Friday, June 10, 2011

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  • DallasBlue
    07-13 09:50 PM
    Special thanks and hats off to all who are participating in the rally !!




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  • gcnirvana
    03-30 03:36 PM
    You should be fine. We travelled one month after I switched employers using the AP I got while working for the old employer. No questions asked. But do carry all supporting documents and if asked about current employer, tell him the truth that you switched employers. Don't hide anything. Good Luck!

    All,

    I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

    Can you please help me with following question?
    My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?




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  • gccube
    03-19 07:11 PM
    gccube are you EB3 -I as well?

    "
    FBI Namecheck -- Cleared (02/01/2008)
    FP -- Cleared "

    How did you find out the status of your namecheck and FP?

    I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.




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  • ARUNRAMANATHAN
    06-11 03:05 PM
    Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...

    That is from 2007 to 2010 ....Thanks

    3 year H1 extension from date of application (for example: June 2007 to June 2010).

    If you move to Company B, you need to restart GC (i.e. new LC and new 140). One can port PD from old 140 to new I-140, however there is a risk involved if the previous I-140 is revoked or canceled.

    --------------------------------------------------------------------
    Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.



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  • fundo14
    02-19 12:36 PM
    Hi All,

    I wanted to share my experience at the port of entry using AP.

    Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
    Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.

    We have our 485 receipts/ approved EAD’s and AP’s with us.

    Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP

    At the Port of entry this is how it went:

    Officer: Very rudely asked for our passports & I-94
    We gave him our Passports, I-94 forms and Original AP’s

    Officer: What’s the purpose of your visit?
    Our Answer: To join back at our respective work.

    Officer: Work? Who’s the primary applicant?
    My answer: My wife

    Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
    My answer: But I have work Authorization (showed our EAD cards)

    Officer: That’s all bullhshit, does not mean anything…you can not work here.
    My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.

    Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
    My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)

    Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.

    After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.

    Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP

    The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.

    We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.

    I am worried if he has entered some nasty remarks on my case…not sure.

    Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:

    1. He assumed throughout that my wife is entering on H1 and I on H4
    2. Or he did realize his mistake but was too egoistic to accept it.
    3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??

    One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”

    In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.

    Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s

    Thanks!




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  • eb3India
    05-15 09:45 AM
    being current means nothing, belive me, I filed 485 in March 2004 when everything was current for almost an year, we need IV reform the system to better work for Highly skilled professionals,

    I know in coming months many of us might get GC, including many in IV-core team, but I would like to IV go further after getting GC to continue their effort to put a closure by passing SKILL as a law which is our goal



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  • wandmaker
    11-16 11:38 AM
    FYI - While I was talking to CSR regarding my AP. There was discussion about processing times, she told me that the new processing times will be posted this Friday.




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  • gparr
    March 15th, 2004, 11:10 AM
    Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
    Gary



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  • jthomas
    01-10 08:41 PM
    What are the options for a H1B holder when he/she gets laid off during this present economy?

    I voted as yes, I know my friends who had been laid off from work.

    J thomas




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  • fcres
    08-13 10:50 AM
    Can you share how you can check your status online after you've filed I-485? Who would send you the URL --your immi lawyer or the USCIS? Also, my lawyers filed said they filed my 485, AP, EAD the same day. Is that possible?

    Go to https://egov.uscis.gov/cris/jsps/index.jsp and register as a customer from the left panel. Once you register you can enter your receipt numbers and track your case. If there is a case status update they will send you an email.
    Yes, it is possible to file everything the same day.



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  • Ann Ruben
    03-08 07:10 AM
    Hi Prem,

    Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?




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  • puvathoor
    04-08 03:34 PM
    I am intersted in contributing to the discussion in the region..



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  • GC_SUCK
    11-02 11:03 AM
    As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.

    Plz. correct if I am wrong.

    My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.




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  • glosrfc
    12-11 10:22 AM
    Well done Temp (and the other two guys)



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  • drirshad
    08-13 03:31 AM
    He is gone .............




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  • santb1975
    04-15 04:35 PM
    That is really nice of you.

    Hi folks,

    Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!

    Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
    abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.

    I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!

    my best :)



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  • sandeep77
    02-02 07:43 PM
    I am on F1 too and i recently went to India after we had applied for i-485. I used my AP and when i had asked in my Office of International education I was told that the moment i applied for i485 my F1 was cancelled.




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  • sanjay02
    12-12 12:49 PM
    I have a dumb question, do they finger print you( similar to non-immigrant category) when you enter using AP?




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  • mk58581
    06-06 05:47 PM
    Hi

    Thank u for the response

    client is a finacial firm UBS.
    Consulting firm is a direct vendor to the client and they transferred my H1 offerrin' me FT

    This was the offer they pay $x on a daily basis -- W2
    $65k -- they will mention in H1 and the remaining amount as per the W2 they will pay as bonus once every 3 months, tht's wht the agreetment is.

    In the contract i was mentioning it says in case i fail to provide services to the vendor i am suposed to pay all the expenses they spent on me but the thing is client rejected the offer and there was no job @ all and they stopped floating my resume, askin' me to find a job myself.

    This is the email i received.... but the thing is i never started at all bcoz of clients rejection based on credit report.
    You and vendor entered into an agreement on or about March 8th 2010. According to the agreement you were to provide your services to Vendor by working on a project for our client UBS. Your services were to commence on March 22, 2010
    To date, you have not fulfilled your obligations nder the agreement and thus youare required to pay Vendor the total sum of amounts for obtaining your work authorisation along with the cost of obtainig your background check.


    If i am still not clear please let me knw

    Thanks Again

    Rgds
    Kumar




    GCard_Dream
    01-31 01:09 PM
    Hmmm.. I wonder if that's really the case. H1B extensions past 6 years is only allowed if the petitioner :

    1. has a approved labor and 365 days have passed. OR
    2. has a approved I-140

    Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?

    As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
    For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
    Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna




    Dhundhun
    11-18 12:52 PM
    I have heard that your FP/biometrics does not have anything to with EAD.

    USCIS has its own guideline of issuing EAD within 90 days. Since there was heavy work load after July, they issued without FP. For the EADs issued without FP, they are re-issuing EAD with FP.:)



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