Sunday, June 12, 2011

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  • ganguteli
    06-02 11:31 AM
    Recently, I made my own PP photos using http://www.epassportphoto.com/

    This is a great service - It creates a jpeg file from a picture that you upload, and you can choose the "free" option in which you can save the jpeg file with 4-6 pictures in one frame (A 4" x 6" photo can yield 6 pp photos of 2" x 2"), and take it to Walgreens/Costco/Kinkos for a printout for $0.25 each. Otherwise you pay about $8-$12 for 2 photos at the same stores!!

    For a family of 4, this equates to savings of ~ $40!!!

    The site has all the tools for meeting various types of visa/pp/etc photo requirements for various countries.

    Wow that is so Great!!!!!! You saved $40.
    Now how about contributing it to IV?





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  • indyanguy
    11-07 08:58 AM
    I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
    not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
    The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.

    Thanks for the detailed reply. In my case, the company's lawyer suggested this option. I have a MS from US, have enough experience and the job profile justifies an EB2 application. Unfortunately, I got stuck with EB3.

    I will keep in mind what you suggested and will do more research before taking any action.





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  • ibmguy
    04-09 07:31 PM
    I think I am not going to put a fight with the department handling my immigration. I may have to go for stamping though because they may not be willing to renew AP every year as a valid visa will save then from trouble (only trouble for me). Everyone is trying to cut short on expenditure.
    BTW, my name ibmguy stands for Intermittently Brainwashed and Manipulated Guy. It has nothing to do with International Business Machines.





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  • vin13
    12-08 04:56 PM
    Hi!

    I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)

    I am leaving many opportunities just to be with my sponsor for this six months!

    Please guide.

    Thanks,

    Raj

    The lawyers usually advise you to stay with the company for 6 months if you can. In your case, the employer is not willing to pay. So do you really have a choice here?

    It may be easier to convince the officer that you moved on to another job (maybe similar kind) rather than having a situation where the sponsoring employer was not willing to pay.

    When you are trying to make such important decisions, do not just rely on responses from blogs/forum. Consult a immigration lawyer for a few hundred dollars.



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  • qualified_trash
    01-08 06:56 PM
    Thank you richi.

    Iam also thinking on the same lines.

    Also looking forward to any TCS PF withdrawal experiences.

    Thanks
    not to trivialize the issue at discussion.......... I am sure this is important to you.

    However, what does this have anything to do with Non Immigrant visas?





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  • LondonTown
    05-04 07:58 AM
    Hi-

    My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.

    In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.

    I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?

    Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.

    I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.

    Thanks


    You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.

    Technically they only fix the errors made by their officers but they can do it if they want.

    Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.

    If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.



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  • kprgroup
    02-01 11:33 AM
    Update on H1B Extension

    Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.

    Thanks Ann
    KPR





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  • webm
    05-29 12:54 PM
    4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
    ---Yes depends on your H1 validity one can continue working although I-94 stamp paroled for 1yr validity expired ie AOS pending status will let you in and contine the work on H1 or EAD



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  • windsordesi
    04-23 12:05 AM
    I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,

    I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer

    Details:
    Company:A for Programmer/Analyst: and 140 is approved.


    I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.

    Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.

    I am confused as to what should be my next steps:
    Can I still join them?
    What is the less risky option?
    Keep working with current company? (I haven't informed them of pending offer)
    I very much appreciate any help you can provide.





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  • EkAurAaya
    07-10 09:37 PM
    My observation... based on i140 application

    My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC

    There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water

    Last name starting with A, C, E, G, I, K..... transfered to TSC
    Last name starting with B, D, F, H, J, L..... stayed at NSC

    any comments? again this is only based on my observation on a very small # of cases



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  • STAmisha
    07-25 01:41 PM
    Gurus

    Plesase





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  • Gravitation
    08-02 09:33 AM
    Congress has gone into unscheduled recess till Sept 8th. Then it'll be too close to elections. Once new congress is seated, all bills introduced before then will not have any standing. So, let's be realistic and not get too excited.



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  • gcnirvana
    06-22 01:04 PM
    Hi,
    I was in a similar situation back in 2006. I got my visa stamping for my future H1-B but at the POE, the officer stamped my I-94 only till the end of current H1-B. But he mentioned that I can go to the nearby CBP office and get it changed once my current H1-B expires. And I did exactly the same. No issues.

    Go ahead and enjoy your vacation.

    Thanks!





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  • sagittarian
    12-18 06:24 PM
    . hope this helps.

    You bet! Thanks a lot.



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  • veni001
    06-22 02:46 PM
    With same employer could definitely trigger audits from both DOL and USCIS!!


    Hi,
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


    Thanks,
    Sunil





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  • laksmi
    12-06 10:54 AM
    Increasing H1B quota may not be the good choice, US Economy needs stability in immigration, immigrants should be issue with GreenCards for pending AOS and thereby people can invest to buy house and stay in this country.



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  • div_bell_2003
    06-22 12:43 PM
    Your H1B extension has no value till 09/24/10 when it becomes active.
    You can probably go to India to get H1B stamped on July but you have to present your current H1B approval as the petition required and ( check with your office lawyer on this ) you are most likely going to get H1B visa valid till 09/23/10 ( based on your current petition ) . I don't know what your POE in US is , but I've heard/read anecdotes where the CBP officer at POE plays 'too much on top of his things' and tells people that their entry date is very close to their visa expiration date , that's when you bring out your extension approval. Once again , please check with your lawyer on possible issues to look out for, but this can be done.

    You can work legally in US with an expired visa and a legitimate H1B extension approval notice.

    Good luck.





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  • surabhi
    05-28 10:23 AM
    It should be from the date of approval, but USCIS seem to optimizing the process to make it valid from previous EAD expiry date

    see page 2 in the following link

    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf

    relevant text is reproduced here

    Second, the Ombudsman recommended that USCIS issue Employment Authorization
    Documents valid as of the date any previoua EAD expires.


    USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.

    Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.

    Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.

    Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
    progress on this front.





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  • permfiling
    09-07 11:49 PM
    I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
    With Employer B, I have an approved EB2 140, but the priority date is in 2007.
    What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?

    I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.





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    11-15 11:29 AM
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    Memphis



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