Saturday, June 11, 2011

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  • gcwait2007
    12-21 08:23 PM
    Friends,

    I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.

    I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.

    I look forward for your advice,

    Thanks in advance




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  • Ramba
    12-11 03:08 PM
    "class of admission" -when you enter USA last time what class POE officer admitted you. This can be different from your "current status-H1B". Therefore you should write F1.

    There is no fee difference for single entry & multiple entry.




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  • Madhuri
    11-26 12:09 PM
    Is it really possible to move back to H1 with a new company from EAD, in case 1> you have approved 140
    2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.

    I am not sure we can do this.

    yes you can. Since your PD indicates your LC is >365 days old.
    new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.




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  • reddy77
    11-06 03:29 PM
    I am july 18th Filer, NSC, got my EAD and FP done, but still waiting for AP, got couple of LUD's for AP last week, but still it shows as received and pending ...



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  • wandmaker
    02-23 11:02 AM
    Hello Sir,

    I'm in H1B visa, so also my husband.

    In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:

    - transfer my status from H1 to H4? have all pay stubs in tact.

    / You can transfer to H4 as long as you have all the paper work /

    - return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?

    / Yes, COS from H4 to H1 /

    - visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?

    / Your H1 petition will be valid until it is revoked by your employer. It does not matter whether it is valid or revoked. Filing COS from H4 to H1 will put you back on H1 status as you will not be coming under the cap /

    Please let me have your views on this. Highly appreciate a speedy response.

    Thank you in advance,

    Shivani:confused:

    See Inline.

    Please update your profile




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  • kartikiran
    06-17 05:53 PM
    paulkurni,

    Subscribe to google group http://groups.google.com/group/iv-dc-chapter with a mention of your IV Handle(UserID). The state chapter leader will get in touch with you, if they need further information.

    For contributing please visit the link http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44 for details. On the right side of the screen, you also visa, mastercard icons and you can click them to donate.

    Please excuse my ignorance as I joined IV recently. Please tell me how do I join state chapter. I reside in DC metro suburbs.

    I am glad that we are at least thinking in this direction. Please let me know how can I contribute. Have we formed any regional leaders who can perhaps guide us. If so, I would like to get in touch with the ones in my area. Any other information I need to know.



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  • gcdreamer05
    09-22 12:43 PM
    hi All,
    I didn't find any topic on this so asking a question in a new thread.

    I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?

    Please help me, I have to take decision ASAP.

    Thank you in advance.

    There are several forum threads explaining 6 months being the good-will time an employee should stick with, but if the company sends you out with proper relieving then it is not your fault.

    One suggestion would be to ask your mgmt to provide proper reasoning in your relieval so that you can find another job outside and shift.

    You have GC so you can do anything :)




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  • pappu
    09-08 12:22 PM
    IV members,

    IARC (Indian American Republican council) held a conference in DC on Sept 6th & 7th (more details:
    http://immigrationvoice.org/forum/showthread.php?t=1563). Some of our core members attended this event and interacted with key lawmakers. Our core team member, Shilpa was invited to speak on the Immigration Panel.

    This is the press release from Immigration voice. Please forward it to all your contacts for wider publicity of IV's efforts and our common cause. Thank you once again for your continued support for IV's efforts.

    ===============

    Immigration Voice urges lawmakers to focus on high-skilled employment based immigration
    Washington, D.C., September 8th, 2006

    Immigration Voice member, Shilpa Ghodgaonkar participated on a panel on Immigration at the Indian American Republican Council�s fall conference in Washington DC on September 7th.

    The speaker list constituted prominent leaders from the Republican Party - Senate Majority Leader Bill Frist, Senators Brownback, George Allen, as well as U.S. House Representatives, Speaker Hastert, Ros-Lehtinen, Ed Royce, Bobby Jindal and Joe Wilson.

    Speaking at the event, Shilpa called for more focus on legal highly skilled immigration and urgent reform of the antiquated employment-based immigration system, adding that loss of talent to other countries was not in America�s interest. Ms. Ghodgaonkar observed � immigration debate included illegal immigration and H-1B quotas, but the issues faced by the legal educated foreign workers working in the US and seeking permanent residency were largely ignored.
    Noting that 255,000 employment-based applications pending at the DOL (April 2006) and 170,000 to 230,000 applications pending at the USCIS translated into unconscionable delays, she elucidated the impact of bad bureaucracy on the lives of individuals: �During the long wait, highly skilled foreign workers are wary of buying homes, cannot accept promotions or change jobs for fear of losing their position in the green card queue � particularly because their job description is tied to the green card. Highly qualified doctors, scientists, engineers... etc. cannot utilize their skills to the fullest potential. Individuals cannot innovate and start companies that would create new jobs� lives are on hold. More importantly, employers share the same frustration, as they cannot access the talent pool available here in the US.�
    Illustrating how Canada, UK, Australia, etc. are competing to welcome creative talent, and citing reasons for shortage of skills in the US, Ms. Ghodgaonkar added that America direly needs to attract talent to sustain technological leadership. �Of the total legal immigration in 2004 and 2005, only 7.5% and 10.2% respectively went to highly skilled principal applicants. 2004-2005 figures from Australia indicate that their migration program comprised of 60% skilled immigrants�.

    "The last time the quota for skilled immigrants was debated in congress was in 1990. That was 16 years ago," said Ms. Ghodgaonkar. Stating that high-skilled immigration created a net benefit to the country, she urged lawmakers to address immigration in a piece-by-piece manner, and pass sensible legislation that would retain talent in the country. �This is basically a symbiotic relationship, which if nurtured well will bring rich rewards to the US as well as the immigrants who are contributing here.�

    Commending Senator Cornyn and Representative Shadegg for introducing the SKIL Bill in the Senate and the House, Ms. Ghodgaonkar concluded �The US can continue to remain the shining city on the hill, if it attracts high-skilled workers who will be great assets to this country�.

    About Immigration Voice:

    Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.



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  • phillyag
    01-23 12:38 PM
    We should see how PERM came into being. Who helped PERM become a reality.
    If we can leran from the past and use that to puch for the future improvements in immigration policies for both for the country as well the immigrants




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  • roseball
    03-07 10:34 AM
    you can re-enter with previous visa stamp with company A's annotation as long as it is still valid..however, you need to have the latest I-797 approval notice from your current employer and show it to the immigration officer at the poe...



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  • eswaraprasad73
    02-12 12:49 PM
    My friend's I-140 was field in Oct. It was filed at VT, but finally got transferred to TX. I-140 got approved in just 10 business days.
    This is a surprise for us.




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  • Desi Unlucky
    07-02 07:25 AM
    I have recently spent 2 weeks in Chennai and my overall taxi experience has been very good being non Tamil speaking. All Taxis charge more when the starting point is Airport. That is inevitable. If it is just to drop them at the nearest hotel, ask them to approach the Govt Prepaid Taxi booth.

    Govt's is cheaper compared to the private Taxis. Ofcourse the Govt only has Ambassadors as the Taxis. Do not expect the Taxis to be neat and clean like here. Expect broken handles.....There are 3 other private Taxi booths, of the private taxis Fasttrack seemed a little lesser compared to others, almost all private taxi rates are closer.

    If they need the Taxi from hotel check out Fasttrack website and get teh phone no for Chennai. They have been pretty good an picking me on time, but make sure you reserve it well in advance (4-5 hrs). Whenever I called in the last minute, they were not on time.

    I did stay at a hotel far from Airport - clsoer to work. So might not be useful to u.



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  • qplearn
    10-02 03:47 PM
    If I-140 is withdrawn by the employer, one can not port the PD.
    I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?




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  • gc_chahiye
    07-13 12:51 AM
    What do you think is this big news coming out in 24 hours or on Monday?



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  • leo2606
    01-10 05:09 PM
    See my comments below.Answers are something I have used in my In Laws application.

    While filling the application online for parents visa interview what would be a better answer for the following questions:

    Who Will Pay For Your Trip?
    Children(in US)

    What would be a better answer?
    Self.
    OR
    Children(in U.S)
    Does it even matter?

    Are Any of The Following Persons in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship? *
    Mark YES or NO and indicate that person's status in the U.S. (i.e., U.S. legal permanent resident, U.S. citizen, visiting, studying, working, etc.).
    Bother/Sister etc.
    Mention about the people(siblings of parents) that are here
    Would it be better to say ?

    No
    OR
    Mention about the people(siblings of parents) that are here


    Was this Application Prepared by Another Person on Your Behalf? *
    (If answer is YES, then have that person complete item 40.)
    This question is about who completed the DS-156, if parents are educated just put 'NO'.That means they completed the DS-156 themself.Otherwise you can write whoever completed the DS-156
    Should we say

    Yes
    OR
    No (When actually Children are filling the application.)

    Please Advice
    Thank you.




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  • eastwest
    04-16 04:32 PM
    How early can we apply for EAD before it expires? I know it is either of these: 180 days, 120 days or 90days ?

    Does someone know the exact days?

    Thanks

    You can apply exactly 120 days early.
    About my earlier post, You do need to send your papers such cutout from previous EAD, 485 receipt copy etc..

    Thanks



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  • heathere3
    11-12 09:48 AM
    I went online to change address.
    It didn't ask for pending case#'s anywhere.
    I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.

    Today is a holiday for them then for Veteran's Day. I'm not surprised they're closed.




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  • perm2gc
    08-24 04:48 PM
    I have similar situation and not sure whether I will be able to apply for H1B revalidation..

    I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left
    H1B Years are not based on employer..You can Recapture H1B time for any employer.You will get your 3 year extension with new employer if your attroney files so..

    My Views Are Personal..Consult Immigration Attroney !!!




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  • cdeneo
    01-05 04:44 PM
    I did not make the mistake of sending her abroad, she had gone on her own accord and overstayed until her AP expired and now wants to come back (as I said some of these issues were not in my control).

    Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.

    Sorry to know about your situation....

    Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.

    This is very tricky, there is only one solution.

    You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.

    Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.

    If you had already known about this, why did you make the mistake of sending her abroad....




    msyedy
    12-29 05:55 PM
    After 6 months of EAD a person can change jobs, but his hiring company should give him the same title in which his application for a GC is filed.
    (Same title and should be able to show that the company can pay him the pw)

    So working for your own company after 6 months of EAD is kind of risk.You can work for a friend's company who can support you.

    Please consult your lawyer.....

    always seek legal advice.




    glus
    11-20 06:50 PM
    Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE

    Extract from the instructions of I 131 form
    If you travel before the advance parole document is issued, your application will be deemed abandoned if:
    A. You depart from the United States; or
    B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.


    - good luck
    kris
    Kris,
    Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.

    Regards,



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