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  • piyu7444
    07-23 11:31 AM
    Hi,
    I am planning to renew my AP while in India. What is the procedure to do this?

    My details :
    Applied for H1 transfer - Dec 15,2008 - normal category -still pending
    Ap - valid till Nov 2009
    EAD - valid till Nov 2010.Using AC21 for working with the present employer.

    I came back to India in March, after completing the project.
    My present employer wants me to come to the US only when I have a project in hand.
    Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
    I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.

    In this scenario, I am still not sure, if coming back to US will be a good option or not.
    But I may need to come if the AP renewal is not possible from India.

    In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?

    Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
    My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
    I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
    Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
    I am not very confortable with this situation.
    I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
    I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
    Can you give me some guidence on this?

    You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.





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  • gc_check
    02-21 03:27 PM
    Increasing the H1-B limit without increasing EB-GC quota is going to make our situation much worse. People will soon have to wait for 10 years before getting GCs. :eek:

    Check below article in Times of India
    " Indian IT firms to lobby Bush to increase HI-B quota "

    http://timesofindia.indiatimes.com/articleshow/1423058.cms





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  • adi787
    12-11 08:15 PM
    hi,

    sorry to hear the denial.

    Was this beyond 6th yr extn based on approved 140?

    Or due to small company?





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  • posmd
    03-28 04:04 PM
    I agree that you guys should push for an ammendment that one should be able to file 485 and join the queue and get the derivative benefits once 140 is approved. If we get that alone it is better than nothing.
    However let me put it to you guys that without the green card in hand, living in limbo land albeit with some mobility is no fun either. Isn't that sort of what the illegals have now at their own labour level. We will be 2nd class citizens to be discarded at a fire brand politician's whim and fancy.If that wait is many years it will not be good. Further those applying later and later will eventually end up with inordinate waits leaving them the choice of waiting for decades like in some family based categories.
    I am only saying this since it was stated that this should be the number one priority. The absolute number one priority for all of us should be to quicken the time to a GREEN CARD.



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  • Michael chertoff
    04-07 07:33 PM
    Hmm. Another kela. Don't worry MC, your time will come.

    Bhiyaa aapkee baat samajh me nahee aayee...aap kahna kya chahte hai.





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  • eilsoe
    10-03 01:15 PM
    :::snicker:::

    SPAM*INFINTY+1!!!!!


    ::::runs like h*ll::::


    :::::evil laughter scares peasants:::::



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  • buehler
    01-03 10:46 AM
    IV is working on this and we shall be making this live shortly.


    Pappu,

    Thanks to the core group for working on this. If I may make another suggestion- have you thought about using Google checkout? For one there is no transaction fee till the end of 2007. This would be particularly beneficial if you're trying to collect smaller amounts like $20 every month. Second Google also gives a discount of $10 or $20 for the first payment depending on the amount. So it might turn out to be a lot better for IV when compared to PayPal.





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  • guchi472000
    07-01 04:09 PM
    Hi All,

    I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.

    Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.

    Preferred Vendor X > the Client C

    Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?



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  • arnet
    02-12 05:10 PM
    2yrs ago, my friend did H1 extension -premium processing and he filed his wife H4 extension along with his extension application. so USCIS approved both within 15 days because both are filed together.

    if filed separately, i dont think you can have premium processing for H4. check with your immigration attroney as laws/procedures changes often.





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  • absaarkhan
    01-18 10:33 AM
    All,
    I have a very GOOD update on
    "IS H1B TRANSFER POSSIBLE AFTER ENTERING US ON ADVANCE PAROLE"

    I posted this question On Rajiv Khanna's website on
    The question is on the Jan 17th conference Questions list.
    He answered my question.

    According to him even after you enter on AP, u can still work for the same employer on H1B, and he also confirmed that we can do a H1B transfer even after using AP, NO NEED TO GO OUT OF USA FOR H1B STAMPING.

    This is a very good info for me i was trying to get this info for a while now.

    Hope this will be useful to atleast some of us.



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  • needhelp!
    02-13 03:20 PM
    There's time till evening.. keep 'em coming.





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  • deardar
    07-03 10:30 AM
    Dharna in front of USCIS building .
    Hunger strike etc etc



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  • chanduv23
    05-21 10:46 AM
    Exactly the same thing happed to me a few years ago while hiking in the adirondacks, upstate NY. If you are within 100 miles of the border the "border patrol police" has the authority to perform immigration checke on you. This is in contrast to local/state police who under-law, cannot ask you for your immigration documents. There is always patrolling on I87 near the border.
    While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
    I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.


    Same place same thing happened to me. Their records were not upto date. But thanks for letting folks know what they can expect if they drive around border areas.





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  • vali
    10-23 02:10 PM
    Thank you so much, I'm pretty clear now, I wish you good luck with your problems, it feels good to know that there still are nice people around.
    Thanks again to you and IV.



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  • Desi_Hydrabadi
    02-20 03:56 PM
    GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.

    Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??





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  • gk_2000
    08-10 03:14 PM
    If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
    1. Increase of Immigrant visa to 290,000.
    2. Master's degree from US in STEM field not counted in any quota.
    3. Master's degree from a foreign country and three years of US experience not counted in any quota.
    4. Family counted as one.
    5. Recapture of visas from previous years

    I hope I am DEAD WRONG. But this seems too good to be true!



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  • WeldonSprings
    01-15 03:35 PM
    Just ask her to recapture 350,000 previous year's visas- That's all! Nothing else will fly in this economy in any immigration bill, EXCEPT for Visa Recapture!



    Hello All,

    Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.

    Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.


    I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)


    http://lofgren.house.gov/

    Good Luck to all of us.





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  • mantagon
    07-16 08:23 AM
    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.

    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.





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  • manishcp
    12-28 10:05 AM
    I am still waiting.
    EB-3 India, LC: Dec 2003
    I-140, Rec. date: Dec 27, 2006





    anilsal
    01-20 08:56 PM
    A passport is provided to an individual as a sign of his citizenship.

    I wonder why they are doing 1 year passports.





    das0
    06-16 02:44 PM
    Predierock,

    Can you please adivse on the following:

    My wife is currently on H4.

    She has a H1b approved for 3 years to start working on October 1, 2007.

    Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.

    She has a job and the company would like her join asap.

    Questions are:

    1. Will her EAD (I-485 pending) cancel her H1B approval for the company?

    2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?

    We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.

    Please advise folks.



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