Sunday, June 26, 2011

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  • loudobbs
    10-09 05:40 PM
    This is very useful information. So it is the Job Classification code that is important right??



    I agree - the post is a little erroneous. I'll try change it.
    Cant change the thread title ... Sorry




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  • Sunx_2004
    01-02 04:05 PM
    Congratulations you started the process, Now relax and wait. Without any favourable legislation It can be while before you can apply for your AOS. Meanwhile have labor and I 140 approved.


    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??




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  • GcInLimbo
    12-01 12:28 PM
    Thank You for your reply. Here are the more specifics of the case in short and understandable manner.

    1) My H1B expired in Dec 2006 and an extension was filed in Oct 2006.
    2) In February 2007 my company got an RFE on my H1B extension.
    3) In Mar/Apr 2007 my company replied to the extension with the requested information
    4) In Apr 2007, my case was transferred to Seattle Local office
    5) In June 2007, my I-140 got approved
    6) I-485 became current in July 2007, and we applied
    7) I started working for another employer in August and the H1B was approved in September.
    7) In September/October we received receipts for the 485 filing and the EAD/AP applications were approved in October 2007.
    8) My new employer didn't apply for her H4 as she had a pending H1 application for Year 2008 ( Starting October 2007) that later was approved without I-94. Her employer filed amendments for missing I-94 and an RFE was issued on her H1B filing requesting more information.
    9) We later withdrew the application as she got her EAD approved and I-485 receipt
    10) Now I got the Notice of Intent to deny requesting evidence of my legality from Dec 2006 to July 2007.

    Since my H1B was pending for this period, doesn't this put me in legal status. I hope this information helps. Please let me know if you have any specific questions to answer my query.

    Once again thanks for your input.




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  • sriramkalyan
    06-23 02:56 PM
    May be it is positive for skilled legal immigration. Since CIR is not coming anytime soon, congress can look at improving exiting legal immigration and Administrative changes can happen!!



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  • s416504
    11-17 10:40 AM
    Your reply looks OK except your lawyer's suggestion to inform employer about parole status. I don't mind informing employer but the Question is "Is that mandatory to inform employer ?" I think Lawyer's intention could be we need to inform employer (as well as lawyer ) about AP during applying next H1B extention.

    Thanks...

    Here you go:

    If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.

    If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.

    Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.




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  • GCWarrior
    04-16 02:57 PM
    Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

    Thanks



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  • mmk123
    07-17 11:29 AM
    I agree as well as dis-agree.

    numberUSA give this argument for all the immigration communities which I am sure is from a different perspective (xenophobic or race). They just don't want any immigrants no matter what.

    I am talking only about this crisis and merely from economic point of view. About choosing based upon what is good for the economy and what is not.

    Thanks,
    M.




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  • thirumalkn
    07-23 06:26 PM
    Hi all,

    I'm not sure if this has been already discussed before. I did a little bit of search, but couldn't find any relevant thread / posts in this issue on IV forums. Hence posting this question. If it is already discussed, thanks for providing the link.

    If a company is willing to promote a Green Card applicant, how long should they wait after filing for Adjustment of Status (I-485) ? Let's assume the promotion Job description would be including all the current responsibilities and in addition there will be some more managerial responsibilities.

    1. As soon as AOS (I-485) is filed.
    2. After getting the I-485 receipt.
    3. After the Finger Printing process (Biometric).
    4. After getting the EAD.
    5. After the 180 days mark (since the date of file) using AC21 portability.
    6. After the I-485 is approved.
    7. Only after getting the Green Card on hand.

    Please provide references if there are any clear legal / procedural documents explaining this online.



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  • hnordberg
    July 15th, 2004, 11:55 AM
    Wow! That is an amazing image!




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  • eb2_485_mess
    08-29 06:36 PM
    what is the date shown on the online status message?
    Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?

    Does the processing time on website go via RD or ND?



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  • indio0617
    05-02 03:43 PM
    Well, good lawyer or bad lawyer, everyone here knows, that they never reveal the true story of what and where the company messed up.
    I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
    Any input is appreciated.
    thanks.....


    Yes. You definitely have time to do all that. PERM should take max 4 months total time, I-140 via premium processing will not take more than 2 weeks. So, you need not worry about the timeline at all.

    If you want to move to a new employer go for it.




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  • waitforgc1
    05-07 11:39 AM
    Me and my wife also have LUD on 04/23/2009. And my priority date is Nov 2004
    I think based on the information on other threads its usually normal nothing
    can be derived of that LUD.



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  • needhelp!
    04-10 05:27 PM
    Please continue to post bugs and suggestions.




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  • what_now
    06-08 02:01 PM
    did you get a finger print notice? as far as I know they wont send FP notice for paper filing..but just want to confirm.

    notice....



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  • jayleno
    06-20 08:05 AM
    I don�t know about the port of entry, but for EAD and AP they might insist. You must have read my earlier post. In my case they had enough evidence to verify that I had a 485 application pending, but they still chose to send it back. I guess it also depends on the knowledge of the person handling your case. The only way to find out for sure is to apply and see if they send it back. Are you the primary applicant in your case or is it your husband? My lawyer said they did not get the 485 notice for 1 year now, but I know for sure that he has it.

    I went for my driver's license in CT and they asked for an I-485 receipt notice when I showed my EAD as my status. They too sent me back saying they cannot give me a license without the I-485 receipt. You never know where they ask for that.


    I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??

    Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.

    Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...

    Thanks




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  • chunky
    07-26 03:14 PM
    Lawyer told that after AOS filing one is in dual status so no worry. But I am not 100 % sure



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  • mytrix76
    01-10 01:20 PM
    My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
    I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
    http://www.murthy.com/news/UDnewins.html
    "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."

    Can some one please throw some light.

    Thanks




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  • sanjay
    01-27 01:48 PM
    According to CNNMoney: “Home Depot, the No. 1 home improvement retailer, announced Monday that it is shutting down its high-end EXPO business and shrinking its support staff, with both moves resulting in a reduction of 7,000 jobs.”Posted in Retail, US***Tagged: Home Depot layoff*** http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1231&subd=layoffblog&ref=&feed=1

    More... (http://layoffblog.com/2009/01/26/home-depot-cutting-7000-jobs/)
    http://immigrationvoice.org/forum/showthread.php?t=23346
    http://immigrationvoice.org/forum/showthread.php?t=23347


    Idiot, why are you creating a thread for each company. you could have mentioned Home Depot, Catterpillar and pfizer in the same thread.

    Before creating a thread, you should think that you are eating space and band width of a site which is run by a non - profitable organization.




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  • prem_goel
    12-03 10:24 PM
    I have...
    Frist stamp from INDIA (home country),
    2 Visa Stamps from Washington DC
    Last stamping from Matamoros (Mexico)
    Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?

    YEs, but I am not a lawyer. Secondly you should refer to the US Consulate at Tijuana's website for the latest rules. I believe as of now, you are since you have 1 stamping from your home country.

    I met one guy during my stamping who had the same situation and he got approved. You have to show them the india stamping though, else they might get confused seeing your other stampings. Initially they said to him he was not eligible, but when he showed them his first India stamping they let him in.




    chanduv23
    11-15 11:18 AM
    What a shame and Ignorant people we are trying to motivate...

    We are getting requests for getting into the State Chapter but when we ask people to take the survey they are not taking it.

    If people cannot take a simple survey, how can they help themselves.

    The Join State chapters campaign is going on for months now and it is pathetic that people are still sitting and cribbing and doing nothing but crying on IV forums.

    It is really a shame on so called Highly skilled immigrants. Rather it must be highly skilled unmotivated lazy cowards.




    nat23
    11-17 01:43 PM
    I'm aware of the fact the SKIL Bill has been introduced both in the House and the Senate but it has been coupled with the CIR in the Senate.

    If the CIR dies or is pushed out till 2009, what are the chances of SKIL bill being taken up for discussion?

    If you look at the priority dates , they are moving along quite smoothly for rest of the world except India.

    This scenario concerns me.

    When people say the immigration system is broken they mean illegal immigrants. Only a few who understand and know the immigration system closely know that its broken with respect to legal immigrants also.



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