Friday, July 1, 2011

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  • gc750
    01-02 06:37 PM
    Hello Freinds,

    I came to India on a vacation and went for a H1 stamping on 29th Dec at the Chennai consulate. I ended up getting the famous Pink 221G (Additional Admin Processing - AAP). I believe it is because of my muslim name (I am not a consultant or working for any consulting firm, full time employee with my comp's IT department, work for a reputed manufacturing company and done MS here in USA, been in USA for 9 years now, had previous F1, and H1 stampings).

    The VO asked very basic questions (who is the employer, what they do, where did you go to school, what majors) and didn't take any of my documents except the D156, D157 & Employee letter. She said my visa is approved, however I will have to go through AAP and will have to wait for 4 to 12 weeks.

    I am planning to wait till the end of January and if nothing moves ahead in my case, then go back to USA on Advance Parole (Based on the experience from other members who were stuck in 221G and who travelled back on AP), and come back to India once the 221G is cleared, and the consulate requests to send Passport.

    One of my personal concerns about this approach, does the consulate consider my visa applicaton abondoned if they find out that I have already entered US (using AP)? and will it have any issues in the future with my pending AOS?

    Has anyone gone through this similar situation (that they travelled on AP while H1 is in 221G status) and got successful stamping after the consulate has requested to send the Passport.

    Anyone please share your experience in the above situation........

    Also if am returning to USA on AP, do I have to show the I797, so the Immigration officer puts the expiration date on the I94 as the date on the I797

    Any suggestions will be greatly appreciated.

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  • eb3retro
    07-13 10:34 PM
    this is an attorney question. also this forum is for employment based green card issues. please check with ur attorney.

    Can you please help me figure out how to calculate the eligibility for citizenship. If one married a US citizen. Obtained conditional residency, the temporary green card, then forgot to apply to remove conditions. So re-applied for green card, and was granted. The parties have been married 5 years. Will the initial 2 years spent as a conditional resident count towards the 3 years for the citizenship? Again, I want to stress out that after the initial 2 years in conditional permanent residency, forgot to remove conditions, and a new application for green card was needed. However this time the permanent green card was given. Or will she have to wait another 3 years from now on with the permanent green card until applying for the citizenship?

    I appreciate any help.

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  • randallemery
    03-10 10:27 PM
    Over 100,000 demostrated in support of comprehesive immigration reform (which includes retrogression) in Chicago today:

    Nation wide rallies are planned for March 23rd.

    New MeetUp topic for various grassroots members just formed:

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  • iad2ead
    01-15 07:35 PM
    Looks like approved folks don't seem to visit this site.. hence low numbers..


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  • mihird
    07-09 10:26 PM
    It will be subjective of the examining officer...he could choose to deny the 140, issue an RFE or may even just ignore it...

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  • Adam
    10-06 05:16 PM


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  • srisairam
    07-26 11:23 AM
    My H1B 6th year expires in December 07,

    I applied for I140 using 2004 approved labor in July 1st week and applied for 485 this week.

    I read a article in

    Substitution Beneficiary Enjoys H1B Extension Benefit!

    In a particularly liberal construction of the law, Mr. Yates indicates that, if a labor certification, previously approved for another "green card" candidate but unused for that candidate, is now being used to support an I-140 petition for an H1B status holder, the date of filing of the original labor certification may be used for that H1B nonimmigrant to file for one-year incremental H1B extensions, as long as additional proof is submitted that the person has a pending or approved I-140 based on that labor certification. Under this interpretation, therefore, a person who is using a substituted labor certification that was filed more than 365 days prior, but whose employer filed the I-140 petition for the H1B employee only two months before the six-year H1B window expired, is now eligible for the one-year incremental extensions.

    Can I get 7th year extension with help of I140 receipt?

    Is any one applied for H1B 7th year extension using 21st Century DOJ Appropriations Act, if yes what type of documentation we need to submit while applying for extension?

    If there is any answer in previous links please past the link here.

    My attorney has no idea about 21st Century DOJ Appropriations Act.

    Seniors please need your advice immediately

    Thank you

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  • BharatPremi
    09-28 02:43 PM
    Up for it. Thanks for posting though.


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  • FinalGC
    03-10 10:39 AM
    Sorry you cannot claim. You have been a resident of GA, so rent/meals/commutation/laundry cannot be claimed as deductions in Tax return. You never had a home in NY/NJ. You will surely be a RED flag for IRS. Dont do wrong things to get some money. State the truth and be satisfied of the tax return you get.

    However, you can surely ask your employer to give a part of your salary as expense reimbursement, which is legal.

    Trust me, you get more tax return here in US, than in India.

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  • vipul_pandey
    02-11 02:53 PM
    I can also see that the LUD on both my and my wife's 485 applications have changed. It happened on 4th feb i guess (that's when i got the notification).
    As 'bostonian' mentions this can be a fingerprinting update or may be zipping and archiving of our files for all we know ;) (just kidding)

    EB2 (PD 12/06)


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  • gcdreamer05
    11-06 06:32 PM
    I am applying for a green card and my lawyer sent me a case number starting with an A and in the format : A-#####-##### for my PERM.
    I tried but it does not accept case numbers starting with "A".
    Can you please tell me where I can go to look at the status of this application?

    The attorneys have a login when they file the PERM electronically and only they can track or the employer can track it. As far as i know it is not open to public.

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  • Ann Ruben
    01-14 08:55 PM
    Your new employer can file an H-1 petition for you, BUT you are not eligible for an extension of H-1 status because you are not currently maintaining H-1 status. In order to resume H status, once company B's petition is approved, you would have to go to a US Consul outside the US, obtain an H-1 visa and then re-enter the US using that visa.


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  • natrajs
    10-25 05:28 PM
    Tri State Folks

    Don't miss this

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  • kirupa
    08-09 09:16 PM
    Sorry - I am having a great deal of difficulty understanding your question or the problem you are trying to solve.

    What is the draft? What properties are you trying to change?


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  • yestogc
    05-07 05:12 PM
    No issues while entering at POE, but I-94 will be given only till H4 validity period.

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  • GCHope2011
    06-30 08:39 PM

    I have a question. I am on H1 and are planning to extend my H1 along with my wife H4. My question is, we both have EAD's and I never use EAD. My wife is looking for jobs on EAD. If she works on EAD, can she still able to extend H4 status?

    Looking at your profile, your date is current now - hope you don't need to apply for anything and get the GC itself...


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  • anilsal
    10-12 12:04 PM
    It may be better to call the USCIS 800 number and I think there is an option for change of address.

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  • thomachan72
    07-08 10:32 AM
    Everybody please post the names of attorneys who are easy / not easy, safe / not safe to deal with. People can post the names of the attorneys and a brief description (without specifics) about the problems / happy endings, they encountered. This could become an excellent review post for immigration lawyers. we could also maybe put 3 or 4 criteria to score them from 1 to 4. for eg:-
    availability to answer questions
    timely filing
    acurate filing (with all documents)
    current with legal provisions and latest changes
    overall easiness to work with
    etc etc
    Experts pls join in to fix the scoring pattern. We need to know the crooks and the good samaritarians out there.

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  • pritesh80
    02-14 08:47 AM

    I have a H1B visa stamped on my passport for Company A. This visa is valid till Nov 2008 and will need renewal after that.

    I recently changed my company from Company A to Company B. They have filed for my H1B transfer.

    Question 1] Will this new H1B for Company B be valid for 3 more years (Till Feb 2011) or will this visa have to be renewed in November 2008 (remember by visa stamp for Company A is valid till Nov 2008)?

    Question 2] What if I want to travel to India this October (remember by visa stamp for Company A is valid till Nov 2008)?? Can I still travel on my old visa stamp or will I need to go to embassy again in India for a new stamp

    Thanks in Advance for your answers.

    08-09 07:30 PM
    same subject another thread. People went crazy with first one. Now one more.....:rolleyes:

    10-19 02:11 PM
    No it's not.

    Flash, php, mySQL

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