Tuesday, June 14, 2011

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  • dngoyal
    07-27 05:10 PM
    hello rolrblade
    Thanks for all this,
    in the last you have said,
    "Also the email from you is "legal authorization" to sign"

    But in my case email is not attached with the application.

    as I sent mail after filing the application.

    is it OK?/




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  • ameryki
    02-29 01:50 PM
    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.

    What if the lawyer does not have the receipt notice either? Will I need a copy of the receipt notice or original when applying for EAD/ AP renewal? or can I use any other supporting documents?




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  • jayleno
    12-02 03:01 PM
    Yes. Thats true. If you are not eligible for any other H-1extensions(i.e. labor filed 365 days before etc), you can apply for premium processing for I-140 if your H-1 is about to exprire. However, the extension can only be filed with a copy of the approved I-140. You can also do your H-1 under premuim processing if you are running out of time.
    I think its better if you just go ahead and apply and pray everything works according to plan.

    FinalGC, Thanks for your reply. I am partially paying for this process. I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?




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  • kumar1
    12-08 12:16 PM
    Do not come to software if you do not have a interest in it. This field has its own set of stress and problems. I know people who moved from manufacturing to software because of (a.) good money and (b) chance to see USA/Europe. They are the most frustrated guys around. After 2-3 rounds of lay off, they want to go back to their old job but after 5-6 years, they are not fit for their old job either.

    Last but not the least, I can not imagine someone making 200k and coming to forum with these set of questions.



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  • japs19
    01-22 11:18 AM
    Red my other posts where I wrote my experience as I was asked the same question. But here's the answers to your questions in nut shell.

    If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
    If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
    They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
    There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
    Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
    Good luck...
    Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.

    I am planning to travel on AP and is not working anymore for the GC sponsoring company.

    1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?

    2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?

    PLease advise




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  • meridiani.planum
    08-12 05:40 PM
    if your applications are pending for over 6 months (approvable and your PD isc urrent for this long), file a writ of mandamus. Thats the only thing I have seen that moves USCIS to approve such old applications that are hiding behind the 'under background check' flag. Note that FBI namecheck is also now required to be completed within 180 days, so there is no excuse for an application to remain approvable but not approved beyond those timelines. talk to a good lawyer and pursue your case aggressively.



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  • Tshelar
    01-02 02:11 PM
    The consulate usually do need more info if you work for Pharmaceucatical or Biotech company. I work for a Pharmaecutical company and when I had gone for my Visa interview they were very specific to ask me if my work deals in any kind of research in chemicals etc. Since I work in the IT department and has nothing to do with reasearch they did not ask for any more info.
    I think your wife should be fine if she furnishes the info that they need.




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  • masterji
    10-14 05:40 PM
    I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.

    Not a lawyer. This is not a legal advice.



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  • mhathi
    04-15 04:35 PM
    Heartiest Congratulations!




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  • prince_ny2000
    05-16 02:46 PM
    My question to my valuable friends is that if I've filed PERM well before 365 days (i.e. the last year) but it was denied and then i refiled another PERM after the 365-day period was started, then would I still be able to renew my H1 based upon filed PERM or approved I-140 or what? :confused:



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  • micofrost
    07-16 05:59 PM
    AILA/AILF

    Another mess in creation or what. Whatever AILA/AILF is publishing is in stark contrast to IV and others.
    What the hell is happening. I would love to believe IV but would hate to ignore AILA. IS AILA screwing up because they need some financial reimbursement too. From their press release, looks like we have a long ride ahead.




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  • humdesi
    12-07 10:37 PM
    I've known a few EB-1's. The typical profile is a guy with a few years experience working in a desi outsourcing company in India. Their direct reports are a few freshers from colleges you've never heard of, some with 3 yr diplomas.
    After a year, they move here on L-1 visa and promptly apply for GC. In the US, their direct reports are other fresh H-1Bs or L-1s. They plan the whole thing just with an EB-1 in mind - and they get it too.

    In the past EB-1 numbers have been unused and distributed to EB-2/EB-3. I don't see that happening in the future.



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  • nlssubbu
    10-08 08:12 PM
    i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)

    as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?

    Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.

    To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.

    (PS: I am not a lawyer and please use my advice based on your own discretion)




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  • yanj
    12-16 12:46 PM
    You can not work after 7/9/2007.
    The end of the OPT will determine when you must stop working.
    The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.

    andy


    THANKS



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  • cahaba
    04-14 12:31 AM
    Thanks all for your responses.
    I will get the ONET job codes and post them over here.

    Also, how do you guys feel about the self employed option? My friend or his spouse can start a company (LLC) and he can part-time and remotely work on some projects while pursuing his current Marketing Manager job. Does anybody have experience or know somebody who has used the self-employed option.

    Thanks.




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  • nidar
    03-05 11:04 AM
    just did



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  • justice4all
    02-25 04:57 PM
    This is the link.

    http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html

    Hi akhilmaharajan,
    I cant access the link. It opens a blank page. Can you tell me why?

    thanks




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  • glus
    03-19 11:33 AM
    How will an I-140 gets cancelled just because he left the company. GC is for future employment, that should have nothing to do with the current employment. Same with Place of work issue, place of issue on H1 has nothing to do with I-140
    As amit has suggested approaching Senators will do wonders (atleast for some)

    I140 does NOT get canceled when one leaves the company. Check with a 'good' lawyer if you don't believe it.




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  • H4_losing_hope
    04-15 04:28 PM
    Hi folks,

    Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!

    Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
    abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.

    I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!

    my best :)




    waitnwatch
    07-15 04:27 PM
    As far as I know you donot need to file another I485.

    Hi Gurus,
    1) Is it possible to have 2 different I-485 with 2 different employers at the same time?

    I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,

    2) Is it possible to file second EB2 I-485 through my future employer?

    3) If file second 485, what will be affect on pending I-485?

    Thanks




    luckysiri
    02-18 07:32 PM
    One of my close friend and her husband both had Greencard. She delivered baby in India in 2002. They were not able to get their son to US. They tried visitors visa for the baby but the consulate rejected the visa. The baby is still in India with his grandparents. They filed for his greencard (family based). They are counting days to get their son to US. He is already 6 years old. It is very tough for the parents and kid. I am not sure about the other options that people has mentioned. But I see my friend family directly who are facing this problem. I don't think it is a good idea.



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