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  • anoopraj2010
    08-04 12:42 PM
    Amit, Glad (yet sad due to the scenario) I have company :) Seems like you will eventually get a GC in 2 years when she becomes a citizen - mine will be 4 years.

    Question for you is if you are ever grilled on POE due to AP for yourself and have you been ok traveling alone without the primary applicant? My wife has been putting off travel as she is totally confused on traveling as the immigration status is in a grey area as I am now on GC and she is not on a valid H4.


    anoopraj2010

    you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think




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  • senthil
    10-26 05:14 PM
    they wanted to see the originals but copies were enough for submitting. as many of our members have experiances lately - with respective to stamping, its should surey help if we consider their advise's. good luck all.




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  • DarkChild
    03-07 02:29 AM
    I was the first to show my site, then paddy, then dark and then fern so i really dont see any influence may it be progressive or negative...

    not that it matters but you weren't the first one, first was paddy, then me, then you and then fern

    but i voted mlke, liked the colorwork, only thing i didn't like that much was the incoherency (the split up of the menu: titles above header, content below)




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  • rbalaji5
    03-02 08:02 PM
    Thanks all for the very useful informations. Yes - I called the DI office today. As per their instruction, booked the infopass appointment for SFO. I will update the result soon.

    As Informed I went SFO Local CBP/USCIS office through infopass appointment. The IO said that they did it as per the law. Also they suggested me to go U.S- Mexico border to get the new I-94 by paying $6.

    As per their advise, I went to San Ysidro, (Tijuana) US - Mexico border. Crossed the border by walk, came back to U.S and got the new I-94 by explaining the situation. IO at POE understood the problem and gave the new I-94 without any issue.



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  • Templarian
    08-31 11:36 AM
    http://img370.imageshack.us/img370/9483/stargatemh6.gif

    Can you guys think of any comics you want in smilie form (I tried xkcd, but thats a hard smilie to make). So far we have:

    Calvin & Hobbes
    Garfield
    Dilbert

    Somone want to give a crack at foxtrott.




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  • gc_kaavaali
    06-28 04:02 PM
    So many times discussed about this topic. As soon as you start using EAD you are done with H1. You are no longer on H1. You need to give all prior I-94's when you are leaving US.

    I am one of the July 2007 485 filer.
    Me and wife have EAD's which we are using right now on I-9's to work.

    I have an expired H1 stamp on passport.
    Wife too has expired H4 stamp on passport.
    I have a valid h1b approval notice until 5/31/2013
    Wife too has a valid h4 approval notice until 5/31/2013

    I have an AP which is valid for 1 year from today.

    I want to visit India for a marriage.

    Questions I have:
    - While exiting USA, do they take my I-94 ?
    - While coming back, if I show my AP, does my H1 status cancels out?
    - Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
    - Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
    - Entering back on h1, will keep my wife's H4 valid too.

    So question is should I enter back on H1 or AP?



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  • vikrantp
    01-23 08:45 AM
    I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..

    Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:




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  • krishmunn
    03-04 12:31 PM
    do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????

    There is no cost to file a LCA unless you engage a lawyer. The LCA process seems to be pretty easy but again, it is something your employer should (and allowed to ) do, not you. One reason why employer might be avoiding filing a new LCA is if the new location has a higher wage requirement (eg. moving from mid-west to New York city) , the LCA should reflect that and they need to pay you accordingly.



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  • kk_kk
    02-25 02:34 PM
    I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.




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  • virald
    07-13 09:48 PM
    my lawyer says... apply now.. dont know what will be situ in october.. it might go forward.. backward...my pd is 10/2003.

    he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
    is this wise idea...if i say yes.. he will file by next week..
    i already sent money for my wife...
    my company is not covering my wife's expenses.
    the lawyer is charing 600 for legal and 745 for filing...
    are these
    reasonable fees

    From what I understand, you guys should apply. Worse case scenario is that it will be sent back, but, if something comes out of the law suit or so called compromise, you guys could just become lucky.
    FWIW, a big technology company's lawyer are sending almost 1100 applications.



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  • mrdelhiite
    07-24 07:04 PM
    Thanks for your replies. I have shared the information with him. He just told me that he has a PD back in 2006 EB2 from his last company. He filed Labor + 140 (approved) but did not file I-485 (sorry i did not ask him or he told me earlier).. so now that his PD is fixed you guys think he should wait ?.. His Category for filing will be the same .. Does that help reducing RFE's ?

    Please suggest.

    Thanks
    -M




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  • memyselfandus
    07-21 10:45 PM
    Hi,

    I had applied for H1 for 2008 from two different employers.Both got approved.Now my concern is ,
    1)would there be any problem during the Visa stamping?
    2)What should i do to other visa ,which i will be not using?
    3)How should i approach the employer whose employment i will be not accepting?
    4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?


    Just pick the one that you to want join with. It doesn't matter if you got more than one application approved. The effective H1B will be the one that you would use for stamping at embassy.

    Hence relax and have fun!!



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  • ajju
    08-30 02:06 AM
    RedHat,

    You were out of status for first 8 months.. It may reset once you went out of country and reenter... But still you need to take advice from a very good attorney... And you know it way down in your heart... don't you??




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  • sobers
    02-09 08:58 AM
    Discussion about challenges in America�s immigration policies tends to focus on the millions of illegal immigrants. But the more pressing immigration problem facing the US today, writes Intel chairman Craig Barrett, is the dearth of high-skilled immigrants required to keep the US economy competitive. Due to tighter visa policies and a growth in opportunities elsewhere in the world, foreign students majoring in science and engineering at US universities are no longer staying to work after graduation in the large numbers that they once did. With the poor quality of science and math education at the primary and secondary levels in the US, the country cannot afford to lose any highly-skilled immigrants, particularly in key, technology-related disciplines. Along with across-the-board improvements in education, the US needs to find a way to attract enough new workers so that companies like Intel do not have to set up shop elsewhere.

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

    America Should Open Its Doors Wide to Foreign Talent

    Craig Barrett
    The Financial Times, 1 February 2006


    America is experiencing a profound immigration crisis but it is not about the 11m illegal immigrants currently exciting the press and politicians in Washington. The real crisis is that the US is closing its doors to immigrants with degrees in science, maths and engineering � the �best and brightest� from around the world who flock to the country for its educational and employment opportunities. These foreign-born knowledge workers are critically important to maintaining America�s technological competitiveness.


    This is not a new issue; the US has been partially dependent on foreign scientists and engineers to establish and maintain its technological leadership for several decades. After the second world war, an influx of German engineers bolstered our efforts in aviation and space research. During the 1960s and 1970s, a brain drain from western Europe supplemented our own production of talent. In the 1980s and 1990s, our ranks of scientists and engineers were swelled by Asian immigrants who came to study in our universities, then stayed to pursue professional careers.


    The US simply does not produce enough home-grown graduates in engineering and the hard sciences to meet our needs. Even during the high-tech revolution of the past two decades, when demand for employees with technical degrees was exploding, the number of students majoring in engineering in the US declined. Currently more than half the graduate students in engineering in the US are foreign born � until now, many of them have stayed on to seek employment. But this trend is changing rapidly.


    Because of security concerns and improved education in their own counties, it is increasingly difficult to get foreign students into our universities. Those who do complete their studies in the US are returning home in ever greater numbers because of visa issues or enhanced professional opportunities there. So while Congress debates how to stem the flood of illegal immigrants across our southern border, it is actually our policies on highly skilled immigration that may most negatively affect the American economy.


    The US does have a specified process for granting admission or permanent residency to foreign engineers and scientists. The H1-B visa programme sets a cap � currently at 65,000 � on the number of foreigners allowed to enter and work each year. But the programme is oversubscribed because the cap is insufficient to meet the demands of the knowledge-based US economy.


    The system does not grant automatic entry to all foreign students who study engineering and science at US universities. I have often said, only half in jest, that we should staple a green card to the diploma of every foreign student who graduates from an advanced technical degree programme here.

    At a time when we need more science and technology professionals, it makes no sense to invite foreign students to study at our universities, educate them partially at taxpayer expense and then tell them to go home and take the jobs those talents will create home with them.


    The current situation can only be described as a classic example of the law of unintended consequences. We need experienced and talented workers if our economy is to thrive. We have an immigration problem that remains intractable and, in an attempt to appear tough on illegal immigration, we over-control the employment-based legal immigration system. As a consequence, we keep many of the potentially most productive immigrants out of the country. If we had purposefully set out to design a system that would hobble our ability to be competitive, we could hardly do better than what we have today. Certainly in the post 9/11 world, security must always be a foremost concern. But that concern should not prevent us from having access to the highly skilled workers we need.


    Meanwhile, when it comes to training a skilled, home-grown workforce, the US is rapidly being left in the dust.

    A full half of China�s college graduates earn degrees in engineering, compared with only 5 per cent in the US. Even South Korea, with one-sixth the population of the US, graduates about the same number of engineers as American universities do. Part of this is due to the poor quality of our primary and secondary education, where US students typically fare poorly compared with their international counterparts in maths and science.


    In a global, knowledge-based economy, businesses will naturally gravitate to locations with a ready supply of knowledge-based workers. Intel is a US-based company and we are proud of the fact that we have hired almost 10,000 new US employees in the past four years. But the hard economic fact is that if we cannot find or attract the workers we need here, the company � like every other business � will go where the talent is located.


    We in the US have only two real choices: we can stand on the sidelines while countries such as India, China, and others dominate the game � and accept the consequent decline in our standard of living. Or we can decide to compete.


    Deciding to compete means reforming the appalling state of primary and secondary education, where low expectations have become institutionalised, and urgently expanding science education in colleges and universities � much as we did in the 1950s after the Soviet launch of Sputnik gave our nation a needed wake-up call.

    As a member of the National Academies Committee assigned by Congress to investigate this issue and propose solutions, I and the other members recommended that the government create 25,000 undergraduate and 5,000 graduate scholarships, each of $20,000 (�11,300), in technical fields, especially those determined to be in areas of urgent �national need�. Other recommendations included a tax credit for employers who make continuing education available for scientists and engineers, so that our workforce can keep pace with the rapid advance of scientific discovery, and a sustained national commitment to basic research.


    But we all realised that even an effective national effort in this area would not produce results quickly enough. That is why deciding to compete also means opening doors wider to foreigners with the kind of technical knowledge our businesses need. At a minimum the US should vastly increase the number of permanent visas for highly educated foreigners, streamline the process for those already working here and allow foreign students in the hard sciences and engineering to move directly to permanent resident status. Any country that wants to remain competitive has to start competing for the best minds in the world. Without that we may be unable to maintain economic leadership in the 21st century.



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  • meridiani.planum
    07-12 08:33 AM
    Yes, USCIS can raise RFE ability to pay even in I-485 stage.

    thats not true. Can you post a link to back that up?
    The yates memo made it clear that AC-21 portability employers dont have to prove anything (ability-to-pay, test of market etc). The only expectation from them is that they promise you a job with same/similar duties.

    to OP: size of your newemployer should not be a problem,just make sure your job duties are same/similar to what was described in your LC.




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  • coolmanasip
    07-19 09:49 AM
    If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.



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  • milind70
    08-28 09:33 AM
    what would happen if the approved labor is NOT signed and attached to the I 140. Any experiences like this?

    what do u mean by approved labor not signed??

    Labour approval is approved by DOL .
    It needs to be attached to 140 application.
    140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
    485 is to signed by you or by attrnoney in case a G 28 is signed by you




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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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  • bindas74
    05-15 05:04 PM
    To Bindas74,

    Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.

    On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.

    Thanks,

    Hi X-Wing,

    Thanks for the response.
    I dont think it asked me for the $80 biometric fee during the E-filing process. Someone else had answered to my quesiton on a different thread as well that I dont have to pay it.
    I will make sure I put in the reasons you suggested for the AP in my documentation. Thanks again.

    Another questions is that since I files EAD and AP concurrently, can I send both the documents in the same packet? ( I am guessing it's ok since the attorneys usually send everything in a single packet , right? )

    -Thanks




    vban2007
    05-29 11:11 AM
    October 1st, 2008 your status will be changed to H1B after the approval... So you will have to move to new company




    fromnaija
    07-21 05:20 AM
    Form AR-11 is also available for online filing. See below quote from the link you provided.


    Most customers can now notify USCIS to change their address on a pending case online here on our website. Non-citizens can also now complete the Form AR-11 online here on our website.


    The information stated here in the context of pending AoS applications is incorrect.

    While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.

    You may do this ONLINE at the USCIS website.

    https://egov.uscis.gov/crisgwi/go?action=coa

    Note, you must STILL file the AR-11.

    As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).



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