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  • chanduv23
    12-09 12:16 PM
    Guys,

    Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..

    Guests please take a positive step and become a member. And once you become a member - please contribute. This goes a long way towards helping our cause.





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  • GCBy3000
    07-11 08:41 PM
    This is the letter which I composed and sent to David Obey of WI.

    Here is the IV Link http://immigrationvoice.org/forum/showthread.php?p=99419#post99419

    How did it ended up in www.congress.org????

    http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg

    The button below the article lets you send emails to Bush and Cheney...





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  • smisachu
    12-05 11:12 PM
    I asked my attorney the following question. His reply is in caps:

    Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.

    A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.

    What is the feed back you guys have received from your legal counsels? Please share.



    Hi,
    I have my AP approved and H1B approved until 2010 but have an expired H1B



    Visa and I plan to extend my H1B visa some time next year.


    I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?

    Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.


    Appreciate your responses on this.

    Thanks,
    Bitz





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  • sledge_hammer
    02-22 12:46 PM
    By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.

    I think you should consult an attorney.

    To all Experts/Gurus, please advice on this issue.

    I hold a H-1B status as well as I-485 Adjustment of Status Pending.
    I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

    I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

    1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
    2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
    3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
    4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
    5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
    6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
    7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
    8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
    9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

    These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

    Thanks.



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  • sbmallik
    09-13 02:44 PM
    The Priority Date portability fails only if the approved I-140 was determined to be fraudulent. Otherwise, even if it is revoked, you are good.

    Yes, the new employer has to re-start your GC process, so that you can port the older PD to the new application. So, not much time can be gained ...

    Other option is to change job after I-485 application is pending for 6 months, but this involves sticking to the current employer for longer time. The advantage is the new employer needn't re-start the process - just invoke AC21 clause and proceed. Exact time requirement depends on your priority date and country of changeability.





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  • anilsal
    01-13 10:47 AM
    an infopass. The CIS official has a lot of information as to what is happening with the file. They can tell if someone is working on the file.

    If infopass does not work, go via senator and ombudsman.

    Best of luck!!



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  • MYGCBY2010
    07-27 03:03 PM
    The job order will contain the job description. This will be in the Labor Application. Usually when a 140 is being applied, the employer will provide you the job order and tell you to ensure your experience letters are in line with the Job order.

    You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.

    The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.

    But to Invoke AC21 and for subsequent adjudication of 485 without issues, nature of the Job should be same or similiar. What are the options by which I could find my Job nature.. Since I don't have a labour copy or i-140 info.. Any inputs ?





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  • gjoe
    08-22 03:03 PM
    Demand application numbers by PD , country and category for every month starting from 1998.



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  • adreg
    06-05 10:22 AM
    If it makes you feel better -- its 11 years for us :). And no Labor Cert since I am black-logged at PBEC. So we need the annual H1B extension ritual :(

    Yep, if CIR falls apart its pack-your-bags-and-go-home for us.





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  • snathan
    09-02 10:41 AM
    Thanks GCDreamer and sbmallik.
    Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?

    on H4, you can do only volunteer work without pay. Other than that you sleep or sit idle/watch TV.



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  • shirish
    02-05 02:08 PM
    I am currently looking for any observership positions on B1/B2. Please let know if you have any friends who are doctors or who know any hospitals which offer observerships to international medical graduates.

    Thanks
    I doubt, you can do that on B1/B2. But again i am not the expert.





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  • continuedProgress
    06-08 02:35 PM
    My $50 (3626-8870-3772-9306) for this effort.



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  • krishmunn
    03-04 12:28 PM
    Also from Attorney blogs ---- If the employer does not file a new LCA (and you are not in a position to ask for it or quit the job), send a mail to Employer asking for a copy of new LCA as of first day of work in the new site. By law , it is employer's responsibility to file a new LCA and give a copy to you. If you send the mail, it is a proof that you have been trying to be on right side of law and employer is at fault.

    If in future, you are held accountable for falling out of status, attorneys will probably be able to convince CIS that it is not your fault and save your case.





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  • saimrathi
    07-12 02:40 PM
    Famous Indian americans...

    1. Are they influential Indian Americans?
    2. If someone can post their mailing address and phone number, I can mail them like I did Rep/Senators of my area...

    Thanks.



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  • fromnaija
    09-01 12:29 PM
    My FP was done on 9/28/09.

    You meant 9/28/2007, right?

    Once again congratulations on your approval. Please continue to support this movement.





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  • ashishgour
    09-17 10:56 AM
    No - there is nothing to do your status with AP.

    Thanks a Lot!!!



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  • Legal
    07-16 08:39 AM
    I am not sure how important the processing dates update, If you look in , there are many approvals whose processing dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?

    It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.





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  • ski_dude12
    07-21 03:22 PM
    Guys:

    I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.

    OLD Fees:
    I485- $325
    Biometric - $70
    I765 - $180
    I131 -$170
    TOTAL - $745
    NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.

    Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)


    Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.

    If anybody knows this answer, please attach link or direct to the USCIS page.

    Thanks

    New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655





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  • Gundark
    08-27 12:16 PM
    Very nice Calvin and Hobbes! :thumb:

    I haven't had a chance to try to make C3PO yet, I'll see if I can't do that sometime today.





    gsc999
    09-11 01:32 PM
    -----------

    This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
    --
    Yes you are correct.

    I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.

    Good work USCIS, hopefully this same level of service will be available to other
    steps of legal immigration in near future





    vdlrao
    01-21 02:16 PM
    Do I need Germany visa to travel on AP, to India via Germany with Lufthansa air lines.. Please let me know.

    Thanks.



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