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  • capriol
    07-06 11:54 AM
    Dear Friends:
    I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:

    I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
    (1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
    (2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
    Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]





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  • vladdrac
    06-11 03:57 PM
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  • looivy
    08-15 11:24 AM
    The answer to the FAQ clearly states that you should be fine and expect some processing delays. I am not sure what else you would like to know.

    What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?

    How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.





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  • sparuthi
    08-07 09:08 PM
    I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.

    The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.

    I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?

    Any idea?

    cheers

    Sidharth



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  • CaliGC
    06-15 02:49 PM
    I am sorry I have no answer to your question but I would like to know how you found out the exact dates your names was cleared. This would be useful info for a lot of us here. Appreciate if you could share this with this forum
    Well, I got to know in two ways.

    1. My case was originally filed with vermont center and I had called and spoke to one of the immigration officer and I came to know it then (around year 2006).

    2. Recently I moved my house and there was some correspondence that still went to the old address, I visited the Immigration office in San Jose, California to rectify the address and asked the immigration officer to check it for me.

    Hope this helps.





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  • vjkypally
    08-06 12:17 PM
    Where you moved from NSC to TSC or did you file at TSC?



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  • pbojja
    03-31 11:36 AM
    can you please let us know which service center you filed and what was your notice date in i485 recipt notice

    Thank you all

    TSC Receipt date is July 2007 ,Notice date is Oct 2007 . By the way I contacted local congressman office when I was current in Jan 2009 , they helped me big time so TSC started processing my file .





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  • Sunx_2004
    02-02 12:09 PM
    I agree it has slim chance but I think it is a positive sign and if it works in our favor why not support it.

    cheers
    No way this amnesty would pass. This will end up in the ash heap of unpassed bills.



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  • GCWarrior
    04-16 02:38 PM
    I hope so too. I donot know the difference between MTR or Appeal and heard Appeal gives more rights than MTR. Any ideas on which route to take?

    Thanks





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  • bookmarkmaster
    08-27 06:59 AM
    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.



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  • gclongwaytogo
    10-24 09:47 AM
    :o:)





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  • smahwal
    08-05 12:49 PM
    My husband and I are July 2 Neb transfer to TX and we got approval email on 8/1. PD is 2005 Dec.



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  • GCWarrior
    04-16 02:38 PM
    I hope so too. I donot know the difference between MTR or Appeal and heard Appeal gives more rights than MTR. Any ideas on which route to take?

    Thanks





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  • pd_recapturing
    02-27 08:47 AM
    180 days are counted from RD of I-485 but its safer to count it from notice date to avoind any issues.



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  • dan19
    09-11 04:13 PM
    Call your lawyer and get your ETA number. The 45 day letter has your ETA number.
    Tell him that you would like that number to track your case using the new BEC online case status search.

    Normally he should give you that number, since it is nothing harmful for him and your company.

    Hi All,

    I received word from my company that my 45 day letter had come in .. this is March 2005. Its more than a year and now they just seem to keep quite. If I persist they say the lawyer has not come up with anything yet.

    I tried calling the lawyer but they say that nothing has come up either.

    Now with all the talk about September 2007 the finish date for the BEC where do we stand. My lawyer is quiet, my employer is quite and my 6 years are getting close to complete in January 2007.

    How are you guyz coping ? I am tired of waiting .. haven't gone past the first stage.

    Hoping for the best.





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  • ikass
    06-01 08:32 PM
    Can IV help with reaching out to Media or leading magazine to provide some light into the plight of legal immigration? We don`t see articles written or spoken about our plight. IV can direct some resources to this effort and I`m sure we can provide 100s of unique stories of aspiring legal immigrants waiting for some action. Especially, if it can help congress pass 1 or 2 small amendments with other bills this Summer. Fellow IV members who are in the same situation, please share your ideas for legislation.



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  • Winner
    04-09 04:44 PM
    Thanks everyone.

    I remember that some of the states requires you to have a vaild visa (or other proof of legal staus) for more than 2.5/3 years and only then they can get a drivers licence? If you have this information, kindly share that information.





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  • go_guy123
    09-10 03:36 PM
    If person is working for same company after MS then he/she cannot use experience for GC for same company. One of my friend got GC who was working for same company since he graduated and got GC under EB2. He had 4 years of exp after MS when he applied but could not show

    Its not a major issue since MS itself is viewed as 5 years of experience. The question is whether the company and DOL is willing to accept business necessity clause for Masters/5 years experience. By default most occupation fall into Job Zone 4 (EB3) unless shown business necessity and proved during an Audit.

    Doctors, Lawyers etc fall into Job Zone 5 (EB2)





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  • tonyHK12
    01-11 09:28 AM
    The second part also sounds pretty reasonable to me:


    This PAV would be issued upon successful completion of an application process that would involve the following:

    1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
    2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
    3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
    4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
    5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.

    The Permanent Administrative Visa would carry with it the following authorizations:

    1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
    2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;

    The Permanent Administrative Visa would carry with it the following prohibitions:

    1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
    2. Holding an PAV would not imply any safe harbor for applicant's family members;
    3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
    4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.

    A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:

    1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
    2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.





    lunar
    07-21 11:43 AM
    I Agree it is better not to take risk. But why is this an issue after 3 years of working from home. Next question is If I ask my lawyer not to renew my H1B and only work on EAD does DOL have an issue ? is that risk worth taking. Moving my family entirely for this reason is not a good option.





    plassey
    07-23 10:39 PM
    Bad situtation, I think. Happening with one of my freind too.
    This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
    What are the options for her to bring her spouse to US ?
    The spouse has an MBA.
    I know H1 is not an option as they have to wait atleast till October 2008.
    What are the other quick options?



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