Monday, June 13, 2011

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  • Ramba
    04-09 06:08 PM
    Here is my situation:

    I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??

    Please advise. Thank you in advance.

    You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.

    However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.




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  • kiru_99
    10-31 11:34 AM
    It was rejected on Sep 22nd. Lawyer got the letter long back. But he didn't get back to me infact he didn't know about rejection untill I called USCIS & found out the issue & informed him. I think he miss placed my rejection letter. He took 1000$ more from me for giving fast service.
    These lawyers play with our lives.
    Is your case accepted now??




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  • Mods n Rockers - Toronto


  • morchu
    05-06 09:51 AM
    Self employment is an option. But the biggest issue there will be to explain the "permanent" aspect of it. But better than saying you are still looking for job (which can lead to automatic denial). Maybe self-employed approved candidates should come forward and explain their experience.

    Future "permanent" job offer letter from an established employer is safer.

    Dont loose your hope and continue job hunting rigorously. Location/Wage can be different for the new job, all it matters is "same/similar".




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  • Edison99
    10-09 04:21 PM
    ROW CHINA INDIA MEXICO PHILIPPINES

    1st C C C C C
    2nd C 01APR05 22JAN05 C C
    3rd 01JUN02 01JUN02 22APR01 01JUN02 01JUN02
    Just live with EAD/AP and AC21 if necessary!



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  • diptam
    06-26 04:07 PM
    I work for a wierd desi company - They are okay payment wise ( though they also make lot of money out of me) but 485 fees they dont want to take up right now.

    for me company is paying for everything except medical..




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  • nlssubbu
    07-24 06:54 PM
    This is FAQ from USCIS website:

    Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
    A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.

    -----------------------------------------------

    Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?

    Thanks

    In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.

    Thanks



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  • windycloud
    02-01 11:08 AM
    Just resolve their issues so you will see most of them opening new businesses, buy houses - this will trigger high financial activity and will improve the economy automatically. Unemployment will be a thing of the past.

    With all due respect, this is a bit of a self-serving exaggeration don't you think? Unemployment will be a thing of the past if they give all of us greencards? I trust many will buy properties and start businesses but enough to fix unemployment entirely??? Trust me I want my GC as badly as the next guy in line. But if we start warping facts and reality to make claims and statements in benefit of our own interests, and even worse if we actually BELIEVE in them, we'd no longer be fundamentally different from those gun clinching, Jesus loving, Obama hating rednecks of this country. We are far better educated than those average Joes and let's try to think, talk and act like it.




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  • vnsriv
    10-26 03:33 PM
    Come on guys...some one..

    File withdrawal of H1, come on AP and work on EAD. No Issues at all.



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  • SK2007
    04-02 01:15 PM
    I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.

    I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?

    Do you know who is processing your pay checks, is it ADP? can you get a copy from them. I always carry latest pay stubs while travelling, come up with some execuse and try to get the paystubs. You can always fight and get the situation resolved, but that is your choice.

    I once had a bad experience with a travel agent, It was hard for me to get my tickets from them, until I called the local TV networks. Once they received a call from the TV network, they issued my tickets in hours. In your case, it is going to be your call on how much you want to fight to get the situation resolved.




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  • Maverick_2008
    04-16 09:34 AM
    Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.

    Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?

    Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?

    Thanks.

    Maverick_2008




    EAD/AP should be extended by you. I am surprised your employer is involved in this. You will need a copy of your 485 receipt notice.

    Even if you are working on H-1b, it is much safer to pony up the money and keep your EAD renewed and available at all times. You never know when things change.



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  • immiusa
    09-16 07:56 PM
    Hello gurus,

    What is the good reason to be specified for visitor visa extension? I understand that USCIS may reject extension application if the reason is not good. Appreciate any helpful responses




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  • iluvgc
    08-28 03:50 PM
    You must be *so proud* of yourself.

    sucker



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  • GCA
    07-12 12:25 PM
    Barking dogs seldom bite. He is just another Lou Dobbs Please ignore him. There is no way he can change the right to cictizenship for children born in the USA. It is next to impossible since it is a part of the constitution. It is very difficult to change something that is linked to the constitution. So, ignore this "BARKING DOG."
    Just on the lighter side...
    Definitely not when biting!!!..

    So, a barking dog will still bite, but it stops barking just b4 that..:). So the old adage still holds good..




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  • helmet
    01-09 11:21 AM
    yes you need to get transit visa for France.
    You can get passport extended here in NY the same day.



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  • Mods and Rockers in Brighton


  • abdulazeez77
    08-14 07:13 PM
    Should I send my orginal I-797 with her or just the copy?




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  • anilsal
    12-13 10:55 AM
    Taking any action on 11+ million illegal aliens is no small job, It will take years.



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  • tempgc
    07-06 11:29 AM
    Are you aware of July 2nd visa bulletin fiasco. It affected atleast 5-7 00 000 foreign workers each getting a loss of 3-4 000 dollars. DOS and USCIS played a bad game.
    Can you http://www.nytimes.com/2007/07/06/us/06visa.html investigate and give us more details
    Thanks




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  • HRPRO
    02-07 10:56 AM
    Thanks for the response.

    The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.

    So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.

    I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.

    To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.

    So my question remains. How do we get classification as Project manager under EB2 with proper wages?

    Make the Job Description sound more generic and remove the CIS terminology as much as possible.




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  • amar123
    07-28 01:17 PM
    Kewl, so, its a dead mass update, No worries, thanks, Thread can be closed




    alias
    02-07 11:07 AM
    This is a very genuine concern. I being the only son have worries on the same lines too. Although my parents are healthy and doing fine at this time but I get really get tensed to fathom what is there down the line in another 5 years or so. Bringing them here is not an option, medical insurance will not cover pre-existing condition neither is there any visa other than B2. Two options come to my mind:

    1) I take up job which requires lot of travel, back-and-forth to India.
    2) I move for good to India.
    3) Look for a full-time nurse to be available to take care of them and I travel to India once in every 3 months, may be just for a week or so each time.

    All three options put a dent in your life. But I guess the golden period of life is over, remaining period of life will go raising your kids, looking after your parents. Sometimes I like the American culture a lot; you get to enjoy all life long!




    ttdam
    11-05 06:03 PM
    FP recd - 11/05

    ==========================================
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/12/07.
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/19 from VSC. Received 10/29
    AP - RFE for clear copies of PP
    FP - Recd 11/05



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