Tuesday, June 14, 2011

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  • aquagirl
    05-22 09:31 PM
    Where in the application on the vfs website, can I add another family member? I was not able to find the place to enter another petition no. or passport no.

    If we can only take one appointment per family, will the counsulate people review both, my husband's and my H-1 docs together?

    Thanks




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  • hoolahoous
    11-11 09:08 PM
    there is no law/rule saying that you need to stay with employer after getting GC. However, GC is for future employment, so some people have been asked in past (just read on internet, so take with grain of salt) at citizenship as to why did they apply for GC for an employer they didn't want to work for. IF you get asked that question, you need to have a valid answer (layoff etc.). Also that question alone may not decide the fate of citizenship.


    PS: I am not a lawyer, so this is not a legal opinion.




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  • Libra
    07-09 04:59 PM
    how to change my vote then???

    over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.

    This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.

    ************************************************** ***************************************
    ************************************************** ***************************************
    ***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
    ************************************************** ***************************************
    ************************************************** ***************************************

    ONLY EB2-INDIA PLEASE.




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  • pitha
    07-12 10:40 PM
    Please dont gets your hopes too high. I am not saying this out of scepticism but out of the depression and pain I experienced on july 2 when the evil uscis said they will reject all 485 applications.

    I understand the good natured thought behind IV stating this possibility of "good news", but they should have held off on the announcement until it was confirmed. So many people are unnecessarily getting excited. god forbid if this news fails tommorow I can only imagine the pain the people would experience.

    I can only pray and I will pray without getting excited.



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  • FUNTIMES
    04-15 09:55 AM
    I am also having the same issue. My return has been rejected twice already.




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  • bigboy007
    11-21 02:07 AM
    You can call UK consulate and ask them for this information. They have a paid phone service (~2 dollars per minute) available. If you do not mind me asking, why are you going through the pain of getting a transit visa?
    they advice atleast 4-6 weeks even though avg processing time is 10 business days, you may email them its better than paying for same info



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  • insbaby
    07-23 05:26 PM
    *** USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations. ***




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  • roseball
    04-02 02:06 AM
    What I have mostly heard is that people in consulting jobs are the ones who are having issues at POEs and not the ones in permanent/full-time positions...I am not making a statement here but saying this is what I heard and read.



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  • Lasantha
    06-19 02:14 PM
    ---
    Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.

    My understanding is that the body's reaction to a second TB test is severe.

    I have no doubt that all the advice given above is valid. But I thought I will add what I found out during my research just prior to my medicals.

    It seems that these days USCIS is issuing RFEs for applicants who skipped the TB skin test but opted do the chest X-ray straight. I saw this on Murthy and several other sites. I know it doesn’t make sense but looks like CIS is pretty strict that the skin test must be done first.

    Of course it could be different in your case since you are already on meds. I just thought of letting you know.




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  • sparky_jones
    06-06 04:42 PM
    hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
    I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.



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  • JazzByTheBay
    08-21 01:11 PM
    Very helpful response!

    Yes, it depends on IO, but assuming USCIS has been informed of AC21 portability, I'm guessing we should be OK.

    Thanks again,
    jazz



    I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.

    On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.

    On our return in two days our greencard was also approved without any RFEs.

    Again it depends on I/O in the port of entry I guess.




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  • gemini23
    11-19 09:21 AM
    Thanks Wandmaker,

    my question was if my visa page has expire visa stamp, is that okay to send them a copy of that. will it impact my ead approval?

    gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee



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  • rameshk75
    08-15 08:59 AM
    Here is my situation:

    My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.

    Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.

    Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).

    Questions:
    1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
    2. Can i join with company 'C' by invoking AC21?

    Please share your thoughts and experiences.




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  • eb3retro
    03-16 01:49 PM
    Hello Everyone,

    I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.

    Please advise.
    Thank you.


    how abt u update ur profile first.



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  • sbmallik
    05-04 10:59 AM
    Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?

    Really appreciate all the answers!!

    You can't maintain H-1B status while physically residing in India. But, you can still have your GC process running.

    An absence won't be of any consequence as long as the visa is valid and you are employed by the same employer.




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  • chint001
    11-27 11:19 PM
    I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.

    I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.

    I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).

    Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
    I guess you are right, attorney is the best way to go about it.
    will post my out come here soon.
    Till then please post your comments or views here.

    Appreciate the responses!



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  • gonecrazyonh4
    03-20 01:14 PM
    I googled quite a bit , but could not get any more info on these bills. If any one find relevant info pls post it here.




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  • 510picker
    November 30th, 2008, 06:41 PM
    Owen, when did you go over to the dark side? :eek:




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  • masterji
    10-17 10:06 PM
    Can you enter in AP and continue as H1B?




    abdulazeez77
    08-14 06:06 AM
    On reading my last post again, I don't think it is very clear. Let me try to explain again. When my wife comes back into the country, she needs to get a new I-94 at the port of entry. One of my friends mentioned that there is a possibility that the officer could mistakenly stamp the date on the new I-94 card as the same as on my wife's visa stamping (Dec 2007 as per my prior employer). In order to avoid this, should my wife pre-emptively submit her passport as well as transferred I-797 and I-539 and request the officer to stamp the new dates on the I-94 (Dec 2009)? Please advise.

    Regards,
    Azeez




    HRPRO
    05-04 01:26 PM
    Hello experts,

    My situation:

    1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
    2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
    Now using ead for working with the present (second) employer as a permanent employee.
    3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
    In 2011, I used it,since my H1 was also expired.

    4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
    PD July 2006


    Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
    Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
    Using travel visa won't be helpful for longer stay.

    My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.

    Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
    Since I am working as a permanent employee, it will be easy to renew/maintain H1.

    Is it possible to convert ead to H1? What could be the consequences?

    Please advice.:confused:

    Thanks

    You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.

    HRP



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