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Thursday, June 30, 2011

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    01-29 02:53 PM
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    03-19 10:20 AM
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  • milind70
    03-12 04:06 AM
    I would suggest that take an info pass and meet an immigration officer and explain the situation to him personally and if possible given him a written explanation too. What i find a little wired that when you applied for extension you did not notice that that I 94s got exhanchged and even if you did you went ahead and applied for extansion. In my opinion never apply for extension as the applicants next visit is in jeopordy irrespective of result of extnsion of i 94 .





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  • oldguynewguy
    02-11 01:37 PM
    I am currently on H-1B and filed for Adjustment of Status. I filed my I-485, AP, & EAD in August 2007. I got my EAD and AP in 2007 and it expired last year as well. I did not use the AP. I am with the same employer that filed my green card application. I am continuing on H-1B and did not use EAD.

    My H-1B is valid till April 2010. I have not applied for the extension of my EAD & AP. The H-1B stamp on my passport expired in August, 2007. Also, my passport is valid till October 2009. My wife is on H-4 and the visa stamp on her passport also expired in August 2007. Her H-4 is also valid till April 2010. I am planning a trip to India in the coming month.

    I wanted to know the process for my travel to India at this time on H status. Should I follow the standard procedure to file for H-1B renewal stamping at Indian embassy in India. Do I need to apply for passport renewal now since I have 8 months before it expires. Is it true that now it takes 4 work days to get the visa stamp in Canada.

    Your help in answering this would be really appreciated.

    Thanks.



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  • roopamadhu2004
    03-14 12:45 PM
    Employer 1(Very small company and doesn't exist anymore):
    1) Labor cleared,
    2) I-140 approved
    Then Joined in another company (Multi billion company) Employer 2:
    1) Labor cleared
    2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
    3) Still waiting for Green card

    My priority date: Sep 2002 (It is carried from first employer)
    Still I am getting H1 B extensions - every 3 years with Employer 2
    But my wife is working in EAD

    In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
    1) Labor cleared
    2) I-140 approved Mar 2011.
    3) Priority dates are not current and waiting for it.

    My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
    2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)

    Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
    2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
    3) Then does it mean my wife is working illegally?
    4) When is the best time to backout (My wife is not happy to leave her current employer)?
    5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?

    Please let me know. I appreciate your advice and help!





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  • jayram123
    08-15 09:57 AM
    Please respond with your replies. This helps others get an idea and may be even pool up.



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  • silpa_23
    02-11 11:46 AM
    I have valid H1B from June 2007- June 2010. I have reentered the united states twice ( Aug 2008 from India, July 2009 from U.K) on advance parole with out my H1B being stamped. Now my attorney thinks I am under parolee status and my H1B cannot be renewed. However, I am under the impression that my H1B extension can be filed as I am working for the same company and when I reenter the states, I could have my H1B stamped and I will have dual status with out losing EAD, AP and pending 485 application? Can you please indicate if there is any USCIS memo which indiactes H1B can be extended with out losing parole status/ pending 485 application?





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  • achiever2001
    06-29 12:36 PM
    We desis/chinese suffer because of too much population. To avoid the pain and sufferring we go through. Lets try and save our future generation from this mess.

    What has this got to do with IV ?

    Is IV now taking up the cause of curbing population explosion. I suggest that along with this we should take up the cause of Global warming too. Oh! yeah and let us throw in Aid Awareness too. :D



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  • hebbar77
    03-17 06:20 PM
    Hi Folks.
    Whats the cost of filing a motion to reopen the case 485 if wrongly rejected(either due to using AC21...). I mean lawyer fees + other fees.
    I am sure there are folks here who went through this.





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  • sam2006
    09-09 02:26 PM
    diptam


    I had sent USCIS a color notarized copy from india and there was no issue:)



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  • dealsnet
    03-28 08:08 AM
    Good to know. Thanks.:D





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  • ps57002
    09-10 05:55 AM
    Hi Gurus,

    I Understood That Something Was Going On But Could Not Get Any News So Far !


    what do you mean??? what was supposedly going on???



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  • Queen Josephine
    May 6th, 2005, 09:16 AM
    ...and i see an emerging tarantula! So much for the Rorschak test! :)





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  • yabadaba
    10-26 09:51 AM
    She could join from the day when the papers for transfer was mailed, this is as per AC21 law. She does not need to wait to receive the receipt from USCIS.

    yea its not a premium processing case. we r just trying to play it safe by waiting for the receipt. the new employer is not giving her grief or anything about joining quickly. the paralegal said that they are experiencing delays at uscis. i guess this whole bi-specialization thing is gona end up being another orginizational fiasco.



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  • glores1970
    08-12 11:51 PM
    1. What is the exact filing fee ? The latest I-131 instructions have this note -

    NOTE: If you filed a Form I-485, Application to RegisterPermanent Residence or Adjust Status, as of July 30, 2007,no fee is required to also file a request for advance paroleon Form I-131. You may file the I-131 concurrently withyour I-485, or you may submit the I-131 at a later date. Ifyou file Form I-131 separately, you must also submit acopy of your Form I-797C, Notice of Action, receipt asevidence of the filing of an I-485 as of July 30, 2007.

    My PD was current in July, and my application reached USCIS on July 2. Does this note mean I dont have to pay any fees for AP ?

    2. How do I connect a new AP application to a filed 485 application ? I dont have receipt for the 485 application yet - it reached on July 2, 2007.

    3. What do I fill in part 7 ? It has the following questions -
    1. If the person intended to receive an advance parole document is outside the United States, provide the location (city and country) of the American embassy or consulate or the DHS overseas office that you want us to notify.

    2. If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:





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  • GKBest
    09-28 05:02 PM
    I filed on July 2nd and was received at NSC on July 3rd by R. Williams at 9:03 a.m.



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  • sanjeev_2004
    06-16 03:26 PM
    is it for family based applications not for EB category fileing?

    thanks.





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  • glores1970
    08-12 11:51 PM
    1. What is the exact filing fee ? The latest I-131 instructions have this note -

    NOTE: If you filed a Form I-485, Application to RegisterPermanent Residence or Adjust Status, as of July 30, 2007,no fee is required to also file a request for advance paroleon Form I-131. You may file the I-131 concurrently withyour I-485, or you may submit the I-131 at a later date. Ifyou file Form I-131 separately, you must also submit acopy of your Form I-797C, Notice of Action, receipt asevidence of the filing of an I-485 as of July 30, 2007.

    My PD was current in July, and my application reached USCIS on July 2. Does this note mean I dont have to pay any fees for AP ?

    2. How do I connect a new AP application to a filed 485 application ? I dont have receipt for the 485 application yet - it reached on July 2, 2007.

    3. What do I fill in part 7 ? It has the following questions -
    1. If the person intended to receive an advance parole document is outside the United States, provide the location (city and country) of the American embassy or consulate or the DHS overseas office that you want us to notify.

    2. If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:





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  • aspire_sam
    12-04 09:13 PM
    As per the new regulation, you can apply for VISA in any consulate in INDIA. This removes the ambiguity of choosing/justify the choice of a different consulate other than the one in your consular district. Refer to the link below. Hope this helps!!!

    MurthyDotCom : Visa Applications in India - Flexible Choice of Consulate (http://www.murthy.com/news/n_visflx.html)





    foobar2001
    08-02 01:50 AM
    hi,

    i entered the US on AP in Jan 2010, and at the time of entry, my I94 validity was set for
    1 year (viz Jan 2011) - and the AP also noted "AoS" status on it.

    (a) Is the validity of my I94 (and thus my legal stay) 1 year, or as i have read elsewhere,
    if AoS is pending, then its valid till the AoS case is decided?

    (b) If the validity is 1 year, what is the process for extending the I94 validity?

    thanks for your time,
    -andy





    raoece
    06-09 02:53 PM
    Hello All,

    My employer has job posting Bachelor's degree with 7 years of experience but does not say anything about Masters Degree. Wanted to know this job requirement fall under EB2 or EB3?. appreciate for the response.



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