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  • sdrblr
    07-21 04:23 PM
    We came back on H1/ H4 even though I had valid AP last December. We are travelling again next week and will be back in 2 weeks. Not sure whether it matters what the POE is, mine is Chicago O'Hare.


    When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
    the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
    I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.

    If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.

    One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.

    J thomas




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  • gcdreamer05
    08-12 06:01 PM
    hello all,
    Lets say you are a citizen here or your son is a citizen becasue he was born here.
    Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)

    Then when he want to work there dose he have to get a VISA like us comming here to work ?

    I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.

    so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.

    also if you reject the US citizenship and US is not going to give you any visa..ever !


    Sorry i dont have an answer for your question, but reading this i was very surprised because there used to be some forward emails going on, saying after 10 years, all angrezi's will be standing in queue outside indian consulate waiting for harra patta....... some kind of mail like that, looks like it is becoming a reality :)




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  • Legal
    07-26 12:32 PM
    very good idea! We should fight..

    This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.

    If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D




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  • sukhyani
    01-03 11:16 AM
    Guys,

    I am seeing in CRIS, Soft LUD's on old H1B extentions dated 12/30/07 (2006,2007) while none recent one on 140/485!

    Any ideas to help me understand. My 140/485 were filed in July 2007 concurrently. FP/EAD/AP were done.

    Gurus can you please throw some more light on the following email that I have received from USCIS? I was wondering what the standard processing should mean at this stage?

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case.


    My PD is 09/04 ROW, I485 was filed on June 05th 07.



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  • hawkeye1
    11-14 06:09 PM
    If a labor is applied in EB3 category and later 140 is applied under eb2(bs+5 year experince and salary range). Will there be any complications after invoking AC21?

    Thanks!




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  • kumarc123
    05-11 09:50 AM
    I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.

    Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.

    I agree with you 100% over there, I am up for a lawsuit and a rally. Problem is, so many of the members here are all talk and no walk (Not IV Core members, no disrespect to them). I have sent so many letters,made soo many calls, specially at the time when Lofgreen was talking about recapture of visa numbers. In the end I got frusturated.

    Illegals are better than us, imagine if EAD had not happened? A lot of members would be united to fight the cause.

    Unification is very important. Above all doing something big rather than just talking about it!



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  • NKR
    08-14 04:46 PM
    Please note that, this is no more the issue of not-paying me at all-- He cleverly cleared recently the amount which is stated on my LCA H1. What he is actually withholding, is the difference of this and the actual salary (percentage) that was agreed upon, at that time.

    Then I am afraid you have no case. If the vendor has paid your employer and he is not paying you after you told them you are quitting then it is unethical, but legal, sometimes I wonder how do they even feed their family and clothe them with all this ill gotten money.




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  • p_aluri
    04-01 05:38 PM
    I am sorry to hear about your situation.

    Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.

    Did you try utilizing AC21 as your 140 approved and the 180days crossed?

    Again I am not a lawyer, please talk to experienced attorneys.

    Thank you,
    Aluri

    Hello folks,

    i need some expert opinion here. These are my primary details.

    COMPANY A:
    1. Perm Labor - Nov 2006. (EB2)
    2. I-140 approved - Nov 2007
    3. I-485 filed - July 2007.
    4 EAD - oct 2007
    5 FP - Nov 2007
    6 AP - Oct 2007
    H1-B extension denied in dec 2007 due to variety of company A issues.
    Invoked AC21 yesterday with company B.

    COMPANY B: Bought substitution labor of Feb 2004 EB3.

    I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

    But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..



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  • smiledentist
    06-14 01:45 PM
    485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
    I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.




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  • deepakjain
    02-24 11:14 AM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.

    I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.

    My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.

    Best of Luck,
    Deepak



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  • andy garcia
    10-06 08:01 AM
    That's what I'm talking about ! :cool:


    I am ready to apply for the 9th time this year:rolleyes:




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  • gcisadawg
    09-25 02:45 PM
    http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg

    Enjoy

    The slide is very informative and catchy. But the title could have been better. I thought of sending this to my colleagues at work. But the title
    "What part of legal immigration don't you understand?" stopped me.
    It could have been "Legal immigration 101" or something to that effect.



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  • locomotive36
    11-16 11:01 AM
    ^^^bump^^^




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  • Hong12
    12-14 12:29 AM
    Thanks for a quick response. I checked with my lawyer, and he said that this petition letter is the one they sent to the USCIS, which got approved on the H1 Recapture. This petition letter has somebody else�s education, work experience and job duty on it. The application sent to USCIS has the correct name and sponsoring company, which are my name and my sponsoring company name on it. So, the I-797 (Approval Notice) has my name and my sponsoring company on it. The issue is the petition letter is all screwed up. My lawyer does not give me any advices at all. Please advise what I should do for the interview at US Consular due to my petition letter, which contains somebody else�s background on it. Do I have to resubmit again? Will I get rejected? Are there any better options for me? Thank you very much.



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  • mjdup
    12-15 10:48 AM
    Don't point to websites, its just too much reading and the HR might get the illusion that the process involves too much work whereas its not that bad..

    I was in similar situation five years ago, all I did was during my final interview with HR I requested them and was able to refer an attorney. The attorney did a good job of preparing the documents and providing rosy sticky tags for HR's signature. That made HR's and manager's life so easy. In return, I'm the medium between my attorney and HR. So, you will have to sell it to HR and engg. manager that "its no big deal"....

    good luck,




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  • va_jan_03
    06-07 10:57 AM
    can't make it to DC, made a contribution.
    Transaction ID: 94R50453J99520901

    Good Luck !!!



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  • bb8185
    06-05 05:23 PM
    [QUOTE=martinvisalaw;345850]A person with a 485 pending is allowed to remain in the US. There is no name for this "status", but it is lawful to stay in the US, and to work using an EAD.

    Thankyou

    Is this still true if the person did not have a new job, would they still be legal (assuming that they could fund themselves. I am trying to get to the answer of what if someone is laid off and does not have another job while their 485 is pending.

    Thanks again




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  • willigetgc?
    01-27 12:12 PM
    Promoting Visibility

    http://www.pressreleasepoint.com/immigration-voice-president039s-vision-immigration-quotin-right-directionquot

    <a href="http://www.pressreleasepoint.com/immigration-voice-president039s-vision-immigration-quotin-right-directionquot">Immigration Voice: President's Vision On Immigration &quot;In The Right Direction&quot;</a>

    Members can use this code in their blogs, facebook ..




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  • apb
    09-14 03:10 PM
    Are there anybody who saw LUD before they got the CPO mail? I saw many posts here where they mentioned that they never saw any status change/Soft LUD, prior to their CPO mail.




    sabbygirl99
    03-28 05:39 PM
    hey seattle, I have not heard of part time worker + FT student on H1 either....as far as getting 140 from F1...I just don't see how that is possible? 140+ 485 ia all employment based....if they see that you no longer have a job...then wouldn't that immediately disqualify you? Anyways - I'm pretty sure that I do not want to switch to F1....even if I were willing to give up my place in the longest darn line in the world, I need money coming in while I am at school!!




    h1techSlave
    03-25 05:12 PM
    I think we all should vote for just one immigration related question



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