Wednesday, June 8, 2011

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  • raysaikat
    06-04 12:33 PM
    The online AR11 form is giving 2 options . which one should we choose?

    Only the first option (for US citizen) is giving options for pending cases!!!!

    * Yes, this change of address is for a US Citizen
    * No, this change of address is not for a US Citizen

    Thanks
    SK

    Unless you *are* a US citizen, you must choose the second option.





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  • gccovet
    06-17 04:07 PM
    What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)

    Thanks

    If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.

    TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.





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  • dixie
    01-25 11:33 AM
    I was responding to this statement :
    "If the govt can lobby for nuke bill, why they cannot do it for techs?" This is a nonsense topic anyways .. deserves to be closed.

    How nuke bill is related to SKIL bill......

    Admin close this forum.





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  • transpass
    08-02 06:00 PM
    Hi there, First of all thanks for all active participants you are doing a great service.

    One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.

    1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
    2. Now both are still in India and its been approximately 1 year 10 months ( didn’t fine any extensions or anything like that).
    3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.

    Your responses would be much appreciated. Once again thanks for all your help.

    Without reentry permit, they cannot enter USA.

    If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...



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  • sbabunle
    01-25 10:37 AM
    If the govt can lobby for nuke bill, why they cannot do it for techs?
    Govt well know that a big chunk of money is gonna come from NRIs and even bigger will come from future NRIs. To sustains India's growth they need it big time.
    In my opinion it would be a good idea to seek Govt of India's help..

    thx
    babu





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  • ronhira
    12-19 09:15 AM
    History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.

    Makes me wonder if there is enough awareness about our cause.

    other than just wondering ...... what else r u going to do about this lack of awareness?



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  • asdfred
    10-12 05:29 PM
    no dude..it does not..there is not much it will give us..
    we need visa recapture, elimination of country quota and simplification of ac21 rules
    (i feel like i am asking for free beer :p)





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  • MLS
    06-19 12:37 PM
    I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.

    I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
    Here is what I have so far. Some ideas based on my experience and some on searching the web.

    1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.

    2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.

    3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
    You can also call the regional service center if you wish.

    4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.

    5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.

    6) Consider talking with your employer to take a few days off while sorting this out.

    If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.



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  • hpandey
    01-30 11:45 AM
    My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.

    I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.

    Appreciate your feedbacks on this.


    Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.

    Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.





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  • guyfromsg
    07-16 11:02 PM
    Please enlighten me. What constitute a proof of immigrant intent?

    Filing of:

    1. LC
    2. I-140
    3. Medicals
    4. I-485

    etc...

    I am confuse. Please explain.

    I-140 is Application for Immigration petition. To apply for 485 you have need to have 140 approved/pending or should be filed concurrently. Medical is required as part of 485.



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  • hope_4_best
    05-03 10:08 AM
    Other option is to get Personal Line of Credit from a local credit union or bank.
    With good credit score it is possible to get line up to 25K.
    Interest rate is high, around 8.75% to 11.00%..
    Money can be withdrwan whenever needed.





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  • sandy_anand
    10-04 01:30 PM
    It was not supposed to be shown to Indians on IV

    Did you not read on the page
    [������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
    BTW: Please do not let Indian know it :-)

    Traitor.

    I hope you were just kidding about the "traitor" comment :-)



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  • kishdam
    01-08 12:41 PM
    Do we need photo copies (about originals - having original labor is not possible it would have been submitted with I140; most employer keep the original I140 as well). Some companies dont provide copies of labor or I140.

    Is it risky to change jobs and invoke AC21 in this situation? (This is the scenario: labor, I140 is approved. I485 is pending for six+ months. EAD and AP are approved and are with cadidate; have six months pay stubs/tax info to prove that have been original labor sponsored employer for six months after filing I485).

    Thanks.





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  • vallabhu
    08-08 09:41 AM
    Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
    can you guys tell usually what kind of information is requested in EB3 cases.



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  • gcchaahiyey
    04-07 04:14 PM
    My daughter is US citizen...I did not ask my lawyer...

    At this time, you don't have to inform USCIS of anything as your status has not changed from "married" to "divorced". There is no "seperated" status in I-485.

    If you get your GC and your wife is still back in India, hers will be considered abandoned for a lack of Parole (unless she comes back, renews her parole before Sept 2008 and goes back again).

    My personal 2 cents, if I were you, I will make sure that the child's application is intact (unless she is a U.S citizen).

    What did your lawyer say?





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  • bbct
    03-05 06:01 PM
    Do we have to start withdrawing or transfer back to India? It's hard earned money after the employer exploitation.



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  • nogc_noproblem
    07-18 11:10 PM
    I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

    After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

    I have EAD and AP but wondering why I can not transfer H1B?

    I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.


    yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)





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  • PHANI_TAVVALA
    02-26 12:46 PM
    I had a 10 year multiple entry B1/B2 visa which was to expire in 2013. I got married a couple of months ago, and since my husband is on a H1B, I got a H4 visa for the next 1.5 years. My passport with the B1/B2 visa DOES NOT have CWOP (Canceled without prejudice) written on it. My question is- has my B1/B2 visa been canceled? Or is it still valid? Can I hold 2 visas for entry into the US at the same time. If it has not been canceled, can I still use it for entry into the US once I lose my H4 status? Thank you for your time.

    Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.





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  • 987Image
    July 14th, 2006, 01:44 PM
    I loved the second picture as was said the isolation show its all one flower. I for one am always glad to see everyone's pet subject.





    snowshoe
    08-13 11:08 AM
    I think you misunderstood a point made there. Though it is possible to extend renew H1 for employer if EAD was used some time, but that is like recapturing that status and means fulfilling the terms of H1, by giving up on part time job.

    You cannot be on H1 and use EAD for second job at the same time.

    This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.

    That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.

    Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.





    ek_akela
    06-14 01:05 PM
    Finally after waiting for 5 yr of waiting I am ready to file for 485...a quick question. Last Year I applied for H1 extension along with H4 for my wife.for some reason she didn't get the approval notice(online case does show her case approved ) Now for 485, I need to send her H4 which I don't have..What options do I have? I asked my employer and he was clueless..
    He said you can print online case approval status(webpage) and send it along with H4 reciept notice or apply for I 824(application for approved petition) which I am not sure how long it would take..I coulnd't find any premium processing info for I-824
    It's quiet depressing, after waiting for so many years, you still left uncaught when final moment comes :o



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