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Member Profile: IAmLegalAlien (21 posts)

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Hello, I'm IAmLegalAlien (report this user)
I am from India
I last logged in on 24 Mar 2016
I have been a member since 04 Mar 2015
I have added 21 posts in trackitt forums
I added my last post on 24 Mar 2016
IAmLegalAlien's Immigration Cases
 
I-485 case: Pending for 3850 days (3186 days more than average)   (0 comments)
User: IAmLegalAlien Nationality: India
Country of Chargeability:IndiaApplicant Type:primary
Service Center:TexasCategory:EB3
Priority Date:10 Jan 2006Application Filed:06 Aug 2007
USCIS Received Date:09 Aug 2007USCIS Notice Date:
USCIS Receipt Number:I-140/485 Filing:non-concurrent
I-140 Processing Type:regularI-140 Approval Date:
First Fingerprint Date:Second Fingerprint Date:
RFE Received?:RFE Received Date:
Reason for RFE:RFE Replied Date:
Case Transferred to:Transfer Date:
Name Check Status:Name Check Approval Date:
I-485 Status:pendingI-485 Approval/Denial Date:
Card Production Ordered:Card Received Date:
EAD Applied?:AP Applied?:
EAD Approval Date:AP Approval Date:
EAD Received:AP Received:
Time to Get EAD Approval:Time to Get AP Approval:
Time to Get Fingerprinting Done:Total Time to Get GC:
Most Recent LUD:Days Elapsed:3849 days
Experience:
Case Added to Tracker: 09 May 2015 Last Updated: 21 Jan 2016
Notes:
IAmLegalAlien's Posts
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Posted in I-765 (EAD) Forum on 24 Mar 2016
Topic: EAD for H4 Visa Holders

Hope you guys see this update from USCIS

Dear Stakeholder,
USCIS would like to remind individuals applying for a change of status to H-4 that if you travel abroad before we approve your Form I-539, Change of Status (COS) application, we will consider your application to be abandoned. This means we will deny your COS application. If you filed your Form I-765, Application for Employment Authorization, and travel abroad before your COS is approved, it will be considered abandoned, along with your I-539 application. This will result in a denial of your Form I-765 even if you are re-admitted as an H-4 nonimmigrant. If re-admitted as an H-4 nonimmigrant, you would need to file a new Form I-765, with fee, in order to apply for employment authorization.
For more information, see the FAQs: Employment Authorization for Certain H4 Dependent Spouses webpage at www.uscis.gov.
Sincerely,
USCIS Public Engagement
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Posted in I-765 (EAD) Forum on 24 Mar 2016
Topic: H-4 COS and EAD Application denial if travelled abroad

Update from USCIS for H-4 Applicants When Traveling Abroad

Dear Stakeholder,
USCIS would like to remind individuals applying for a change of status to H-4 that if you travel abroad before we approve your Form I-539, Change of Status (COS) application, we will consider your application to be abandoned. This means we will deny your COS application. If you filed your Form I-765, Application for Employment Authorization, and travel abroad before your COS is approved, it will be considered abandoned, along with your I-539 application. This will result in a denial of your Form I-765 even if you are re-admitted as an H-4 nonimmigrant. If re-admitted as an H-4 nonimmigrant, you would need to file a new Form I-765, with fee, in order to apply for employment authorization.
For more information, see the FAQs: Employment Authorization for Certain H4 Dependent Spouses webpage at www.uscis.gov.
Sincerely,
USCIS Public Engagement
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Posted in I-485 Forum on 21 Jan 2016
Topic: After wedding- Can i enter USA on AP and wife on H4?

You can come back on AP and your immigration status will be 'Parolee' but, you can continue to work on H1b. When you apply for amendment or extension your immigration status will change back to H1. But once you use AP to enter, your wife will no longer be on h4 status. I was in similar dilemma last year though my situation was little different than yours. I was adviced not to use AP but go for Visa stamping. I did check with multiple attorneys and one said it is not a problem where as others said my wife's status will become invalid. So, please do check with lawyer before the travel.
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Posted in I-485 Forum on 04 Nov 2015
Topic: OCI in lieu of PIO card - Newyork Status

Have you tried checking your application status using below website?
http://passport.gov.in/oci/statusEnqury

This website will have status post CKGS hands over the application to consulate.
Usually it used to take 2 months for the OCI card, but now a days it takes more than that. Also there is a message on CKGS website - "IMPORTANT NOTICE: Due to technical reasons there is a delay in dispatch of OCI cards from New Delhi, turnaround times for OCI applications are longer than usual processing time."

In my case entire process took more than 3 months (I applied in April, got the card in July)
1. CKGS took 1 week to submit the application to consulate
2. In exact two months OCI card was approved in India and sent back to Consulate
3. After 3 weeks since the OCI was sent to Consulate from India, I received the instructions to send the passport for matchup
4. Within one week I received the OCI card.

One of my friend who applied at the same time as I, received the card exactly in two months.
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Posted in I-485 Forum on 04 Oct 2015
Topic: E-Notification - Only to Derivative Beneficiary

By E-Notification do you mean email notification from USCIS? or the receipt through postal mail?
For email notification
1. You need to sign up to USICS website, 2. Add your case (by adding your receipt number 3. Enable email and text notifications
USCIS online status and emails are not always updated or accurate. It might take some time/days to get the emails

For postal mail
To my knowledge, whether it is primary or dependent, each will receive a receipt specific to the application that you have submitted. If you have submitted I-485, EAD and AP applications you will receive 3 different receipts. Likewise your wife will also receive a separate receipt notification specific to the application that has been submitted in her name. USCIS treats it as separate application even if she is your dependent.
If you have used lawyer for the submission of applications, check with him if he/she has received the receipt. Wait for few days. you should receive them soon. If you do not receive them say in few more business days, call the USCIS customer care and talk to them. They should be able to help you. The customer care number is available on USCIS website
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Posted in I-485 Forum on 11 Sep 2015
Topic: Dependent /485 amendment after marriage

Yes, you can file I485, EAD and AP for your dependent if you are current based on new VB changes.

It is better to have EAD based on I-485 because H4-EAD is tied to the H4 and inturn to your H1 status. You cannot use EAD which you already have because your wife needs to be in H4. You always need to maintain H1in this case.
But if your wife receives EAD based on I-485 then you can also move to EAD if you want to. That is the advantage of this AOS EAD.
Disadvantage may be that H4-EAD can be valid for a max period of 3 years based on your H1 validity, EAD you get from pending AOS is valid only for max 2 years.
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Posted in I-485 Forum on 11 Sep 2015
Topic: EB2-I Who all current in Oct 2015 bulletin -Lets plan together

Medical exam is needed for Primary and also for dependents who are applying for AOS
You cannot get the medicals done by any doctor. The doctor has to be a civil surgeon identified by USCIS.
So first go to USICS website https://my.uscis.gov/findadoctor and locate a doctor based on your location
Call the doctor's office and say you need the medical examination done for immigration purpose and need an appointment
This appointment is not different than any other doctor appointments.
Check with them if they accept your insurance (this will cut down the cost significantly, you may not even have to pay based on your insurance coverage)
Most civil surgeons also work as family primary care physicians.
So the appointment that you make most likely billed as your yearly annual physical examination and most of the insurance cover that 100%.
Almost all vaccinations are also covered by major insurance 100%

Next check with them if you need to carry a copy of I-693 (I recommend download the latest version from USCIS and carry)
For your appointment carry passport/Driving License, form I-693, your insurance card, and immunization record if you have one.

At the appointment, doctor will do a physical exam and may ask for the blood draw to test the immunization for various diseases.
(This is the best way to do it instead of getting all the vaccine shots without checking if you are already immunized prior)

Tell your doctor clearly if you are pregnant or planning to get pregnant in next 3 months (in case of female applicant)
or any complications with vaccines or allergy etc. to avoid any complications from vaccinations


Initial TB test will be a needle prick to your arm. Do not scratch, rub or do anything to that area for next 2 days.
The doctor may want to see you within 72 hours to see the affected TB test area.
So before leaving the doctor's clinic, make the next appointment
If TB test turns out to be positive, they make ask you to chest x-ray and/or blood test.

Also, ask the doctor when the blood test reports are due and when can you get the paperwork done (I-693). Based on that you may have to visit the doctor again.
Also make sure doctor has the latest copy of form I-693 or give the one you that you are carrying.

Once the all the test results are out, doctor might give you vaccination shots that you have not taken before and fill the Form and ask you to sign it.
The first page of the form has to be filled by you and signed infront of the doctor.
Make sure spelling and all the details are accurate. The doctor will put this in a sealed envelope. Do not open that envelope. This has to be sent to USCIS along with I-485 application.
Request the doctor that you need a copy of this form and also all the lab test results and immunization details for future reference and make sure you get the copy before you leave the clinic

Good luck
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Posted in I-485 Forum on 24 Aug 2015
Topic: Indian Passport Renewal (VFS and BLS)

Can you please let me know how many photographs need to be sent? I know one more for the application form, one for the change of appearance and three for naturality certificate. how many more needs to be submitted apart from these?
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Posted in I-485 Forum on 24 Aug 2015
Topic: Indian Passport Renewal (VFS and BLS)

Can you please let me know how many photographs need to be sent? I know one more for the application form, one for the change of appearance and three for naturality certificate. how many more needs to be submitted apart from these?
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Posted in I-485 Forum on 09 May 2015
Topic: Unused Visa Recapture - Oh Law Firm Updates

When we are super busy speculating about visa recapture and becoming current, DOS isn't even bothered to update their website! so much for all the hypes and anxiousness lol

May be they are super busy 'capturing' all the unused visa :-)
or may be they are 'modernizing' the visa bulletin as per EA and we get to see an ultra 4K HD VB next week :-)
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Posted in I-485 Forum on 09 May 2015
Topic: Reentering US with AP would not invalidate my H1B status?

I have related question hope you can help me

I am also in a similar situation as OP where I have to travel outside US, my spouse (in H4) who will be here in US, only for few days under very tight schedule and planning to come back on AP. I do not have time to got for stamping and I cannot cancel/postpone the travel.
1. Upon my arrival is there something that I can do to get back to valid H1/H4 status?
2. If I come back in AP, and do not use EAD but continue to work on H1, in worst case scenario if my pending AOS application gets denied will I be out of status right away or can I continue working on H1?

Thanks
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Posted in I-765 (EAD) Forum on 22 Apr 2015
Topic: H4 EAD and Travel

That might be the case for H4 who has pending AOS I-485 application and has received EAD based on AOS.
But the new H4-EAD is not based on AOS but to those who are eligible based on certain criteria like approved 140. Here only EAD is issued which gives authorization to certain H4 holders to work in US. You still need to maintain H4 status and need valid visa stamp to travel. AP does not come into picture here
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Posted in I-765 (EAD) Forum on 22 Apr 2015
Topic: F1 to H4 EAD

You can apply for H4 COS and EAD together, first F1 to H4 COS will be processed. Until there is a decision you can continue to work. But once the COS is approved, you are no longer on F1. Your status will be H4 so having OPT even if it is valid for 10 year doesn't matter anymore! Just being on H4 does not qualify one to work. So you need EAD. Your EAD application will be processed after COS. Once approved and you get the card at hand, then only you can work. Processing time just for EAD is 90 days.
There will be a break once your status changes to H4. Break duration could be couple of days or few months depending on how fast USCIS works on your case.
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Posted in I-485 Forum on 07 Apr 2015
Topic: PIO Card related question

After reading the all the posts here, I am confused.
Can someone please clarify if applying for OCI in lieu of PIO is needed if PIO card is obtained before Jan 9th 2015?
Also does it mean that after June 18th the existing PIO card is no longer valid even if it has 'lifelong' stamp?
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Posted in I-140 Forum on 07 Apr 2015
Topic: h1b extension rfe denial, PP, I140 approved, Help

Sorry about the hard time you are having with the H1 renewal. I hope everything would sort out soon.
Just in case if you have to travel to India with kids, you can apply for visa on arrival for your US born kids. Your kids can get visa from any of the 6 designated airports at India, and once you are back to US, you can always apply for OCI which typical takes 2 months to get.
Check below websites for Visa on arrival details -

https://indianvisaonline.gov.in/visa/tvoa.html

http://blogs.wsj.com/indiarealtime/2014/11/27/w...

Good luck
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Posted in I-485 Forum on 06 Mar 2015
Topic: Indian Passport Correction

Thank you for this information. I'll explore this route
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Posted in I-765 (EAD) Forum on 05 Mar 2015
Topic: Applying EAD for H4 Not present in US

I got below information from Oh law firm website -
"Q: Can I apply for H-4 EAD while traveling abroad?

Discussion: No, you have to be in the country to apply. Related question is whether you can travel pending EAD application. The USCIS conference could not give an answer to this question, but inasmuch as the H-4 returns from the trip timely, it appears that there is no fixed rule and policy on this issue. The USCIS has promised that they will answer this question in the upcoming H-4 teleconference. "


Note that H4-EAD does not have any numerical limit like H1 or priority date concept or anything like that. On or after May 26th one can apply for EAD anytime if they are eligible. So, once you are back from your trip you can apply for H4-EAD.
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Posted in I-765 (EAD) Forum on 04 Mar 2015
Topic: Visa Modernization

Looks like Murthy law firm did not want to get into any sort of controversy about commenting this time with Visa Modernization -
http://www.murthy.com/2015/03/04/murthy-law-fir...
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Posted in I-485 Forum on 04 Mar 2015
Topic: Indian Passport Correction

Thanks for the information. I can submit the birth certificate, but here is my problem. The spelling correction is needed for father's last name. The passport has father's name in following pattern - First Middle Last. However Birth certificate has
First M Last, the middle name is mentioned by just initial letter. Will this be a problem? Do you think the consulate will accept the birth certificate as supporting document? The birth certificate has the correct spelling of last name though. Any suggestion is helpful.
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Posted in I-485 Forum on 04 Mar 2015
Topic: Indian Passport Correction

Did anyone tried to correct Parent's name spelling in Indian Passport through BLS?
I know BLS offers this service, but its not very clear on what supporting documents are needed?
If anyone got this done through BLS, can you please share the information
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