Saturday, June 11, 2011

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  • chandrajp
    08-15 03:32 PM
    My 485 was filed on july 2nd, have'nt recieved the RN,Now i want to file for EAD/AP without RN (cos need it badly for my wife) but the lawyer is advicing against it. He says...


    My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.

    Anyone in the same boat..

    I feel your lawyer is definitely correct. If you send I485, EAD and AP forms together, you don't need to worry about A#. Whereas if you file I485 only and then apply EAD and AP later, you definitely need A#(which you can find in I485 receipt notice) to fill in the EAD and AP forms. What # would you give in these forms for A#?

    But again this is my personal thought.





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  • ita
    11-12 09:40 AM
    Go online and file AR11 right away, by giving out your pending case numbers you can update the address. After an hour or so, call USCIS customer service and verify whether the address has updated or not; also ask them to resend the card to your new address. You will receive a address change confirmation letter at your new address.

    I went online to change address.
    It didn't ask for pending case#'s anywhere.
    I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.





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  • kawosa
    08-07 09:27 AM
    Its been out for month.. I am not sure what your point is!





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  • Sreenuuk
    08-07 09:24 AM
    August Visa Bulletin is out.

    EB2 - Jun 1 2006 (Unchanged) for India/China
    EB3 - Unavailable.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html



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  • krishna
    06-02 07:52 AM
    The indian consulate in NY states that one can apply for a renewal a year before his/her passport expires. Check out this link.

    Here is the statement

    Application for a new passport has to be made when applicant's old passport has completed 10 years (Final or F). The Application for a new passport can be made also up to one year before the expiry of the Passport.


    Here is the link

    http://www.indiacgny.org/php/showContent.php?linkid=29





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  • whiteStallion
    03-04 07:44 PM
    Congratulations ! Its party time! :D



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  • raysaikat
    07-12 01:46 PM
    THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.


    My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).

    My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.

    What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)

    First assume that you are talking about the same company, so that you get one paycheck, one W2, etc.

    Your H1-B job must match what is specified in LCA. In particular, LCA is location specific. If you work in a different location (and no longer work in the old location), you need a different (ameded) LCA. If you want to work in two locations, you need to file an amended LCA that lists both locations.

    Now, if the two "branches" are different entities (i.e., you are going to receive different paychecks, W2's etc.), you need two H1-B's. File a second "concurrent" H1-B for the second position, and you will be good. The concurrent H1-B will be cap-exempt.





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  • chantu
    03-11 10:36 PM
    I got my I140 approved today after the RFE I received last week. I checked online status today and it is now appearing that Approval Notice Sent. My employer sent the documents last week quickly. Now it is approved.



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  • adurthy
    11-07 11:35 AM
    Hi,

    We have applied for AP on Oct 1st and its still pending .

    I have the following questions.

    1) Can we enter using the AP thats gets approved when we are outside the US
    2) How to expedite AP process other then business emergency as my wife is not working
    3) can she enter using H4 even though she has used AP and EAD before. is there any problem to GC
    4) I am going to India in Dec , assuming I get the AP by then is it ok for her to enter using h4 and myself AP.

    Thanks in Advance for your suggestions





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  • ImmiRam
    09-08 08:12 PM
    Thank you guys for the welcome! I really appreciate all the hard work you guys have been doing so far. I have no hope on getting GC ( EB3, 2010 :) ) with current system but I will fight along!



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  • go_guy123
    10-21 05:05 PM
    LOL...similar to yours?( except that you have chargeability:India)
    I'm sure you've a valid reason..just could not resist the post.

    True...actually I was also thinking about it. But one needs to be wary. A lot of
    anti-EB reform people look at these bills and in order to find out the status...post messages in IV and then decide on strategy of whether to call lawmakers.





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  • pdakwala
    02-24 04:45 PM
    Oh actually I was working with Spector so that we can have markup out asap. Just Kidding. Got busy with work.

    Any way fox please wake up now. It's a show time. We have 27 days left. We all have only one option and that is to "Kill Retrogression virus". There will be no negotiation on that.

    Cheers



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  • Leo07
    02-17 04:24 PM
    you can find this on state Dept site.Although, this is the first one that I came across, it appears that this will be updated monthly. ( this one is dated Jan 30,2010)

    Source:Welcome to Travel.State.Gov (http://www.travel.state.gov)

    Where does one get this document that you have posted here?





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  • engineer
    07-16 07:14 PM
    Argument:
    Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?



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  • gcdreamer05
    09-22 12:43 PM
    hi All,
    I didn't find any topic on this so asking a question in a new thread.

    I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?

    Please help me, I have to take decision ASAP.

    Thank you in advance.

    There are several forum threads explaining 6 months being the good-will time an employee should stick with, but if the company sends you out with proper relieving then it is not your fault.

    One suggestion would be to ask your mgmt to provide proper reasoning in your relieval so that you can find another job outside and shift.

    You have GC so you can do anything :)





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  • martinvisalaw
    07-30 01:02 PM
    Hi,
    I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean
    My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.

    Thanks

    You need a new AP to return to the US after 10/17. CBP usually puts one year on the I-94 for parolees, but that doesn't mean they extended your AP.



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  • cygent
    12-08 07:31 PM
    Thank you very much.

    You are very welcome Pappu. Now let us put it to much good use!! C'mon everybody lets do this!! It is time to turn things around this holiday season.





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  • angelfire76
    06-04 03:37 PM
    This is a good thing.
    These consulting companies who were abusing the visa will be taught a lesson.

    People used to complain a lot about desi companies and now when USCIS has finally become tough they are complaining about it.

    You cannot have it both ways.

    The same RFE is also being issued to companies like Accenture, Deloitte and IBM consulting as long as the keyword "technology services" appears in the petition. How about that? This is not 2nd or 3rd hand news, but the couple of guys and a girl sitting in the cubicles adjacent to mine who work for Deloitte got the same standard RFE. Heck, you can't call them "cheap" labor as most of them drive Beemers or Audis and one of them also has a Masters from Caltech (probably better qualified than you or me Mr. Teli or any of the USCs we have working at the company :rolleyes:)





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  • kanshul
    02-01 09:36 AM
    Fair enough.

    You said you don't have EAD.

    Did you file for 485? If yes was it in July 2007? Please update your profile.





    kris04
    08-07 08:56 PM
    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.

    how big is your employer, any decent HR software should have compliance system that can handle this legal status issue





    Prashanthi
    03-26 05:46 PM
    The law is very clear in this matter, you can travel while an extension is pending you cannot travel if you have filed for a change of status.
    Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.



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