Monday, June 13, 2011

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  • amslonewolf
    08-15 11:45 PM
    Hi -

    Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?

    I mean, do these guys know what an AP is?

    Is it better to get the H1B stamping done?

    I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..





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  • gc_chahiye
    08-15 12:11 AM
    I was told by my attorney's office that the application will be rejected if re-filed. I have read though threads which claim that multiple filing is fine, but dont know what to trust!

    I480 filed - July,02, waiting for RD/ND
    I140, RD-11/03/06, LUD-11/11/07(NSC), Waiting for approval.

    why did you want to refile? Did you get a copy of the complete filing from your attorneys office to see what they filed? Was something missed in your first filing?





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  • 21stIcon
    12-21 08:44 AM
    Excatly, you got it. at the end of year w2 should have 100k as a salary not after employer deduction.





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  • h1vegas
    06-24 05:28 PM
    ^^^^^



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  • sanjay
    02-02 12:03 PM
    `Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
    `(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;

    Any thoughts???

    Assume:

    This mean from the date this bill gets enacted, one should stay in USA for five years continuously.

    It's impossible, atleast for me. I can't even think that I won't be able to go to India for 5 years. It would be a torture on my soul. This kind of clause works for an un-documented immigrant, who don't have a choice to leave but not for legal immigrant.

    What my company tell me to go to another country say some Brazil to implement project and infrastructure and I had to stay 2 months? Then I have to start afresh ?





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  • himu73
    12-08 10:37 AM
    I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post



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  • whyregisteration
    12-19 08:39 PM
    Thanks to lazycis for his/her kind information about mutiple 485

    My pending 485 based on approved NIW140 is sleeping at SRC, but EB1-140 was approved in NSC, my living region belongs to NSC, therefore should I submit a relink request to NSC:confused: Any idea? thanks in advance.

    Merry Christmas and Happy New Year to all experts here :):)





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  • getgreensoon1
    04-07 04:02 PM
    You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???

    BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .

    There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.

    A reputed university = very few or no gultis. TVU had only gultis...so did not qualify.....



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  • digital2k
    08-06 02:20 PM
    *





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  • invincibleasian
    03-27 02:03 PM
    I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

    My questions are:
    1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
    2. Can I continue the case since I already got my Labor Certificate?

    I appreciate your feedback. Thank you.
    Amend the LC!



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  • Homemaker
    08-11 06:42 PM
    I assume that this new immigration will definitely work if all the members vote for it and am sure it will surely have impact on our lives once it passes.Hope for the best always.





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  • Vsach
    07-12 10:12 PM
    Dear All,

    If IV as a organization decides to file a law suite I shall contribute, decide the amount!

    Regards
    VSach:)



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  • Sandeep
    02-21 05:32 PM
    If you are faxing it you may consider sharing the following pages :
    Page 20 of http://www.gao.gov/new.items/d0620.pdf shows target dates that the USCIS should have achieved
    Page 22 of http://www.dhs.gov/interweb/assetlibrary/CIS_AnnualReport_2005.pdf shows the unused visas for EB category ad the complex way it is calculated
    http://fermat.nap.edu/catalog/11463.html shows the need for American Competitiveness. This report was published by the committee on Science Engineering and Public Policy
    Pages 8-10 of http://www.whitehouse.gov/cea/ch2-erp06.pdf describe the importance of high skilled immigration to the U.S.
    http://dosfan.lib.uic.edu/ERC/visa_bulletin/2000-07bulletin.html Section E shows the procedure used

    You can also send the following
    THe brochure (http://www.immigrationvoice.org/media/Immigration_Voice_Brochure.pdf)
    Endorsement (http://www.immigrationvoice.org/media/Dr_Richard_Florida.doc) by Dr. Florida





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  • ashwinicool67
    04-29 01:30 PM
    If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.

    You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.



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  • hpandey
    12-24 03:29 PM
    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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  • bingl
    04-16 11:02 AM
    thanks weaseley ....
    We are in Kansas....I did show the 485 receipt ....they said 'its just a receipt' not an approval....and so they can't use that. I'll try calling USCIS for the letter. I hope it works since I don't want to waste money on an EAD which I am not gonna use.



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  • sandy_anand
    01-24 10:17 AM
    We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.

    Thanks!





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  • gcdreamer05
    07-03 02:01 PM
    Please dont take risk travelling while the h1b petition is pending.

    I would advice not to travel during this case.





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  • dealsnet
    07-23 02:12 PM
    See this thread for it.
    http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499

    In the stated situation, I would opt for changing the I-485 case to consular processing.





    gc_in_30_yrs
    09-11 04:03 PM
    My PD is Aug, 2004. Got 45 Days letter sometime in March 2006 and replied. No movement. No changes. No information. Employer says, he did not hear anything from them to start advertising.





    mk26
    03-31 03:29 PM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Hey Congrats..!! don't forget to login IV and let us know the life with GC



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