Sunday, June 12, 2011

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  • GC08
    11-04 06:59 PM
    Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.

    I don't know. It is just puzzling that some people got both while others only got one. What is the basis for approving AP?





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  • roseball
    12-27 06:17 PM
    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice

    You do NOT need a new VISA stamp as long as you have a valid/unexpired VISA stamp from your previous employer. However, you should carry the original H1 approval along with recent paystubs and make sure to tell the officer that you have changed employers and show the IO the new approved I797C before he stamps and gives you the new I-94. If you do not show the approved I797C from the current employer, then you will be treated as working illegally for your new/current employer because the IO will issue you an I-94 with Old employer information filled in the system. Your new I-94 should be valid till the validity of your new I797C.





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  • sriharirag
    07-16 09:57 AM
    In the article. It also says that

    "
    It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach."

    So, we don't know...





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  • LC2002
    04-14 11:08 AM
    COngratulations on finishing the long journey !! Keep visiting IV :)

    Thanks, sure. Can't resist to come back as it has become old habit and old habits die hard!!



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  • ujjvalkoul
    01-30 06:04 PM
    in short....when they cannot determine ur duration of stay..u get a one year license...interesting...wonder if you still have H1B and 485 pending what will the SAVE system pick for ur status...so unless for all AOS applications we can get EADs for 3 years, we will have to get DLs every year...given they accept EAD as a status/duration of stay proof..which they wont coz they will be looking at SAVE only for verifying appplicant status/duration of stay.....

    We are looking at a big mess folks...

    -----------------------------------------------------------------
    Comment: Commenters said that this provision would be unduly
    burdensome for many individuals who have lawful status for extended
    periods of time, such as F and J visa holders, and specifically
    expressed concern that the rule is eliminating a long-standing
    provision for J-1 participants, who, under State Department
    regulations, are entitled to a thirty-day grace period after completion
    of their programs to travel within the United States One of these
    commenters suggested that States be allowed to use the end dates listed
    on the certificates of eligibility for each of these visa types as the
    ``ending date'' of status for the purpose of obtaining a driver's
    license.
    Response: Again, the determination for lawful status in the United
    States will be made by the SAVE system, not particular documents. SAVE
    takes into account the grace periods to which those in certain F and J
    statuses are generally entitled. It should be noted, however, that
    since F and J non-immigrants are admitted for ``duration of status,''
    which is an indeterminate period, they would normally be issued
    licenses valid for one year.





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  • smisachu
    01-15 11:28 AM
    This should pose no problem. My uncle who was also an ex Army officer got B1 to visit his kids here. I also have a friend who is retired from the Army and is now on H1 also waiting for GC. Only problem will be for Army personel of Rouge regimes like China, North Korea, Libiya, Iran, Some African countries and Kamer Rouge etc.

    Hello All,
    My friend's father wants to apply for B-1 visa for tourism purpose. He is a senior retired defence personnel in India and now having successful post-retirement career as a education consultant. Will his Army background prove to be a detriment to his B-1 visa application?
    DS-157 specifically asks for prior military training and knowledge of handling of firearms. All answers are affirmative in his case.
    Does any one know if some one with this profile was able to get B-1/2 visitor visa



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  • nish
    10-06 08:48 PM
    when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.

    Thanks for your reply....
    I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
    During COS process ..I will not be working on project so is this become problem for denial of COS status

    Please advice...

    Thanks....





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  • chanduv23
    09-15 06:41 PM
    IV HAS PROVIDED YOU WITH THE VEHICLE - ALL YOU HAVE TO DO IS TO RIDE IT

    RIDE THE IV VEHICLE AND BE A WINNER

    YES WINNERS

    SITTING BACK AND DOING NOTHING - WILL DO NOTHING - YOU WILL KEEP GAZING AT USCIS UPDATES LIKE FRONTLOG, BACKLOG, BEC, PERM, ATLANTA PERM STUCK, FBI NAME CHECK ISSUE.....



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  • emmNemm
    12-11 05:13 PM
    Thanks enqueued, maddipati1,lskreddy, va_dude, vin13 for the valuable information. I really appreciate it.





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  • misfortune13
    03-16 08:49 PM
    I love joining to this forum



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  • sagar_nyc
    03-07 03:42 PM
    I was with Company A. and had visa stamped for company A till Dec 2006. I switched from Company A to B in Nov 2004. and travelled to India in July 2005. Since I had a valid visa from company A, I didn't got it stamped with company B. Although I carried my transferred H-1 (Company B) and showed it to Immigration Officer upon arrival, which he was fine with.

    Again This is not a legal advice. Please consult to lawyer before leaving.

    Good Luck





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  • desi3933
    07-13 12:28 PM
    I did not generate. The employer did, but I paid the taxes due 925% + 12.5 % employer tax)

    So you "paid" taxes, could you please explain how it is legal?



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  • northstar
    05-10 08:07 PM
    I just applied for my little one yesterday.

    fingers crossed!

    Can't believe getting usa passport for my little one required two page application and just the birthcert, But for PIO they need everything in the world!

    Yeah, because you applied for US passport for a US citizen :D, whereas PIO was permanent entry card for a foreign national. Naturally more documentation is required where foreign nationals are involved, look at your own green card process :D





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  • jvordar
    07-09 07:09 PM
    I140 copy is useful to argue that your extension is based upon I140 but is not absolutely required.. i was in the same situation abt 2 months ago.. my new employer was asking for I140 copy but then they filed with just the receipt # and stated that the copy is not available. i got my h1 transfer approved without any issue.. it all depends on the officer who is handling your case.. sometimes some officer thinks that it is your responsibility to provide everything, sometime some officer just looks up in their system with the receipt # provided.. but according to the lawyer from my new company they have never heard of the case where the transfer is rejected just coz the I140 copy was not provided
    my new employer also clearly stated to me that there are chances though of the rejection and even got my signature on a letter stating that i understand the risks..so may be u can ask your employer to get your sign on something similar to that and have them file just with receipt#
    hope this helps..



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  • bhavingreat
    09-22 05:09 PM
    hi,
    Thank you all for your reply.

    I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.

    Thank you again for all replies.





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  • CaliHoneB
    01-11 01:06 PM
    Hi,
    I hope I am posting in the right space and hoping to get some input from people who have been in a similar situation.
    My mother is coming from India (Hyderabad) to San francisco . The ticket was booked in India and we were hoping to get a travel companion for her and help her through gate changes, customs and related stuff. When we talked to travel agents they kept postponing until one week before departure (She leaves on 14th). Now they were able to locate one companion until London but after that they split.
    Eventhough wheelchair assistance was requested from London and confirmed. I am worried that she never traveled by herself and she wouldn't be able to complete all the forms or answer all the questions or even stand in the right queue by herself at the port of entry in San francisco.
    I am sure there will be other passengers from London to San francisco but I want to talk to them before she gets on the plane and not leave to chance and hope somebody helps her. With all the new privacy issues how do we get in touch with Telugu(worst case Hindi) speaking people on the plane from London to San francisco.

    I would appreciate your input

    Thanks in advance



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  • cinqsit
    01-23 12:47 AM
    Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
    Do you think they might reject the case for any reasons?
    How long do I have to stay in Canada if in case it's approved?

    Thanks
    Sudha

    if its approved I think you get it back the same day (that was back in 2007)

    if you get stuck in administrative processing it can take few weeks to months - check forums/threads on that topic

    cinqsit





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  • Imigrait
    02-07 12:44 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

    Not sure about H1B, but I know this that she has to get give some certification exams for the state that she wants to practice from. A friend's wife got a certification done and then she worked in the US, and her employer filed for her GC and the GC was approved in 6 months in 2006. They are from India. I believe the US has a huge need for physiotheraphists and so under some rule/quota they get a GC very fast.





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  • amitga
    12-09 07:02 PM
    To second what SITM said in this post, my case (interfiling from EB2 NIW to EB1 EA) was approved on March 30, 2009. My I-485 was submitted in Aug 07 thanks to the July 07 melee. In my case, I had my lawyer do the interfiling for an additional fee. So, I am not sure how the interfiling request looked like. But, I did follow with NSC on my I-485 s after the request on a regular basis and I believe that it helped! AFAIK, it looks like interfiling is not completely hopeless.


    Can you please share what steps you took to follow up with NSC on interfiling and did they respond to your requests.





    martinvisalaw
    07-19 11:37 AM
    Hi,
    Could some one let us know while applying for H1 Extension do we need to provide notarized documents if one has traveled outside US on H1B. Are these documents mandatory?

    Also what's the general processing time for H1 Extension.I mean how many days does it take.

    You don't need anything regarding international travel except the copy I-94 that you got when you returned to the US, and the visa and entry stamp in your passport.

    H-1B extensions take a few months, depending on which service center is used. if the company pays for premium processing, it guarantees a decision in 15 days.





    scabal12
    06-11 09:38 PM
    I recently got laid off and the company I was working for stated that it will revoke my H1-B. However, the same company applied for GC 4 years ago and currently the I-485 approval is pending. I did not renew my EAD after it expired last year and just continued on H1-B. I only renewed my wife's EAD which will expire next year. So, can I apply for renewal of EAD now and stay legally in this country while the EAD is being processed.



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