Friday, 10 June 2011

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  • cal_dood
    01-01 02:29 PM
    Just came back from one myself, with stops in Belize, Mexico & Grand Cayman. Did not need visas for any of those. We did not even take the passports to the ports and no one was checking them either. All you need is your ship card.




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  • BEC_fog
    05-25 10:41 PM
    Would it be a good idea to create and send webfax to QGA and the Senators & their staff?

    All the members, keep the contributions coming...we have a huge task ahead to get it through the House.




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  • AB1275
    12-13 12:09 AM
    At what stage of the green card process should I be in to be eligible for my H1 to be extended after my 6th year?



    Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.

    I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.




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  • rameshvaid
    05-26 04:59 PM
    I was in the same situation last month. I live in minnesota had 485 receipt from july 2007, EAD for myself but no EAD for wife, so i wished the 485 will do. DMV said the same crap that since 485 has no expiration date, they only accept 485 that is not older than 6 months old (with the wild assumption that any 485 is approved or denied within 6 months). I got infopass appointment with USCIS, got letter that my case is still pending, and they laughed in DMV saying they know my case is still pending, they have some kind of access to USCIS database. After a lot of arguing and going up to managers in DMV, they agreed to give me and wife 6 months driving license and told me you have to find another immigration document next time (meaning apply for EAD for urself and wife)

    Sorry if this does not help you much.

    My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??



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  • singhsa3
    10-21 07:00 PM
    Any updates




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  • lazycis
    10-05 09:03 PM
    Your H1-B does not matter. What matters is LC for your I-140. It sounds like you want to use AC21 portability. EAD allows to work for any employer(s), but you have to make sure your I-140/I-485 is intact.



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  • gcwanted101
    09-01 03:40 PM
    Looks like there are mail and fax options.
    Did you indicate whether you need it in a CD instead of paper copy?
    Also for the labor copy, should the request be sent to USCIS or DOL?
    Hey lj_rr

    "Also for the labor copy, should the request be sent to USCIS or DOL?"

    For Labor : you have to send request to DOL.
    For 140 : you have to send request to USCIS.




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  • blackberry
    07-30 01:59 PM
    Many of us are in this situation.
    Can someone throw some light based on prior experience,
    who gets the receipt notice when using G-28.
    #1. Lawyer Alone
    #2. Applicant Alone
    #3. Both lawyer & the applicant.

    --BB



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  • gcdreamer05
    01-21 01:22 PM
    Man wish it was true, or atleast let them make the damn thing current again so that i can file 485 for my wife.... atleast she gets EAD to start working......... and i can also get stimulus benefit...




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  • vxg
    07-25 05:02 PM
    Yes, I had the same question and this is what my lawyer had told me
    Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.



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  • ksvreg
    02-25 01:37 PM
    PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.

    Thanks a lot for your input. So I can join after the PWD is done.




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  • arihant
    12-28 11:08 AM
    All the gurus on this forum,
    I have this questions and I have feeling some of you are considering doijng this;;;;

    My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
    As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
    IF my employer gives me Pesonal Leave of Abscene for one year....without pay
    can I take off for studies without impacting the GCprocess?

    Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

    I would love to connect to anyone who is similar situation......

    PLEASE respond
    :(

    Why is your 485 case pending since 2002? Is it stuck in Name Check or due to retrogression. I thought that 485 cases are progressing relatively fast as long as the case is not affected by retrogression and is not stuck in the black hole called "name check"!



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  • chinna2003
    07-03 09:13 AM
    Sorry if you find it offensive, but I dont think its going to prove anything to the USCIS and I am not even sure they will notice it.
    Why is no one talking about a public demonstartion in New York or something along those lines that is bound to get TV reporters attention and having a spokesperson who can speak on our behalf in front of a national audience and talk about the discrimintaion that US shows against legal workers
    If Illegal Immigrants have the courage to pursue their agenda on the streets what is stopping us from doing it.
    What are we afraid of? its not the lack of issues, its the lack of resolve
    Lets see if thread swells to dewcent levels we can organize a protest against USCIS infront of NBC studios


    Please read, sign and observe

    http://www.petitiononline.com/aos485/petition.html

    To: U,S. Congress American Government

    USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.

    The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.

    As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.

    Sincerely,




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  • gcpadmavyuh
    10-12 09:05 AM
    The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.

    On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.

    Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.

    1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.


    2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.


    Here is what I would suggest for your case:

    Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.

    This is the best case scenario that I can envision for you.

    Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.

    You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.

    Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.

    If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.

    Dear experts.. Need your advise..

    I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

    1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

    2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

    3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

    Assuming applying L1 is not going to be invalidate my H1 papers,
    4) If I go for L1 stamping, will it invalidate my H1-B papers?

    5) If I come to US on L1, is it possible to change status to H1?

    Any help will be greatly appreciated.



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  • hariswaminathan
    02-12 11:43 AM
    People,

    Yes I am guilty. I am one of those Lazy fence sitters caught in reto that peruses this forum on a daily basis looking for for some glimmer of hope.
    Silently i cross my fingers and hope that IV will get something done for us but guilty of doing nothing to help. Sound familiar?

    Let me start by saying that i became a member and watched this forum for over 6 months and did nothing to contribute (whether financially or physically). I'm lazy and theres nothing i can do about it - thats my personality. We all have busy lives and we all have personal agendas and unless we are affected by something directly, we choose the path of least resistance.

    something changed for me last month. I dont know what it was, since it was nothing physical, personal, familial or anything tangible. I was reading the IV website posts "as normal" and while i read all the posts on funding drives, increasing members, those brillant NJ chapter folks etc I was ashamed at how little i was doing towards a cause that had a direct impact on my life and how a small group of people could be so passsionate about the same interest. I was also surprised at the number of mainly Indian professionals in the US who were caught in this mess but at the difficulty that IV was having getting people to get off their a** and do something.

    COME ON PEOPLE - even if we are lazy, self centered, and busy lets at least show that the Indian "minority" in the US is at least a UNITED and PROUD lot. We cant let IV down for a few dollars. "Izzat ka Sawal Hai"

    Well, i thought about it, and thought some more..... and decided i was still as lazy as i was before even after my ephiphany, but i could definitely manage a few clicks with my mouse. So i decided, If can't do anything physical (like pass flyers, meet in DC to help Core, start some fangled chapter locally, or harass my local congresman) then at least i could pass on some financial contribution so that somebody could do it for me!
    So this is what i did

    a) - setup a $20 recurring contribution (Yes its $20 - I'm cheap and so are a lot of you - but $20 is better than nothing - its less than a dinner at a restaurant).
    b) forwarded the website info to a few of my collegues at work and told them what i did.

    I have not made any earth shattering differences by my actions, but at least im doing SOMETHING. This, coming from one of the laziest members definitely should mean something to all of you.

    If you cant contribute your time, at least send some money so someone else can do it for you! Also please stop harrassing IV on where the funds are going - its $20 per month for Christ's sake, not your family inheritance. Let's try and make a difference one way or another. Our national pride is at stake here.

    Hari




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  • Prashanthi
    12-03 03:40 PM
    If you are 21, then you have aged out with reference to both your H-4 and I-485 petition. Unless you are protected by the child status protection act, which is unlikely if your parents visa number is not available.

    Now the question is, what is you status in the United States, are you on an F-1?. If you are then you could perhaps come back on a fresh I-20 to rejoin your course. However, if you have been out of status for 6 months or more as per IRAIRA you will not be allowed back into the country for 10 years. You have to consider all these factors very carefully before you leave.



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  • eb3India
    05-21 11:56 AM
    I am new here and I have few questions to IV core members.

    Did we consider any other avenues find out is there any way out to influence DOS visa availability.

    How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)

    you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.

    for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.

    I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.




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  • srkumar_2k
    07-25 11:27 PM
    Hi

    I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.

    What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?

    Or better to apply EAD for me (not to my wife) after the I-140 approval?

    Please help me..

    Thanks in advance.

    --Raj




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  • fcres
    08-16 11:02 AM
    I recently visited India in June 07. I didn't wanna go and waste a couple of dayz in chennai so wanted to use ma AP. While returnin I showed ma PP to the Immigration officer, he asked me where ma VISA was. I told him i have an AP and showed it to him.. He wasn't surprized. he just let me get in after stampin a seal on my PP.

    At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.

    Its so simple no problem at all.

    Happy Journey...
    OT.. So are you working on H1 now for the same employer? Just wanted to make sure you can use AP to travel and work on H1 and don't have to use EAD.




    everonh1
    06-21 02:59 PM
    I am in same boat.
    Here is my experience with USCIS at San Francisco:-

    Went to USCIS SFO Today.
    They bluntly told me that they have no process to re-issue I-94s.
    Either file an H1 Extension or leave the country and get back in for a new extended I-94.
    I argued with them that this is real crazy - how come you dont have a process to fix the I-94 after passport is extended and well before I-94 expiry date.
    They had no answer and stuck to their answer that they cant do much and I have only those 2 options.
    I asked them if San Francisco CBP will fix it - they said NO,they wont.
    Also,apparently as per USCIS officials,I cant go to any of the border Countries like Canada,Mexico as they dont issue I-94 if stay there is less than 30 days.
    So I have to go out to any country other than border countries and only then I-94 will be issued?
    How more crazy can USCIS be?

    How come AILA or someone never raised this issue with USCIS- as this is such a common scenario.




    rahul2699
    05-16 09:12 AM
    Thanks you are right on consular processing and you are also right that on transfer receipt one can start working

    But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.

    So thats something i am trying to sort out.


    you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.



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