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  • illinois_alum
    05-27 09:35 PM
    See answers in Blue below

    Can you please help, if there are some instructions handy. I am having difficulty for following fields

    1. Manner of Last Entry : I think it should be PAR:PAROLEE YES. I USED SAME FOR MY WIFE
    2. Current Immigration Status : Again think should be PAR:PAROLEE YES

    3. There is a field where it asks for previous EAD's. I am not sure of the date when i applied last time, what date i should put, the date from which EAD is valid ?
    I take this has to be the date of application. We didn't remember the exact application date for one of the EADs - we entered an approximate Date
    4. Also i have applied for EAD twice, do we need to put the information for both of them. The information is not required...but its better to enter it

    5. Other Names/Aliases : I think it should be 'None' in my case as i never had any other name, am i right or should it be left blank.

    6. for Eligibility status i think the value should be : (c)(9) FILED I-485 YES

    I am in EB2, pririty date Aug 2006. last entry to US Jan 2010 using Advance Parole.

    Thanks and appreciate your help.




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  • pgc10
    02-03 07:18 PM
    The AC21 requires you to have the new employer sign the AC21. What if the employer refuses to sign..??


    Also does anyone have the exact wording they sent to USCIS with the AC21 letter

    There is no standard legal forms to file for AC21. So, I don't think employer needs to sign anything unless you were talking about the offer letter (which would obviously be signed by both employer and employee).




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  • bikram_das_in
    01-26 01:13 PM
    @waitingnwaiting


    How many of these 7 toppers are from Telengana and how many are from your district?

    This news is not related to immigration but one about Tri Valley University is. About 1000 students, mostly from Andghra pradesh face deportation for immigration fraud.




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  • LONGGCQUE
    01-04 07:26 PM
    I also left a top 10 Indian company while on a US deputation and they are holding my PF, gratuity etc. They have been asking me to pay approx 12-15K USD to settle things.

    I have no clue how to recover my PF money which would be atleast 6-7K USD based on my 63 months of employment with them.

    Gurus, can someone shed some light on this. Has anyone resigned from so called top 10 indian companies which make you sign those bonds, and then ask you to come back to India and serve 3-6 months. How to recover PF etc from those indian companies if you do not sign off on good terms. For me, they say settle the a/c first and we will process your PF.

    shed some light please



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  • vikki76
    04-21 05:49 PM
    Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.

    Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.

    Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .




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  • amsgc
    04-04 10:56 PM
    Thanks for posting this link - it is very useful.
    I had not seen an update from USCIS yet that explained clearly the severity of the backlog. Next time we do an interview/radio show etc., it may be a good idea to point to this press release by the USCIS. We often hear that some congressmen are not convinced that it takes more than 7 years to get a GC. Next time we do a letter campaign or meet with a congressmen, let us print this out and take it with us.

    I found this in another website:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    "Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"



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  • myeb2gc
    02-24 02:35 PM
    Hi,

    I recently got my H1B extension. My consulting firm is smaller, i did not even submitted my client letter. One thing is that i am with the same employer since i am in US. As far as i know if you dont change your employer OR if you have all the documentation properly submitted then i think things will be smoother.




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  • th3thirdman
    03-30 07:05 AM
    Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
    When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
    We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
    Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
    So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
    So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.

    sorry for the poor grammar its really late here. thanks for your health.



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  • desi3933
    08-25 11:58 AM
    Hi there,

    My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.

    She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).

    My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?

    Thanks,

    >> even if she gets a 221(g) at the consulate can she return to US with the AP she has?

    Yes. But she may need to use EAD in that case. Please check with your lawyer.

    _________________
    Not a legal advise.




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  • chakalov
    02-17 04:16 PM
    The spill over will come from EB1 India guys not from ROW.



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  • eastindia
    04-22 09:28 AM
    So basically you are saying you cannot sue the people responsible for greencard problem.

    I think the only option left is to either sue God or sue yourself for your bad luck.




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  • saketkapur
    03-22 12:12 PM
    This is just an opinion and things can be different from case to case.......so please do not take this as legal advice.

    As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
    Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.

    No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
    Please talk to a reputed immigration attorney to get clarifications regarding your specific case.



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  • psk79
    10-15 04:01 PM
    Now my last option is to apply for AP for my wife while she is in India.
    Can I apply for AP when she is in India?


    I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.




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  • sasidhar79
    09-16 02:37 PM
    I just signed the online petition to drop Dobbs, I hope everybody in IV will do it and help us get rid of this Hatemonger.



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  • skagitswimmer
    June 6th, 2005, 08:35 AM
    Would the 20D or D1MkII have greater tolerances i.e. wider range algorithms in the camera?




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  • meridiani.planum
    02-28 03:46 PM
    Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.

    #1: I am working for Company A (current company). My GC processing details (with current company):
    1. Labor Approved.
    2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
    3. I-485 - NOT filed
    #2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).

    I want to change job and join Company B (new company) for excellent offer and life long stability.

    As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?

    Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
    A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?


    A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.

    B. yes, new company can start another PERM

    C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.



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  • jfredr
    08-21 12:06 PM
    Congrats




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  • TheCanadian
    11-26 04:38 AM
    I will? That's surprising!

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  • pkv
    01-07 09:51 PM
    I would like to know the answer to this question too. does anybody know?

    also pkv..how many days did it take you to get the new passport?

    I got it in a week, I got it from SF Consulate.




    vinzak
    01-07 12:10 PM
    waitingwaiting, may you could change the subject of this thread to something like "Bill to move DV numbers to EB!!!". It'll probably get more attention.




    GC092003
    04-13 12:50 PM
    I have same concerned. I have been waiting for too long to get my GC procee done. I can't live with current employer any longer. I am waiting for 1-485 to be filled. My PD is sept 03. Do you guys have any feeling if we can file it before this summer (like July)? Another concern is based on current situation with USCIS, it is about 8 month wait for I-485 to be processed. As you mentioned, it might be longer waiting time for this process since many people who had waited, will be filing. Please give me your feeling of feasibility date. Thanx.



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