Sunday, June 19, 2011

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  • LostInGCProcess
    09-04 11:07 AM
    I beg to disagree on this thought: If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
    so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
    I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.




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  • wandmaker
    01-02 02:30 AM
    1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
    2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
    3. Any other options/advice?

    If time is not the key then please submit the documents/information requested by consular post. At the worst case scenario, you can very well use AP to re-enter and EAD to continue employment. Get a second opinion with your attorney. Good luck




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  • paskal
    08-05 09:23 PM
    delighted to hear you are finalizing your plans
    let me know when you have things in place, also if i can help you in any way. we should encourage more mn members to join us in DC, maybe even plan on making some calls. your motivation should serve as inspiration to others!




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  • dixie
    01-25 08:13 PM
    Bush made his statement in the context of H1-B visas, not in terms of giving GCs. So it is not as if he made a pitch for us - there are plenty of folks making a pitch for H1 visas.It does not necessarily help our cause - H1 visas may very well be addressed without fixing the EB system, as it is more convenient politically and for the corporates.
    When decision making people or people at the top talk, then i believe there is a sense of realization about us.
    Atleast this should provide an easy opening of our case with top leaders.

    I am not saying that is it, they are dispatching GCs through Fed-Ex?
    If they did, i would be really surprised.



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  • unseenguy
    06-16 01:12 AM
    I agree with above posters.

    Ask for shorter duration visa.
    leave siblings out
    Show strong financial position to supprt their stay in US
    Show strong ties to home country. (leaving siblings out & adding grandparents care is a good thing), but also show strong monetory ties such as property in home country.




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  • ilikekilo
    04-23 09:51 AM
    I am glad, member's comments helped you. All said and done. What is the right thing to do now? Expose "this company" as you call them..
    Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..

    I do understand your good intentions but I strongly feel that this should be taken offline off the forum for the sake of everyone and please do not prolong this, hope you get the point...thanks..



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  • sakuhito
    07-24 02:33 AM
    I think if you tell us what field you are in, perhaps someone can refer you to a company and tell you what company you might be able to work for which is non-profit.




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  • titu1972
    02-29 08:56 AM
    Receipts usually sends to Attorney, who represent your case, if you signed G-28 form. You only get Notice for FP, Original EAD, AP. So don't worry abt the receipt. It should be with your attroney.



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  • mambarg
    07-27 08:14 PM
    How about if Company closes down ?




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  • dpp
    10-23 11:57 AM
    You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.


    I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

    All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.



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  • gsc999
    02-16 01:39 AM
    See you there on Sunday




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  • kshitijnt
    02-17 07:34 AM
    I have a couple of questions:
    1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
    2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?

    thanks.

    1. Write unknown
    2. New applicant, if you are applying under c09 category for the first time.



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  • gcwait2007
    12-25 10:12 PM
    If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
    http://immigrationportal.com/showpost.php?p=1838094&postcount=14850

    Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
    http://immigrationvoice.org/forum/showthread.php?t=16266

    Guru Lazycis,

    The information posted by you in Immigration Portal is very useful and informative and encouraging. You are a great guy, if u r male. Great lady if u r female. Please accept my salutes and regards.

    Thanks a lot.




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  • logiclife
    12-04 11:59 AM
    I'm with you, why is everyone so afraid?
    God knows there would be enough people for a class action lawsuit against DOL.

    My congressman called DOL and they said my case had been withdrawn: but it had been withdrawn b/c of THEIR errors, TWICE!
    Both times it was reinstated and proved to be their error, and they are still using it as an excuse for not processing it yet.
    And I thought "developed" countries worked differently than "developing" countries.

    If IV has enough people interested I would certainly be interested to participate in a CA suit against DOL. I am losing hope that diplomacy will bring any results for us to be helpful.
    USCIS only works faster when there have been mandamus suits filed against them, unfortunately no one seems to have done anything with DOL. Maybe it's time

    For the lawsuit.

    This isnt the first time people have thought that lawsuit against DOL is a good idea.

    That is not true. Nothing will be gained from the lawsuit. There have been lawsuits against DOL before for exactly the ineffciency and slowness. Those lawsuits have failed. They will fail again. Being inefficient is not against the law. See the IV document on DOL- backlogs here :

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50

    Also, read about the lawsuit Liberty Fund v. Chao and judge's opinion on that lawsuit.

    And BTW, earlier this year, there were few people on immigration portal collecting money for lawsuit against DOL. I dont know how far it went.



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  • gunabcd
    06-22 09:50 AM
    When the officer picks up a new case file, within minutes he know if there's Birth cert, substitute labor etc (remember he may have handled hundreds of cases). If the officer FEELS the case is complicated or needs an RFE, he may just put it on the backburner and pick up the next one on the shelf. That's why i'm trying to get my BC or NABC, even if i have 5 other docs with DOB.




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  • rb_248
    03-30 10:54 AM
    Try making a baby and see if it works.



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  • immieb2
    10-14 09:04 AM
    I went to the Chennai consulate in July 2008 with blue jeans and bright colored T shirt and I got my H1 visa stamped. No issues. But I sure felt like the odd man out there, NO ONE else was wearing a jeans and shirt. At the interview she asked me how is the weather in Michigan, that's about it..



    Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.

    Thanks!




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  • vikki76
    04-21 12:21 PM
    Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
    H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.




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  • masti_Gai
    09-21 09:08 AM
    https://egov.immigration.gov/cris/caseStatusSearchDisplay.do;jsessionid=drvVXOBtvSBb




    mihird
    02-24 02:19 PM
    Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.

    My CPA had itemized my wife's travel expenses for H1-B stamping on the 2006 return. Here's the logic for justifying the travel to get the visa stamped.

    The H4->H1-B change of status is truly a change of intent, and traveling back to your home country and re-entering with a proper visa within a reasonable time after the change of status is what most immigration attorneys will advise.

    GC expenses, however should not be claimed. H1-B is needed for the job, GC is not...

    There are instances of people have trouble re-entering if they had not got their H1-B visa stamped in a timely manner after the change of status...




    watertown
    03-04 11:02 AM
    Gurus,

    I'm in Boston area and would like to know your opinion if I should file WOM!!!!

    My case was filed in Aug, 2006 and I-485 was transferred to local office for interview on May 22, 2007. The interview went well and the lady officer indicated that I should get my card in 1 month!! That day was so nice!!!

    Anyway, the reason for interview was I guess the previous I-485 submitted by my ex-wife after our seperation to put me in trouble in 2001 but I never took any benefit for that and I hand-delivered a letter to the IO when they asked me to come for interview in 2002. I explained that it should have been abandoned coz I sent letter even at the time for finger-print notice! Long story short, my ex and I had fight and I called the cop who took both of us to the custody and in the morning let us go. I didn't see the judge and.

    So on this last I-485 (EB-2 ROW) I answered the question NO of if I had ever filled any immigration petition and NO to if I had ever been arrested.


    Last year I was getting anxious when the card didn't arrive and Infopass told me that I was stuck in FBI-name check! I asked the congressman Ed Markey and his office told that my name check was cleared in Dec, 2006!!! I took another Infopass and again IO told me about Namecheck but when I told him about the info provided by Congressman, he then told me that it was going thru additional review!!

    Now , guys....hsall I file a WOM? Whats your take?



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