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  • h1b_forever
    09-13 02:08 PM
    It is so frustrating to not have a receipt for Jul2 filing yet. Should be poll to see how many are still waiting





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  • sujijag
    08-27 05:50 PM
    We got 2 year EAD too, with 140 pending for more than an year :(

    I don't see any USCIS link pointing what Murthy & Co says. Probably its her own assumption.





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  • Jyotsna
    10-13 11:01 AM
    My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did

    Applied I-485 in EB3 - (July - 2007)
    Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
    Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
    I-485 Approved on Sept, 2, 2009.

    My advise would be :
    Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.


    Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.

    Regards
    (I am not an attorney)

    My P.date is 2002 EB-3 and I have used AC-21 is it possible for me to change to EB2 ? and can you share info of your attorney. Thanks.





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  • barun1978
    10-29 09:19 PM
    I had my stamping this week in chennai for H1-B (7th year). I work for a reputed company and direct employee with no clients etc... This was my second stamping at this consulate, they asked for I-129 (which was perfect with all the docs provided to USCIS by the attorney) , W2 and employee verification letter. The consular was specifically trying to determine whether there was any vendor or client ,once she determined there was not any the visa was approved and got my passport in 3 days. But i noticed a lot of ppl had tough time if they were working as contractors.

    PS : the photos taken at costco are rejected by VFS, better is to get a PPhoto in india or at the consular office. This will save the last minute hassle.



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  • Saralayar
    08-13 11:02 AM
    This thread should be deleted. Not related to our cause.
    Time Pass thread... Just a break for world news...





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  • som_yad
    08-14 09:00 PM
    Thank you ksrk for your reply on validity of I-94.
    I know I become paroled if i enter using AP.
    As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
    1) If H1 approval comes after I arrive
    2) If H1 is approved when I am in India.

    Thanks



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  • nogc_noproblem
    05-28 02:35 AM
    Good thinking Mr. Jacob , being spent thousands of hard earned dollars on these applications and renewals, I agree with you 100%. However, do you think anybody (in the govt) will listen to this? I lost that confidence long back. (I just sent a check for US$ 915 for AP renewal for me and my family, by the way, this is my 3rd EAD/AP renewal process but I never used them till date).





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  • ski_dude12
    02-22 07:21 PM
    Did you inform USCIS that you are changing jobs using EAD and invoking AC21?



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  • acecupid
    07-23 09:24 AM
    Need some help here answering a question in form I-539 Part 4, Section 3, Item a, b and c as follows:

    Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.

    Are you, or any other person included on the application, an applicant for an immigrant visa?
    Has an immigrant petition ever been filed for you or for any other person included in this application?
    Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?


    I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.



    Here's my status:
    -Working in US since 2004 on a H1B so this is my 7th year extension.
    -This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
    -I-140 was filed in March 2007 and approved in October the same year.
    -I-485 for family and I was filed in July/August wave in 2007.
    -LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?

    I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.

    The questions which you posted at very straight forward. What is your confusion ? Has anyone applied a petition for your family with an immigrant intent ?





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  • Keeme
    02-11 01:40 PM
    Last week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?

    Looking for your replies.

    Thanks,
    Raj

    Contributed $300 so far.

    Call and ask them how can they do this huge mistake and they will issue one for you as well !

    My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?



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  • jyothu
    07-18 04:19 AM
    The only way he can get more H1B is by staying out for 1 year, especially since he is already in India. In order to take advantage of the 485 filing, he MUST be on a legal status in the U.S. His legal status does include being your dependent, i.e L2 or H4 (if you are on H1B). Basically, in order to do that, he has less than a month to obtain a dependent visa and move to the U.S. This would mean that he would have to trade the possibility of getting an H1 with that of receiving an EAD in a few months.
    Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
    In any case, I would strongly urge you to consult an attorney immediately.





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  • indianabacklog
    04-17 09:18 AM
    Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?

    BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:


    Thanks again!

    Interviews are definitely NOT instant. You have to book ahead and fill the respective embassy forms, pay the fee and take necessary documentation to the interview. The approval notice does allow one to work but in order to enter the country to start the job you need a visa in your passport.

    This last message you posted poses another question. You can only get an L visa with a company if you have worked for them for one year outside of the US. How does a person file for a new L1 for a NEW company when they have been working on a previous L visa with that company. The company do the filing anyway since L's are employment based visas.

    This whole story is getting more curious.



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  • eb3retro
    04-13 10:39 AM
    Hi,

    First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.

    I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.

    I have a AP, valid through January 2011 and a EAD valid through August 2010.
    Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.

    I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?

    Any information will be highly appreciated.
    Folowinga are the documents, that I would be carrying:

    a) I 140 approval notice.
    b) I 485 receipt notice.
    c) valid EAD
    d) valid AP
    e) AC21 protability letter from my immegration layer.
    f) I 140 support letter from my new employer.
    g) Offer letter from my new employer.
    h) termination letter from my earlier employer.
    i) Address proof
    j)W2

    Can anyone let me know their expirence if faced similar situation please.

    do not worry..its going to be perfectly alright. i travelled thru jfk using my AP after using ac21 twice. infact i only gave my passport, along with new i94 filled up , with a copy of the AP at the port of entry to the officer. no questions asked. just remain calm and answer any questions asked politely. AP is for this exact purpose which helps you to exit and enter country during this excruciating time of 485 approval waiting. so, you are good to go as long as you have a valid AP, infact I travelled once using AP, when I didnt have a job here. all it matters when you reenter is if you have a valid AP/VISA to enter the country.

    On a different note, please update your profile. people value that a lot here..





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  • martinvisalaw
    04-02 01:18 PM
    As other posters have said, your wife should file her H-4 extension ASAP, requesting a backdated (nunc pro tunc) approval. I have done a number of similar cases and had them approved, but this is no guarantee that your wife's would be approved. She does need to explain the delay in filing, and be prepared to leave the US if there is no decision on her extension by about mid-July.



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  • priderock
    06-15 12:49 PM
    How about an option, I just got in to US and taking advantage of this situation by buying an approved LC for substitution ? Doubt any one would tell even if they are doing it :)





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  • greencardvow
    08-03 06:59 PM
    H1B and 485 are two different processes. H1B extension has nothing to do with your 485 filing. If the priority dates are not current at the time of filing H1B extension and 140 is approved you are eligible for 3 year extension...
    Fire your company lawyer for incorrect information.



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  • Anders �stberg
    March 4th, 2004, 02:00 AM
    Very cool. Gets the Vertigo award from me. That has to be the tallest spiral staircase I've ever seen. They don't design em like that much over here - probably to minimize the possibility of jumpers.

    I don't think they do here any more either, this is an older building so building standards were a bit different.

    I'm not very good with heights, so it's "interesting" to shoot this. :)





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  • SSSarkar
    06-24 06:33 PM
    I am also applying 485 and my lawyer told me that the passport should be valid for atleast one year.

    Hello All,

    I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

    I have two issues I am not sure about how to procced --

    1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

    2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

    Please let me know if you know anything about these questions. Appreciate all your responses.

    Thanks.





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  • senthil1
    06-26 01:48 PM
    First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.

    It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?

    Is it:
    1> The time when bill is signed by Bush?
    2> The beginning of the following fisical year?
    or
    3> You can keep working till the current H1B expires, but cannot renew?

    thanks!





    pappu
    09-22 02:07 PM
    I'd like to think it was our media campaign letters that did it :)

    Yes. We got a lot of interest from reporters due to the letters and press releases members sent. The credit for all media coverage goes to each and every member who participated in the media action item.





    vrbest
    09-09 10:42 AM
    Looks like you missed to check it before you went thru hospital. It is always advisable to apply Birth Certificate thru Hospital and apply SSN yourself at the SSN office.. This way you will get your SSN within 2 weeks of you applying SSN. Many times hospital staffs explain this unfortunately you did not get this msg.. You can call SSN office and see if you can get SSN over phone.
    Good Luck!
    Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?