Thursday, June 30, 2011

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  • transpass
    08-08 06:44 PM
    I and my family have to travel to India urgently due to medical urgency. Our only AP document was taken last year and this year the renewal is not yet done. We are using our EAD status and H1 is expired and no longer available.

    Is there a way I can get an emergency appt and a AP travel document. if yes, what do I need to do to get that.

    If this question has been answered earlier, can someone point to the right source.

    Thanks in advance.

    Check with the lawyer first...I don't think you can apply for AP while you are outside U.S. I know for sure, Reentry permit will be denied if you apply from outside U.S. I am not sure if it's the same for AP. Incidentally, you use the same 131 form for both...

    So check with a lawyer before you act based on the advice from the forum, even if it means shelling some money...That money will be well spent...





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  • LostInGCProcess
    09-11 03:31 PM
    Google "Cronin Memorandum" and you will get lot of information with regards to H1 and AP.





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  • vkotval
    03-27 05:12 PM
    I think people on H1/H4 are not eligible for medicare. I think you need to be a permanent residence or citizen to avail medicare benefits.





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  • Pro Engineer
    08-05 11:12 AM
    Hello all,

    i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?

    Person A : PD august 2005 and I-485 filed on : 15 th july
    Person B : PD august 2006 and I-485 filed on : 2 nd july

    who will get GC first ? Person A or person B ?

    thanks in advance.



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  • andy garcia
    03-28 05:59 PM
    Thank you. So we do have to answer "Yes" to all the 3 questions!


    Answer No to 2, Yes to 1 and 3.

    Immigrant Petition is I-140.





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  • amitk81
    09-02 01:43 PM
    the lawyer asked me to cancel the appointment.

    My company booked me a ticket to India for a week and I got it stamped in India (Mumbai) no questions asked and in less than 3 mins I was out the consulate.

    I suggest cancel the appointment and wait until you are traveling to India and get it stamped.



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  • saimrathi
    03-08 02:47 PM
    My PD is Mar 2005, and a status check reveals that my application is "IN Process". When can I expect to clear Labor Certification? What is the current PD they are processing?:confused:





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  • BumbleBee
    03-30 03:28 AM
    sorry to hear about your job loss. AP are supposed to be used during emergencies and it seems you are only planning for a week visit, seems perfect for AP use.
    I have used AP many times, never had any problem, most recent visit being in Jan 2009.
    H1B is having lot of problems in getting stamped and at POE, but I haven't heard anything like that for AP travelers. Just remember that if I485 is denied for whatever reason, AP also gets invalidated(Meaning out-of-country AP holders won't be able to return!!!!).

    I would say go ahead travel on AP. How long can one put life on hold for GC. Its ridiculous.

    File AC21 at the soonest to avoid getting denial.

    Also check this thread for 'AOS pending and AP while out of country'. http://immigrationvoice.org/forum/showthread.php?p=330716#post330716 (http://immigrationvoice.org/forum/showthread.php?p=330716)



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  • Rb_newsletter
    05-04 06:51 PM
    I am not a lawyer, so make sure do discuss with a good lawyer. I am just sharing the info that I know.

    US labor laws are good that no organization can stop an employee from joining any organization/company. Even if your company made you to sign a agreement, that doesn't hold in front of the law. This law could vary little from state to state, but not to great extent.

    If you are receiving calls and emails from your employer, I would suggest, change the phone number, apartment/house, etc. and ignore him. But you should know that at 140 stage you need experience letter from employer. Make sure you can get it from your colleagues. Or you must cut a deal with your ex-employer now.





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  • kondur_007
    04-17 10:35 AM
    I have the following status working with the original H1B employer who filed for my green card petition:

    1) PD Jan, 2007, EB3-I
    2) I-140 approved and pending AOS
    3) 2 yrs. EAD available, expiring Sep. 2011
    4) H1B will be expiring within 3 months (1 year left from 6 years limit)

    My questions,

    1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
    full time employee.
    2) If yes, is it required to inform INS? How and when?
    3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?

    Answers to my above questions will be highly appreciated.:confused:

    Answers:

    1. Yes you can.

    2. You do not need to inform INS as such; all you need to do (when you change from h1 to EAD) is to fill out new I-9 form with your employer. Ask your employer/HR dept and it is very easy form to fill out; that basically changes your job status from "H1 to EAD".

    3. As long as their AOS is pending, they are all legal; I 94 does not matter. They are in authorized period of stay. Of course, their H4 status will be gone.

    Only issue in doing this, is just in case, (by bad luck or something) if your 485 gets denied, then all three of you may not have anything to "fall back on". That is the one risk you take when you let your H1 go. Other than that, make sure everyone has AP (whenever they travel outside) and EAD (if they work/study) and you will be fine.

    Good Luck.



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  • gk_2000
    07-12 04:10 PM
    Could anyone explain to me what this means (from aug visa bullettin):

    Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.





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  • k_confused
    08-16 07:57 PM
    But it is too late now :(



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  • sattar419
    08-05 11:18 AM
    Hello all,

    i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?

    Person A : PD august 2005 and I-485 filed on : 15 th july
    Person B : PD august 2006 and I-485 filed on : 2 nd july

    who will get GC first ? Person A or person B ?

    thanks in advance.


    Person A.





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  • clockwork
    09-19 07:02 PM
    Hi All,
    My I-140 got denied on Sept 4th. I have not received denial notice till now. Only 2 more weeks to file MTR/Appeal. How should i proceed now? My attorney still wants to wait for more time.

    Thanks and appreciate your help -



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  • akizdetz
    08-10 07:33 PM
    USCIS is just fooling with you. :D you are an eastern European, right?

    Hahaha, you're so funny! I guess you're the smart one from this forum, who thinks everybody loves your jokes! Grow up and get a job!





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  • eb2_immigrant
    08-01 05:30 PM
    I called USCIS to check the status of my pending I-485,PD-Dec2005. I was told they are processing applications with ND in July . My RD-2 July 2007 ,ND -28 Aug 2007.
    Since there was no email or online update about my approved AP,I-131, I asked rep to check the status out of curiosity, I was told that case is still pending and they are processing April 2008 applications.

    Here is the weird part; I received my approved AP 4 days back. How did that happen ????:eek::eek::eek: I donno.
    I know the online status is out of sync. My questions -Is this something I need worry about and call USICS to let them know that I have already received approved AP. I donno what�s going on with my other applications. Should I just wait to see the results in the mail and not rely on online status??
    Gurus and thopes pls help



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  • paskal
    08-28 12:57 PM
    but hopefully a lot less :D





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  • sab
    11-01 06:25 PM
    I have filed for I-485. I am also extending my H1B. I have an approved I-140. Can I extend for 3 years? Or is it just 1 year assuming my 6 years are completed.





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  • tnite
    10-24 03:51 PM
    Please reply

    I did get a LUD on Oct 11th but nothing as of yet.check my signature for more details.

    Wait..Wait and wait..





    GCwaitforever
    03-22 09:29 PM
    Wow! This reminds me of Hydra. No offense meant, but these seemingly independent organizations work collectively on many fronts, connected by same STEM.

    Everyone should read this article. A real eye opener.





    kondur_007
    02-23 08:17 PM
    Concept is not wrong but before implementing it they must make sure that it works perfectly...not like that 8 year old kid that was placed in "no fly" list!!!!



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