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  • freetospeak
    07-18 07:17 PM
    Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same




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  • signin241
    04-04 02:00 PM
    I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.

    Is there any risk involved here and if so, please let me know

    Thanks in Advance




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  • permfiling
    12-10 01:03 AM
    My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.




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  • thomachan72
    06-11 06:10 PM
    I strongly feel that CIR should be brought back and our amends included by our lobbying. Next time CIR is brought back, I am sure favorable amends for H1b GC applicants will be included/debated. I am only concerned about why there are no updates from the IV core group so far. Lets hope the lobbying firm that IV has hired is keeping track of the "behind the doors" discussions to make CIR more pleasing to those who voted against the closure of vote.



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  • piyu7444
    04-01 02:45 PM
    CantLeaveAmerica

    The officer asked several questions

    Where do I work
    What is my job title
    Am I married
    Do I have Kids
    What is my current address and proof of it.
    What is my wedding date
    Hav I travelled out of USA from last entry
    Did I ever get any money in form of help from Immigration
    Checked my pay chq (current) and w-2 for 2007.
    Asked for Employment verification letter
    Asked to show I 94 card

    Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below

    Do I have any illegal kids (hahaha)
    Was I ever involved with any terrorist org
    Have I ever tried to being in ilegals to USA
    Have I ever worked as a Prostitute (lol)

    In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM

    The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.

    Hope this helps people out here........Good Luck ALL.




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  • mantagon
    07-23 09:54 AM
    AP is not a status, it is just a travel authorization. So, you may let it expire and then when you need it again, you apply for a new one, to be used for re-entry to the US.

    Hope this helps!

    Hi guys,

    I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.

    I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?

    I am still working on H1 and she is a parolee.

    Thanks in advance fopr the responses.



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  • kumar1
    09-22 11:11 AM
    You get this kind of mental state only after spending 8-9 years here! Look at people with PD of 2007....trying to sue USCIS for interfile! It took 7 years for my wife to get EAD. Some of the H4s got EAD in less than 6 months. Am I going to sue USCIS? Hell No!

    Life, Liberty and Pursuit of Happiness!

    Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your “current state of mind”. I hope you get your GC soon.




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  • mallu
    02-17 03:40 AM
    There's nothing new in that website. EB-2 India for entire FY is GONE.. FINIS.. KHATAM... KHALLAS.
    ....
    That forum posting by Attorney says " ...Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    In April, India and China EB2 will be set at 12/01/2003
    ...

    So ?



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  • WAIT_FOR_EVER_GC
    06-08 03:18 PM
    As far as I know he was allowed to board the flight. No issues there but there can be issues when he re-enters US. Since he was on B1 (10 year Multiple) he can stay max 6 months in US so he has I 94 till Apr 09 but if he say come in Oct 09 to US again the system might not have checked him off so it might display that he is still in US and he overstayed his Visa and so CBP will call him in for secondary inspection. As far as I know it can be resolved by showing flight ticket stub and arrival stamp in destination country etc. Its more if hassle than anything.

    Nothing will happen. They will not have the I-94 record at port of entry. I and many of my friends did not give our I-94's while going to india. I threw away the old ones and came in with my new one.
    Nobody will ask you, u don't have to take the pain of going and informing the Port of entry.




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  • terpcurt
    December 25th, 2004, 06:38 AM
    My phone is not a camera phone.......................... and I like it that way ;)

    FP Scheduling worries ! [Archive] - Immigration Voice

    View Full Version : FP Scheduling worries !




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  • jthomas
    04-22 01:30 PM
    1. Its illegal for you to pay money for H1B. (you can contact DOL for that, your employer won't be able to hire H1B's).
    2. Please don't ask illegal suggestions here. this is a forumn for Highly skilled legal immigrants. you can find your answers from your lawyers.
    3. Its not worth applying for H1B if you are in India, this year the quota did not get filled within a day. India is going much better than US during this recession.

    Thanks
    Jthomas

    Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.

    --One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and

    --Is it advisable to get my H01 filed at this time?
    --What if the USCIS asks client letters? They said, the company will take care of it at that time if that happens -- is that even legal to say that?
    --What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.

    Please suggest. Thanks




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  • solaris27
    10-02 11:16 AM
    Yes it will be Pending Adjustment for all of you if you use EAD .

    But as backup and if not required just be on H1B visa and do job for same company again if possible .

    or if you are changing company file H1B extension as backup.



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  • Voetsjoeba
    05-27 01:32 PM
    I love this contest :beam::love: I think Festers site is the ugliest although they are all VERY close to eachother.




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  • psk79
    10-15 01:33 PM
    Now my last option is to apply for AP for my wife while she is in India.
    Can I apply for AP when she is in India?


    I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.



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  • blacktongue
    01-20 11:32 AM
    Any EB3 here?
    Famous American Immigrants � Immigration Update (http://immigrationupdate.wordpress.com/famous-american-immigrants/)




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  • ram_ram
    06-08 02:16 PM
    Not possible. You can carry your PD once the 140(based on the labor that has the PD) is approved. Not the other way..



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  • mrajatish
    06-08 03:18 PM
    I agree - better be safe than sorry. My take - you are just unlucky, USCIS randomly picks folks who have been in the country for a while to see if they have ever been out of status. Likely, they are doing that with you.

    Have you kept your I-20? Can you call your old Univ. to get payroll stubs (I think you can do that)?




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  • logiclife
    08-01 01:57 PM
    Here is my prediction.
    With July Fiasco INS has learnt their lessons.
    They have potential to process and approve 40K cases in one month.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
    I think they might even issue again 40K cases in october ?
    Why not ?
    So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
    So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
    I would say dont be surprised if it takes just one month to approve ?????

    Finger-printing and namecheck are not connected. Namecheck is triggered as soon as receipt is generated. Fingerprinting is separete. The two are not going to affect each other. The only thing is fingerprinting results are out in about a minute or two, namecheck can take anywhere from 2 minutes to 20 years.

    you can expect faster processing times for those categories who tend to be current for most bulletins. Which is EB1 and ROW EB2. Everyone else who is current every once in blue moon is not going to get processed quickly.

    The only guarantee is that they wont waste the visa numbers this year or next year, coz they did that last year and wasted 10,000 visa numbers and got unpleasant treatment for that.




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  • yganreddy
    06-16 08:40 PM
    Hi Guys,
    My personal experience on this. In my case I found a positive skin test and went for X-ray scan. In xray scan they found a module and USCIS doctor is reluctant to give a 693 until I got clearance from PCP. I researched a lot on this and found that positive skin test might be because of different bacteria in body which may cause to bump and not exactly the TB bacteria. There is a new test called TB gold test, where they will specifically test for TB bacteria in blood sample. This was negative in my case and got a result from pulminology department. USCIS approved doctor gave 693 after reviewing it. My GC got approved without any problem. Accuracy in tb gold test is 97% where as skin test is 70 to 80%. I agree the volume of tests are less but the new technology is more accurate than the old. Hope this helps.

    Thanks




    roseball
    02-28 04:33 PM
    Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.

    #1: I am working for Company A (current company). My GC processing details (with current company):
    1. Labor Approved.
    2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
    3. I-485 - NOT filed
    #2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).

    I want to change job and join Company B (new company) for excellent offer and life long stability.

    As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?

    Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
    A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?


    A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved

    B. Yes, new company can start a new PERM and port your earlier PD during I-140 process

    C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.

    Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)




    needhelp!
    09-16 03:01 PM
    DH called and said he did it too!! YAAAAYYY Its my lucky day.. He is now officially initiated into IV.



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