Wednesday 22 June 2011

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  • ajaykk
    07-07 11:23 AM
    I am also having the same confusion. What should i put in "Current Immigration Status:(Visitor, Student, etc.) "
    The option so looks to be "PAR: parolee" but i still need to confirm it.
    I will appreciate if anyone can guide us
    Regards
    MSandhu

    My wife is in same boat..h4 expired and currently working on EAD, last entry was made on AP. So confused what to write for Current Immigration Status while paper filing..gurus..pls chip in ur suggestions.


    Thanks
    AJ





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  • GCDream
    02-20 09:27 PM
    Chat User: I am currently on H-4 visa, which is valid up to Jan 2008.
    I wish to process my H1B and am planning to file it this April 2007.
    In the meantime, I wish to travel to India starting mid April and
    returning mid May. Do you think there is any problem in doing so?

    Attorney Murthy: A person who travels abroad while a change of status
    has been filed will be deemed to have abandoned that COS application.
    If the travel must occur before a final decision, then the only option
    is to pay for and file for Premium Processing. The other option is to
    travel abroad after the H1B petition is approved, then one is allowed
    to enter on the H-4 and the H1B becomes automatically effective from
    Oct 1, 2007, based on the H1B approval notice. Discuss the nuances and
    other issues with your immigration lawyer or counsel.

    Chat User: Hi, I am on L-1 visa working for company A, I have company
    B applying for my H1B visa. My query is, when my H-1 is in process in
    April, if I go to India should I get stamping for H1B?

    Attorney Murthy: A person cannot travel abroad while the COS is
    pending since that will be considered an abandonment of the COS
    application from L-1 to H1B. If the person travels abroad after the
    H1B petition is approved, then that seems to be less of a risk, since
    the person does not need the new H1B visa stamp in the PP unless the
    person is entering the U.S. after Sep 20, 2007, or 10 days before the
    start date of the H1B petition.

    Chat User: Hi. Can I go out of U.S. when I am on valid L-1 visa and
    H1B petition is in process?

    Attorney Murthy: As I have stated many times, the H1B COS is deemed
    abandoned upon departing the U.S. unless one waits until it is
    approved.

    Chat User: Hi. Thanks for taking my question. My employer has applied
    for an H1B transfer with premium processing. Is it safe to travel to
    India during this process before we know the result?

    Attorney Murthy: When a person travels abroad while a change of status
    (COS) is pending, then the COS application is deemed abandoned upon
    departing the U.S. This means that the H1B petition remains valid, but
    the COS is deemed abandoned. However, it sounds as if your employer
    filed an H-1 extension. It is possible to travel in this situation,
    but there are some potential issues at the port of entry. You will
    want to be prepared on that topic, so you should consult an
    immigration lawyer before traveling. It may be better to use premium
    processing to expedite the case result, so that it will be acted on
    before departure.


    Chat User: Hi. My wife is presently on an H-4 visa, and we are
    planning to apply for her H-1 visa in April. We are also planning to
    visit India in April / May for 3 weeks. Will this cause any problems
    for my wife while returning to the USA on an H-4 visa? If, in the
    meantime, her H-1 visa gets approved, can she get her H-1 visa
    stamping done and return to the USA?

    Attorney Murthy: One should start the paperwork and keep everything
    ready to file in February / March, at the latest, to file before April
    1, 2007. The spouse may enter on H-4 status if the H1B approval is
    effective from October 1, 2007, in this example. But when a person
    travels abroad after filing a change of status, that COS application
    is deemed abandoned upon departing the U.S. This should be discussed
    in a consultation to try to coordinate the filing and the travel.





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  • rdehar
    09-10 10:58 AM
    I have a friend who had got his green card 2.5 yrs ago and his pd was oct2003.

    I know a few EB3-I folks with PD in 2004 who got their GC in July-2007 when dates were current.

    How can they go back this far !!





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  • fuzzy logic
    07-18 03:19 PM
    Hi everyone!

    I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.

    USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.

    Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.

    I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.

    Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!



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  • BharatPremi
    10-01 01:03 AM
    Here is my situation

    I opted for renewing the AP online on Sept 22,2009.Got the receipt at the same time, and next day which is Sept 23 i sent the supporting documents along with the cover letter,2 photographs ,confirmation receipt ,485 receipt, DL copy and passport copy from Priority Mail with delivery confirmation. Today when I tried to check the status on postal website it says that document scanned on Sept 23 which means they haven't reached the destination, now this concerns me because previously when ever I applied AP and sent the supporting documents they normally take 2 to 3 business days to reach.

    Now my question:

    1) If suppose the AP supporting documents get lost in mail then can I send the documents again and if in the mean time postal service delivers the first set


    In between I see soft LUD's of 9/25,28,30 on my AP

    All responses to the above matter is highly appreciated

    Did you call to postal service and ask for the mail status?





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  • shsk
    07-16 01:34 AM
    Friday came and went past, Saturday passed off silently, Sunday still thinking what will happen tomorrow.
    Let us hope Monday will be a good news for all Legal immigrants and our problems of PD fiasco will be solved.
    Temporary or Permanent hope it will be good news to everyone :-)



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  • vgnfw190
    01-29 11:38 AM
    Can you look at the situation much closer and please recommend me a good immigration attorney please if possible

    Attorney Sir,
    After reading the following , Please let me know if I need consultation
    A liitle about me : MS graduate , working on OPT

    Here is my situation.
    On April 1 2008,
    Company C1 applied my H1B , Change of Status from F1 to H1B , Regular Quota
    Company C2 applied my H1B, Consulate Processing, Regular Quota

    Regarding C1 :
    -I have been working with C1 since 2 years now and I have all the pay checks
    -C1 received RFE in July 2008 and RFE replied within 2 weeks, Case Pending
    -C1 applied for Premium processing on Jan 15 after long wait of pending
    -3 LUDs on 3 consecutive days in the last week.
    - Case still Pending

    Regarding C2 :
    - H1B applied on Consulate Processing, So basically it means I need to get it stamped to start my H1B
    - I dont have any paychecks with C2
    - C2 H1B approved in August , after RFE
    - Twist : Employer received only Employer copy of H1B approval and not the copy that is given to the candidate.
    - I have the scanned copy of Approval, that Employer received.
    - In October 2nd week, C2 applied for "I824, APPLICATION FOR ACTION ON AN APPROVED APPLICATION OR PETITION" to get the candidate approval copy.
    - I could not go for stamping because of that to start my H1B.
    - So basically waiting on that

    Current Situation
    Company C3, reputed Software Company
    - offered me a job
    - I have OPT to work with them.
    - But I also want one of my H1B to be transferred... I dont know how to do that
    - If the H1 transfer is not possible, I must ask them to wait till april to apply new one , which is not possible.

    I am looking for a solution, on how to handle this
    Q1) Will I be able to transfer my approved H1B from C2 to C3 ,
    Q2) Will C3 be able to apply COS for H1B transfer from C2 to C3 and change my status from F1 to H1B
    Q3) I cannot get paychecks from C3 because I never worked with them, and moreover it is Consulate Processing H1B, so it is not required to have Paystubs before getting stamped.
    Q4) Shall I wait and see what happens to my C1 Premium Processing?
    Q5) Ultimately : What is the best solution to handle this?





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  • coolmanasip
    05-07 12:11 PM
    You are reading correct! Those lines are preparing for spillover; however, how BIG of a spillover is a million dollar question. Lets see, hopefully the spillover lives with the definition of word BIG!



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  • milind70
    08-28 12:41 PM
    Hi

    Can I book my Visa appointment at Toronto US Embassy without having H1B approval papers? I have just applied for H1b extension planning to conver to premium soon, was thinking since Toronto interviews are baclogged by a month or so if I could jus book now. I am not sure if I have fill ds-156 immediately on the site and if it will cause any problems.

    Please respond if anyone has done so recetnly

    Thanks
    Abhay

    I would only take an appointment after i get the approval to be on a safer side. People might argue by saying that i will do PP,but if there is an RFE and it takes time to resovle it then what?? So to be absolutely safer i would suggets to get the approval and then take the appointment.Never take the case granted that USCIS will approve it if we do PP.





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  • Tito_ortiz
    11-17 12:00 PM
    I second that motion. Also, I think we could think of creative ways to present our ideas. It is known that if we do a standard documentary, I am afraid that could be perceived as "just one more video" on youtube.com. How about if we use humour and come up mocking the system, something that can make people laugh and at the same time be very educative ? Think about it. It is so boring watch a video with that serious, boring man speaking all the time. Instead we should make people laugh hard. That will make them pay attention for good and it may well become a popular youtube.com movie.

    Any film making skilled professional around here to guide us ? :-)

    Cheers,

    Tito

    Could we have a video of our issues posted on youtube and google. That may help get the word out. Could be well worth a try. Core folks - do you think it is a good idea?



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  • JazzByTheBay
    09-11 10:02 PM
    ... and it's about time we act like we are the ones who will get our voices heard, and earn our GCs on our merits and contributions to this country, its economy, and its society.

    LET'S GO TO DC!

    See ya'll there!

    jazz





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  • sanju
    03-26 12:47 PM
    Just posted messages on the website of Sanders & Grassley asking them the time for the next show, the time when they will grand stand on the Senate floor, again, and put up a show so that xenophobic rednecks would clap. The guys will again grandstand on the Senate floor, again call IBM CEO for the hearing, make a joke of how he comes to the hearing, by a car, bicycle, plane, beam me up scotty or whatever, keep the nation and media entrenched with "how they came to the hearing", make a fool out of damn fools in the "free" nation full of slaves of the media, and make mockery of everyone, but never owning up to their actions which will lead to faster outsourcing. But the grand standing will not stop. It will always be someone else's fault, it should always be someone else following Japanese standards to commit suicide, and there will NEVER be a law which will punish lawmakers who make bad policy. For the sake of fairness, Sanders and Grassley shold be held responsible for those 5000 people whose jobs are getting outsourced. The question is, will they own up to their own deeds? Ask them at -

    http://grassley.senate.gov/contact.cfm
    http://sanders.senate.gov/comments/

    I just did.


    .



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  • chanduv23
    06-14 02:28 PM
    what happens if the current employer withdraws LC after changing job and what the options

    Good question. In general employers do not care to withdraw, but you never know, some employers may be crazy and would want to ruin you just because you left them. In general, once you get your h1b approval from a transfer with pending L/C you are safe for that period of time. Yeah it is risky but lot of people, including me did it and still doing it.





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  • desi3933
    06-18 03:32 PM
    Can we change the underlying basis of the 485 and swap the Primary and Secondary Applicants?
    This is because the spouse (wife who is dependent in first application filing) needs to be Primary for whatever reason:

    Job loss of Husband
    Wifes PD is early and get Labor and I140 approved

    This is little tricky, but it should be possible. Also, since it changes answer to the question 2 a and b, it will require clear and to-the-point explanation along with I-485 amendment letter. Probably it needs a very good lawyer.

    Just my personal opinion based on my understanding.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002



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  • BharatPremi
    12-19 11:06 AM
    ^^^^^^^^^^^^





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  • GCforme
    03-31 10:21 PM
    :D:D:D

    yeah but "what is your country of chargeability" is not a very good pickup line in a bar...



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  • leoindiano
    08-25 11:45 AM
    All you guys who have had infopass appointments....I have a questions....do they ask you any questions on your case or is it just supplying information on what you want to ask...

    I used AC21 earlier in the year and have not informed USCIS about it....I m afraid that they may ask me whether I was with the same employer and then I might have to submit AC21 papers.....and may delay my case....any thoughts?

    my philosopy is to not inform them unless they ask as an RFE...

    I am in same boat. I switched employers in May. have not notified. I will just wait for RFE.





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  • gc_aspirant_prasad
    08-29 11:05 PM
    if you are in the triangle,Morrisville, Cary, Raleigh, Durham,Greensboro PM me as well.
    Please reach out to others & let us team up.





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  • bmoni
    12-26 09:54 AM
    Dear Friends,

    MN and mid western members are invited to a conference call on Tuesday Dec 26, 9pm Central as previously announced. Details are as follows:

    Dial-In #: 1-218-486-1300
    Bridge: 405416

    An iv core member will attend the call and will update us on current activities as well as help with planning chapter activities.
    We also hope that members from WI and IL among other states will be present to brief us about their call/meetings and planned activities.

    Please do try to attend the call.

    Thanks!





    virald
    08-29 01:27 PM
    Actually I am in exactly the same situation but I haven't received my AP yet. Ideally, I would go to Canada after receiving the AP and then get the H1 stamped in the passport. The reason being, if the consulate decides not to renew your H1 in Canada immediately for whatever reason like getting stuck in security check then you can still come back to US using your AP.

    I would stay on H1 as long as possible because you can always invoke your AP and EAD at a later date if need be but once you start using your EAD, and AP then can't go back to H1 but I think it just depends on personal situations and preferences.

    That's my plan too. I haven't received my AP. I want to renew H1.

    So, as you mentioned, if someone's H1 gets stuck, can you come back on AP, even though you have applied for H1? How would that work, will the person has to go back to the consulate to pick it up? Do they keep the passport?





    letstalklc
    01-07 10:55 AM
    Yes, my client place also visited by USCIS officer, she came with my colleague (we are full time employees and directly working for client on H1B) profile and asked all the detaills, she also took a picture of his at his cubicle after verified every thing (Job duties, title, nature of work, last pay slip, education etc), the officer also seen HR manager and went into the HR dept (not sure what she verified at HR Place)



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