Thursday, June 16, 2011

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  • nashim
    07-15 03:42 PM
    Hi Gurus,
    1) Is it possible to have 2 different I-485 with 2 different employers at the same time?

    I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,

    2) Is it possible to file second EB2 I-485 through my future employer?

    3) If file second 485, what will be affect on pending I-485?

    Thanks




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  • permfiling
    12-22 07:34 PM
    Please update your profile on IV




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  • NolaIndian32
    09-22 10:30 AM
    I completely empathize with you - see my case details in signature :-(


    When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".




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  • scorpion
    02-26 05:30 PM
    Consult your Lawyer



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  • smuggymba
    03-24 06:32 PM
    I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported

    how did u travel back to your home country? All airlines check passport before issuing a boarding pass.




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  • suryamnb
    12-07 04:11 PM
    If you are taking online classes, why would your status matter?? i understand you need to have legal status to take regular (in-class) courses, but dont really feel an online university would really care. when you can pretty much log in from any where in the world, why would they worry about you being here illegally?

    just my opinion.

    I was worried because in the application, the admissions advisor was asking em to fill SSN & Visa status information. I was a bit worried to give that information if that is going to be voilated in any way.



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  • msyedy
    01-25 06:03 PM
    :D :D :D

    That's hilarious.

    But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.

    One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.

    Secondly, their content is becoming like a tabloid's content would be.

    I agree with you Logiclife.... When I call my parents in india, my father says
    you should be getting your greencard soon, bush is giving greencards to legals.

    Ab mai kya samjhaoon. Bush bhayya to sirf push ka naam lete hai magar
    dam hi nahee Push karne ka.

    Unko ab thode dinme gaddi se push kardiya jayega.




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  • mambarg
    07-27 08:14 PM
    How about if Company closes down ?



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  • jonty_11
    06-11 12:18 PM
    Guys,

    Every news channel and radio stations is talking abt Bush bringing back teh Immi bill. And I think he will

    He will armtwist Congress to pass it like he got the Iraq funding bill passed (w/o plan for withdrawal).....We should have a plan to bring in our ammdts as soon as the bill hits floor again...

    http://www.cnn.com/2007/POLITICS/06/11/bush.immigration.ap/index.html




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  • my2cents
    08-04 03:53 PM
    Not True

    All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.

    After approval, you can mail them.

    I have known 2 person whose spouses came without problem.

    Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.



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  • fromnaija
    08-04 03:27 PM
    She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?

    The requirement is that AP must be applied and approved before the applicant leaves the US. So in this case it is better your wife comes back on the old AP before it expires.

    PS:

    Because Form I-131 is used for multiple applications, many people confuse the instruction on the form as it applies to the different application types. For instance while for a reentry permit, the applicant needs not be in the US for its approval; for AP the applicant must not leave the US until the application is approved.




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  • desidas
    01-22 11:24 AM
    Thank you JAPS19 - This Helps - Thank you.

    I dont have H1B for the new company, just employment letter and pay stubs.

    Can you please advise why you were sent to downtown? for what verification?

    Which airport was your port of entry?

    I dont have a lawyer anymore as I got laid off from the sponsoring company and working on a new company with EAD.



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  • sangeethak31
    07-15 12:16 PM
    As I am going for a H1 Visa renewal, I am not having an attorney.

    Could someone please provide me a template.

    Thanks,
    Sangeetha K




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  • kumar1
    09-26 09:18 AM
    You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
    Worst possible case would be - you realize after 6 years that you should have stuck with one employer!



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  • trueguy
    04-27 06:44 PM
    USCIS has different definitions of Backlog so don't make any high hopes out of it.




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  • roseball
    02-20 04:14 PM
    Thanks for the replies, I appreciate the time.
    When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.

    My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

    Thanks for the insight.

    Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.



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  • chanduv23
    03-16 08:55 AM
    hopein07........do you know if one has to pass the evaluating exam first to get a Statement of Need from Canada for j1?...

    Whats is the connection between "J1 Visa" and Canada?




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  • ujjwal_p
    03-26 03:40 PM
    just listen to the show - wonderful performance - you were crisp and to the point ... your points on this EB mess and the closing comments were great ... the 2nd caller shows the typical American common man mentality towards EB community ...

    First of all, Mark: Great job ! I think this was a great spokesperson job for our issue. I think the biggest problem facing our issue is lack of awareness. I disagree with sammyb's comment. I don't think the 2nd caller shows the typical american mentailty towards *our* issue. Any talk about immigration, be it legal or illegal, gets overtaken with the bigger illegal immigration debate. And that is natural given the scale of illegal immigration problem when compared to the legal one. I think Mark gave a great response to the 2nd caller by giving perspective. Until there is more awareness about the *legal* immigration issues and a separation from the larger illegal immigration debate, this will be a tough battle.

    On the face of it, this shouldn't be hard. People who follow the rules and the majority of them being tremendous assets to the American economy. Just the kind of immigrants a country would want : educated (in quite a few cases highly), skillful , law abiding and language proficient. Yet, here we are.




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  • frostrated
    03-16 03:06 PM
    please see below.


    Background:
    My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.

    I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent

    Questions:
    1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
    2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
    3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
    4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
    5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
    6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
    7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
    8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.

    Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.




    nixstor
    06-28 02:13 PM
    I am not sure if I am reading this right or not, go this page

    http://www.imminfo.com/resources/cis-sop-aos/3-7.html

    and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.

    So any one who has entered US before (07/02/07) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?




    MahaBharatGC
    10-13 01:39 PM
    Well you are correct I am trying to draw attention because as a saying "you will only know the pain when you walk the line". My company attorneys delayed the filings. I am not blaming anyone but myself. However, the fact of the matter is to find out a way to address this issue which is going to help everyone else. I do not knonw how long my particular case might take but since I am in the process I understood the issue.

    First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.

    Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.

    EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.

    Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....



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