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Sunday, June 26, 2011

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  • gc_kaavaali
    09-16 03:55 PM
    Take a break of being responsible man.

    Education....
    Job...
    Nice life to parents and siblings...
    Marriage...
    Nice life to wife...
    kids...
    nice life to kids...

    THIS LIST NEVER ENDS. I WOULD SAY TAKE A BREAK BEING RESPONSIBLE MAN. :cool: You know what i mean to say!!! DO WHATEVER YOU WANTED TO DO FOR FEW DAYS (ATLEAST)


    I got past strip bars or junk like that long time back... I am going to do something similar to what you said. I am going to become more responsible citizen and would start enjoying life more..





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  • mhssatya
    04-07 07:40 PM
    GGC,
    Did both you and your lawyer receive the letter or it was just you who received it? I have applied for I-485 in 07 and received the following status update in Aug 2010:

    we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our ATLANTA, GA location for processing because they now have jurisdiction over the case.

    But I didn't receive the letter as I was moving. I heard that this usually means I will be called for an interview. Is that right? Neither me nor my lawyer have received any interview letter since then. Would I be called for an interview when my date gets current?

    Appreciate your help.

    Recently received interview letter, scheduled for Sep,3rd.

    1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

    2. Is I-140 approval copy required? Interview letter does not say anything about it.

    3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?





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  • ilikekilo
    04-30 10:01 PM
    good one there...way to go





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  • venetian
    07-06 03:30 PM
    Thanks again for the responses.

    Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.

    Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com

    MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)


    An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)

    An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.

    If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.

    An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.



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  • Ann Ruben
    07-06 06:04 PM
    Hi Raj,
    "as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."


    Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.

    Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.

    If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.

    "In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
    Could traveling on B1 visa consider it as abandonment of GC process?"

    You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.

    Ann





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  • sky7
    07-26 11:34 AM
    hey njboy..thanks again for ur response.

    Yes, i read about the I140 processing and EB3 goes first. But I already filed my I140 in June-06, can i still move that to PREMIUM PROCESSING? (I tried to find any rule/regulation on that...didn't see any). And how long does the PREMIUM Processing takes?

    Looks like the average wait time at the Nebraska SC is 3-4 months, hmmm..should i spend that extra $1K? Maybe yes (if we are allowed to switch from regular to premium)...given the "efficiency" of the immigration processing in the US.

    Thanks again

    Sky



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  • krishnam70
    07-17 06:19 PM
    might serve IV community better if we contribute for funds...

    Good job IV. We should not rest now and carry forward with the actual agenda of IV.





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  • lostinbeta
    10-14 02:17 AM
    You mean a paw print?



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  • chanduv23
    10-02 01:28 PM
    Come on So Cal folks. We are meeting in Cerritos, CA this Saturday October 6th at 3pm. Login to our yahoo group for more information.

    http://groups.yahoo.com/group/SC_Immigration_Voice/

    You are welcome - we need active participation at the State level.

    Come on SC folks do join the meeting





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  • lazycis
    12-22 08:48 AM
    Appreciate all of your valuable inputs.

    I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?

    If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?

    Check "Date received" field on the I-485 receipt notice. Do you have it? That's the date you should be using to count 180 days. Notice date does not really matter.
    You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.



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  • jung.lee
    01-24 02:01 PM
    lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!





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  • umangini
    04-13 10:41 PM
    The law does not applicable to child born in USA. If child born in USA then the cross chargeable for child is applicable to the parents birth country. I am still searching for more information. I will post more information as I will find out.



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  • sb724
    08-15 05:34 PM
    Hi,

    I got RFE as PAchai_Attai, the difference is he got NOID.
    My attorney has submitted evidences a week ago, still now no updates on my 485.
    I have not got tracking # from attorney, he sent email that he submitted evidences. He said he can not check which is my track # used to my case in his office.
    He said I have to wait long time to see updates on my case, becuase USCIS is receiving applications in flood.
    These Evidences supposed to received by USCIS before Aug 13th. My case is at NSC.
    I am in confusion that how to deal this.

    Please advise.

    Thanks
    sk





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  • file485
    09-27 11:16 AM
    this is a hot topic right now..!!

    many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

    anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

    In no way,this situation can be treated as a substituted labor...

    So may I take it from this thread, bottom line that we cant do it..



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  • waitingnwaiting
    05-20 11:00 AM
    I have completed. :)

    Thank you for spreading my teachings to you. :D





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  • shankar_thanu
    06-27 10:44 AM
    I have been asked by my lawyer to enter the A# from OPT card if you have one, is this right?



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  • raj2007
    06-20 01:28 PM
    I was working for company A as a Title X through H1 B visa
    And company A filed my GC sponsorship petition with title Y and I-140 cleared.
    I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)

    But Company A revoked my EB based sponsored petition.
    Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y

    Please clarify


    You have no legal right. Employer can sponser and revoke the petition.





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  • averagedesi
    08-23 09:49 PM
    I will be surprised if I am the only unlucky guy





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  • Catherine
    06-23 09:46 AM
    The link and article are a little confusing in that they say that divorce does not affect immigration status once a green card has been issued. This is not always correct. I have a green card but it has conditions, i.e. an expiration date. This is what married couples have to apply to have removed after two years (actually in a 90 day window prior to the two year anniversary of receiving the card).

    If you divorce prior to that date, you will be unable to file jointly (or at least, technically you shouldn't, though I've heard of some couples that may have done so as their relationship is still amicable) to have the conditions removed and attain unconditional residency.

    Thus, you could have a green card (with conditions) and divorce WOULD affect your immigration status. As per the article, you would need then to file a waiver to have the conditions removed and keep your green card past its expiration date.

    Hope that helps someone.





    surabhi
    06-02 11:37 AM
    just one more Qn:
    My L1 ends Sep 3rd week.
    If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
    those 14 days out-of-status : How bad is it ?

    thanks.

    I wouldnt do that. You can arrive 10 days early, but not sure if it would be applicable here. Even then you have more than 10 days to account for. You will not accumulate much out of status period. It should be 180 days of out of status before it gets ugly, but why invite trouble.

    I think attorney would advise to file another non immigrant visa , generally a B1 ( tourist visa) for the interim period.

    Thre is grace period for OPT - H1 for similar scenario. I dont think its applicable for L1B





    ski_dude12
    04-01 11:09 PM
    11 years for me... but I have not done anything to cut someone off... just waiting patiently...

    hey zcool be cool man..

    i did 4 years of bs and 2 years of MS in US and this is my 10th year in US..i am not desperate for GC..but living here for too long and standing in the back of the line..just trying to move ahead in the line..common man don't get pissed off..help out here..



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