Tuesday, June 14, 2011

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  • grupak
    08-15 02:08 PM
    Congrats on your green. You have done so much for IV and community and it is great to know that your levels of commitment is still the same

    Thanks. I need to figure out how to start a google group first I guess :)

    IV members from Jackson MS, we need you since you are in the state Capitol.





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  • ashkam
    11-26 01:16 PM
    Hi Guys,

    I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.

    I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.

    Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?

    Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?

    You don't even need the I-485 receipt. Just the AP is enough. However, what you do need to check for is if the airline you're boarding has a changeover stop and if you need a transit visa because many airlines like BA require a transit visa if you're entering the US on an AP.





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  • JunRN
    12-17 03:49 PM
    New job must match the LC...that's the trick. If it doesn't, it will get rejected and potentially, GC denied.

    Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.

    Always remember, get a job that is according to your LC because that is the one certified.





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  • GlobalCitizen
    07-26 09:07 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!



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  • GIGS // Shalom Peace



  • RDB
    05-06 12:01 PM
    To get an answer just visit this thread

    http://immigrationvoice.org/forum/showthread.php?p=339084#post339084

    Thanks for the link. Looks like I will have to get ready for an interview!!!!





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  • PD_Dec2002
    07-05 10:29 PM
    This is a very basic question and I need answer on this as early as possible and guidance from you.

    I came to this country in Dec 2001 on H1B Visa.

    I never applied for green card since then.

    Now on Dec1,2007 my H1B expires so I will have to go back to China.

    If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?

    Am I even eligible to do so?

    Can I go to Canada and still work in USA (Since I live close to canadian border)?

    With a name like "Savitri Bhave" why would you have to go back to China?!!!

    Anyway, your best bet is to file PERM (takes 2-4 months) and go for premium processing of I-140 (if USCIS resumes PP), and apply for EAD through I-485 (if your PD is current). That way, you don't need to renew your H-1B, but can continue to work on EAD. But as you can see there are several "ifs" in this entire equation which no one can answer with 100% conviction.

    Try talking to an attorney to see your options. If this doesn't work out, maybe you can leave the US for a year and reenter again. Of course, you will have to start your GC process then.

    Thanks,
    Jayant



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  • ghost
    09-22 06:06 PM
    I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.

    even if we can file for 485, the only possible way to move is by using AC-21 provisions, correct?

    Also, when using AC-21 provisions to shift the job, do we need to ensure that the job description and responsibilities are similar to the previous job?

    TIA





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  • intezar2005
    04-21 09:59 AM
    My appointment date was Apr 02 and they received my documents on March 30th. I kept calling the ph # given on their website after nth try , I was able to talk to one lady on 15 th april, she said it has been only 4 working days for embassy since they received my application, and it will take couple weeks more to get my passport renewed, if it does not require additional processing.

    I used epassportphoto website to get 3.5X3.5 pics



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  • Mayday
    04-05 11:00 AM
    If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?

    I doubt they will find out your were out of status at border - as they must only check current I-94 and they have troubles finding all your I-94s or even any I-94s you have if you do not have them with you. So I am pretty sure they will only check the latest one you have in your hand (though I am not border patrol officer but I have gone through the procedure of looking-up my status at border control checkpoint inside USA).

    But green card application process requires to look through all your history and this is when it will be brought up. You need a better attorney on this question then your current attorney is. I guess it would be a good idea to exclude this period somehow from green card application by applying later or a good lawyer might be able to appeal to some regulations that could resolve it as it was not entirely your fault, since I-94 does not have to match passport validity dates and so it was border patrol officer mistake at first.





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  • h1techSlave
    04-21 09:31 PM
    DL is essentially controlled by individual states. In MD they just give you 5 years irrespective of the visa expiry date. Only thing is that you need to have I-94/EAD + a visa (expired is fine). I have recently extended my MD drivers license thru mail.

    In VA, I heard they would give only until the expiry of the EAD/H1B.



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  • reddymjm
    03-09 03:04 PM
    Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

    should be:

    Priority date is defined in two ways -

    a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

    or

    b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.


    You are right





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  • ufo2002
    09-05 06:12 PM
    Dems getting the house and improve our situation? Doubt it.
    Does anyone remember what Ted Kennedy said about us legal migrants?
    He said we don't have the same issues with the illegals regarding coming into
    this country.
    And what about Diane Feinstein? She's pro-agriculture and anti-IT.

    Remember: Republicans are a party with bad ideas, Dems are a party with no ideas.
    Reps: "We got a really bad idea!"
    Dems: "We can make it sh*ttier!"



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  • 04. peace, love,harmony, etc.



  • andycool
    12-14 05:14 PM
    Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.

    You should consider getting professional advice both for your immigration issues as well as your personality disorder.

    Get a life!!!


    ________________
    Not a legal advice.

    kavitha Tell your husband go file for a new H1B for him or file a F1 , if not once your company withdraws your H1B petition he is out of status and will be come illegal ...

    hope this helps
    Thanks





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  • inskrish
    01-23 10:16 AM
    USCIS posted new processing times today,and dates are as of 11/30/2008.

    Texas I-485: 11th July 2007
    Nebraska I-485: 14th July 2007

    Finally, they get past July 2nd 2007:-)

    Regards



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  • gbof
    04-08 03:00 PM
    Couple of related questions.

    1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?

    2. Where to file, the Service center or Lock Box facility ?

    1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..

    2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.

    Make your own choice, good luck.





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  • mrajatish
    11-17 12:00 PM
    Yes, I think this is absolutely true - infact, I have given myself till 2007 end for that specific reason. If nothing changes by 2007 June/July, I will start looking at Australia, Canada, UK and India (most likely I will go back to India).

    I might come back when this country changes, and believe me, it will change, esp. when people from baby-boomer generation retires.



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  • ganeshpv
    05-01 01:26 PM
    Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).





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  • singhsa3
    07-12 09:01 AM
    I am trying to upload the document but it not allowing me to do so. Also, I cannot load any document on a public website as it forbidden from my place of work. Can I e-mail this to any one.
    All suggestions are good but let them all collect first and we can then modify it later





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  • mrajatish
    05-25 08:47 AM
    Called Sen. Bingaman, Chuck Hagel's office - talked nicely to staff and explained. Wife is also calling - let us do this, folks, do you want to wait another 12 years while your gardenere gets his/her greencard. Wake up or sleep forever.





    GCard_Dream
    09-15 05:39 PM
    No one knows and that is why I said at this time of election period, it is better for them to maintain status quo than favoring legal immigrants.


    You are exactly right and that's what house is doing, keeping the status quo. As close to losing the house as repubs are, they don't want to take any chances by upsetting either pro or anti immigration group and are just keeping the status quo for the most part. They have certainly pissed off the illegal folks but I am not sure how that impacts them on Nov 7th.

    On the flip side, however, repubs might have pissed off both pro and anti immigration group by not doing anything at all about the illegal immigration. It just depends on how much people care about immigration issue and if that translates in to votes in November. They might be perceived as a do-nothing party. It is such a dividing issue for both repubs and dems that it will probably be a while before it is settled. We shall wait for that to happen. ;)





    michael_trs
    05-13 10:06 AM
    Here are my concerns:

    1) I put only 1 year of experience. I guess a senior position requires 3-5 years of experience but it will exceed SVP for sure. On the other hand I don�t want to answer NO to H.12 (requirements normal for the occupation) because requirements look pretty normal and NO automatically triggers audit.

    2) Do I have to specify that alternative education and experience is allowed (quest. 8/8A)? (For example BS + 5 years) I don�t really need it because I have Master�s. But I don�t want DOL to decide that requirements are too high or restrictive.

    What do you think?
    Thank you,



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