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Thursday, June 9, 2011

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  • chitra
    02-26 09:56 PM
    Thank you for your reply. The scenario would be...if my husband loses his H1B due to a layoff, etc, then I would lose my H4 status. In that case, will I still be able to enter the US on a B1/B2 as it was initially valid till 2013.





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  • purgan
    12-17 12:44 PM
    For folks who have waited that long, they should not keep them tethered to the empoyer or occupation. They could perhaps do its administratively...for instance, anyone with a GC petition pending longer than 5 years should be eligible for adjucation on the basis of EXISTING paperwork.

    A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.





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  • learning01
    05-05 01:53 PM
    in this administration. Corrupt and not working. Sad state of affairs.



    GOP's Ed Rollins: Hookergate is "Big"
    By Justin Rood - May 3, 2006, 10:15 PM

    GOP super-strategist Ed Rollins (late of the Katherine Harris campaign) made a couple interesting comments on Charlie Rose last night. First, he indicated strongly that he believes a number of the other lawmakers in trouble with Hookergate are Defense appropriators. He also says as many as 15 lawmakers could get indicted over the mess in the next few months.

    Maybe Ed's playing the expectations game: if voters buy the 15 number, and only seven actually get busted, well then the kids aren't so bad after all. Still, it's interesting speculation from an insider. I just found the show transcript on Nexis -- emphasis is mine:

    ED ROLLINS. . . If this House scandal is as big as I think it is from talking to people that are around it -- of course it started with Cunningham and it`s moving beyond that.

    GEORGE STEPHANOPOULOS: Duke Cunningham.

    ED ROLLINS: Duke Cunningham, a congressman from San Diego who took bribes. There was a real little cabal on the Defense Appropriations Committee in which a couple of people who basically made an awful lot of money off of defense contractors and basically rewarded a bunch of members, Republicans.

    GEORGE STEPHANOPOULOS: Including a story that broke over the weekend, perhaps the use of prostitutes.



    Harpers Magazine: Red Lights on Capitol Hill? (http://www.harpers.org/sb-red-lights-on-capitol-hill.html)

    WSJ: Prosecutors May Widen Congressional-Bribe Case - Cunningham Is Suspected Of Asking for Prostitutes; Were Others Involved? (http://online.wsj.com/public/article/SB114610728002837324-FnHaEYAFT_b7QFGwPxnAIiEcHEI_20060527.html?mod=tff_ main_tff_top)

    My feeling is that there wont be any new bills for years sometimes. Both house and senate are deeply divided on the immigration issues. All of them want reform. But nobody can agree on any proposals being put forward to.
    Most of them want 11 million illegal immigrants here for their contributions. Most of them dont want 11 million illegal immigrants when they look at what they have to pay for their contributions.

    When taking into account of all of these I feel like people will argue for sometime and then will become happy with whats left. The 11 million will stay as illegal for some more years. And the legal immigrants will wait in the line for their rest of the life.





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  • HRPRO
    05-04 01:43 PM
    What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!

    Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D



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  • eb3retro
    04-09 01:27 PM
    hassan,

    If I were you I would keep the AP also in hand, just in case, you know to be on the safe side. we spend so much money in this freakin GC journey, may be AP is worth it, cos, you dont want issues after spending 24 hours of travelling of facing this crap in the POE.





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  • eb3retro
    08-21 01:15 PM
    1) Are there any issues traveling on AP under the following circumstances??
    - there's no current H1 stamp, although H1 extension for 3 years has been approved
    - AP is expiring within 2-3 days of planned return?
    - New AP is filed/pending, Receipt Notice received
    - Employer is a Fortune 500

    2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??

    3) Docs I need to carry, besides... :
    - H1 Approval notices?? (All of them since day 1?)
    - I-485 Receipt Notice
    - I-140 Approval Notice (do i need this?)
    - Current AP Approval Notice
    - Pending AP Receipt Notice
    - Paystub??
    - Letter from employer??? (do I need this?)



    hi jazzbythebay,

    i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...



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  • kams
    08-08 04:40 PM
    Damn, I am in the same boat! PD Dec 2004 RD July 27 2007.:mad:





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  • SK2007
    04-02 01:15 PM
    I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.

    I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?

    Do you know who is processing your pay checks, is it ADP? can you get a copy from them. I always carry latest pay stubs while travelling, come up with some execuse and try to get the paystubs. You can always fight and get the situation resolved, but that is your choice.

    I once had a bad experience with a travel agent, It was hard for me to get my tickets from them, until I called the local TV networks. Once they received a call from the TV network, they issued my tickets in hours. In your case, it is going to be your call on how much you want to fight to get the situation resolved.



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  • nivedit.tyagi
    02-19 06:52 AM
    List of representatives for Georgia.

    http://www.house.gov/house/MemberWWW_by_State.shtml#ga

    Need to discuss a plan to call or meet them personally to explain our situation.

    --
    Thanks,
    NT





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  • lecter
    February 27th, 2004, 07:39 AM
    Count me in............10 a week! We are all here to share and offer opinions, praises and learn from the good and the bad in all of us.....(talking about photography here...........Lecter)

    I cannot possibly comment bob...

    but I do get noticed in this country...

    hehe

    http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg



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  • chantu
    06-20 03:11 PM
    I am also planning to do that. I think we can do that but I will clarify with my attorney next week.

    Please let us know what he says!





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  • gc_chahiye
    12-18 12:49 PM
    I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.

    good point. Also keep in mind:
    - you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
    - recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.



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  • PHANI_TAVVALA
    02-26 12:46 PM
    I had a 10 year multiple entry B1/B2 visa which was to expire in 2013. I got married a couple of months ago, and since my husband is on a H1B, I got a H4 visa for the next 1.5 years. My passport with the B1/B2 visa DOES NOT have CWOP (Canceled without prejudice) written on it. My question is- has my B1/B2 visa been canceled? Or is it still valid? Can I hold 2 visas for entry into the US at the same time. If it has not been canceled, can I still use it for entry into the US once I lose my H4 status? Thank you for your time.

    Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.





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  • dilbert_cal
    04-26 12:21 AM
    WillGetGC2005

    Alright my last understanding was wrong.

    So to recap what I understand :-

    You have a PD of 2002 in EB3. Have approved I-140 and pending 485.

    What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.

    Since you have a 485 filed, why would you want another 485 ?
    Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
    If you convert your case to EB2 which is current, you may have your actual GC much sooner.

    Now to your question - what happens if the old employer revokes I-140.

    I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.

    If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)

    Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )



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  • GCUser1
    09-12 07:30 AM
    Fill this form http://www.dol.gov/esa/forms/whd/WH-4.pdf and submit the form at local office ( http://www.dol.gov/esa/contacts/whd/america2.htm)

    Good Luck !!!





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  • validIV
    03-20 05:25 PM
    This pretty much guarantees H-1 for small businesses. With the already reduced number of H-1 applications, you are a shoe-in for H-1 if you apply this year from a small company.



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  • Kushal
    06-18 05:57 PM
    I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
    Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.


    Don't they have a package based on immigration requirements? You can get everything done by one surgeon..





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  • gc_on_demand
    05-14 11:27 AM
    Is there anyone out there pursuing CP and already working in the USA?

    In today's economy/job market, it is a nightmare not to have the protection of EAD.

    Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?

    Any thoughts?

    Looking at your PD it will take a while to get green card in either route. CP is great when dates are current so you can easily get GC . but when dates are not current AOS is good becasue dependetns can get EAD and also little more security than not having EAD.

    CP is done by Dept of State ( Consular Post ) and AOS is by USCIS. They are totally different agency under umbrella of DHS. CP cannot get benefit of EAD.

    For you it will not be easy to be in both place now. It will be option for person lets say like me whose date never became current and I when I filled I 140 I mentioned CP. I think it take 1 year to route your application to Consular post. so later if my dates become current and my application is not at consular ( Means I am not going to get interview ) I can file AOS. But person already have file CP for more than year then if dates become current he / she will get interview.

    For mumbai consulate there is option for AC I 140. where consular accept Attorney certified copy of I 140. So if I believe that my PD will become current in coming 2-3 months then I can file I 824 and ask to route my I 140 to Mumbai for CP. which takes 1 year atleast to finish . but in meanwhile my date become current I can take receipt notice of I 824 and go with attorney certified copy of I 140 and they can grant me visa. But it needs very sound planing of when date become current. ( Which is not possible in current environment ). If dates are current for a long time CP is good.


    Now you dont have even option to get EAD so I would say stick with CP.





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  • lskreddy
    03-12 04:34 PM
    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...

    Would anyone know if there is a third valid case for H1 extension i.e.

    LC approved, I140 pending (just a month) but LC is less than 365 days old?

    My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?





    mirage
    07-05 12:40 PM
    It is even better. Atleast we'll get the media attn..





    amitjoey
    01-22 06:26 PM
    I Salute you, IV Core



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