffixed at the end by VSC.... which is obviously Vermont. It could just be an administrative thing because my stuff originally went to VSC then transferred to TSC?? Or could it mean something more than that? Considering the transfers were a mess.....

p.s. in addition, I have moved from East Coast (hence original VSC) to CA - with same company - so I don't know if/how geographical move affected anything. I did confirm with local office IO and TSC IO that they have the correct address on file.

Regardless, the satisfaction (??) I got from this recent fiasco is that it will actually force someone to look at my application and hopefully correct something if it is amiss. Might be wishful thinking on my part, but it means someone has to LOOK at it, instead of me feeling like my app. is just sitting gathering proverbial dust when something was supposed to have been actioned. And perhaps get at least a pre-adjudication thru as a result......

I am trying but I am getting a busy tone.

Hi guys,
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?

My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....

I wonder what is happening....

Now, in addition, I see 12/18 LUD on my pending I140.....weird or they are processig my I140, pending since last December