Jumat, 10 Juni 2011

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  • austingc
    07-31 11:26 AM
    Hi,

    I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.

    So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?

    This is my second trip on AP.

    Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?

    Adding to this, my PD will be current from Aug-1st :(

    Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
    Sorry to hear about your parents. Hope they are doing ok. It should not be a problem and you can even enter the country on Aug 30, 2010, the day your AP expires. The only question they would ask is 'Are you still working with ABC' (GC sponsership company) and may be some additional questions about your location and the purpose of your trip.

    Since this is your second trip you should know by now what documents you need to carry with you. I travelled twice in this year and carried only my I-485 receipt and AP, thats it. When you enter the country with AOS status they don't really care much about other documents but if you want to carry all the above mentioned documents, it does not hurt.

    If your 485 is approved while you are outside of the country, you will not face any problem since you have a valid AP. Good luck!





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  • willigetagc
    07-17 09:29 AM
    Not entirely accurate. H visas have dual intent. You can tell them you will go on H1 and eventually get a GC and citizenship and the consulate cant do a thing. But if you are going for a tourist visa, then they will deny it. (But dont go and actually try saying something like that... you never know)

    Secondly, in the past filing LC was not proof of Immigration intent. It was I-140. I dont know what it is with PERM. But look at it this way, the first GC related document that reaches USCIS with your signature and name is the actual proof of intent. I wonder if that is still your I-140 application.





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  • rap1357
    06-12 04:36 PM
    Unlucky lot.





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  • ebizash
    07-23 10:42 AM
    I have two options:
    1. Stick with my current company and take the money.
    2. Switch to new employer right away and file new PERM.

    With option 2, if I change to this employer, I will lose that good chunk of money.


    I don't have a suggestion but a question for you. What is this money that you get if you stick with the company after they lay you off. Why would you lose the money if you join company B? I am sorry I just thought it was kind of strange.



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  • seekerofpeace
    09-05 12:01 AM
    I saw in one of the threads : someone's CPO welcome status changed to "Approval notice sent" after couple of days....

    Strange r the ways of USCIS

    SoP





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  • sweet_jungle
    12-04 02:15 PM
    Interesting, looks like all these cases got approved ??

    This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers

    There were mainly 2 issues faced:

    1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
    The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.

    2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.

    So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.



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  • gc28262
    09-24 10:51 AM
    FB part of this bill is what makes many democrats to support this bill.

    Anti-immigrants will oppose any kind of immigration ( EB as well as FB)





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  • morchu
    04-28 03:39 PM
    :) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.
    what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.



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  • RamK
    09-24 02:09 PM
    Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.





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  • coopheal
    12-17 03:30 PM
    Dates were current till 2005. USCIS and its previous incarnation didn't even finish cases from 2001. Even in 2007 all blow out sale they didnt complete older cases. Also all along they kept on wasting visa as well.

    Ideally these would be considered as severe circumstances and USCIS/Congress/Administration would work on getting us some relief because we would make such huge noice for this.

    Oh wait.... we are highly skilled GC aspirants.... we won't contribute and won't participate in various IV efforts. We would rather come over here blame core for our situation.



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  • GCKarma
    01-12 01:41 PM
    wht is WOM?





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  • sandy_anand
    10-04 10:01 AM
    Not sure if it has been posted before but I came across this on Ron Gotcher's site. Someone posted it from a Chinese EB3 website. Scroll to page 46 and you can see the waiting list details for EB3-India. Disclosure - I make no claims to its accuracy so don't flame me :-)

    http://www.eb3chinese.org/resources/E3+Waiting+List.pdf



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  • pvpb
    11-11 10:00 AM
    Hi,
    I got FP notices yesterday (11/10/07)

    Application reached NSC 08/03/07
    transferred to VSC and 485 to TSC
    EAD cards received





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  • qualified_trash
    01-30 12:28 AM
    why did they revoke it after approving it?



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  • cdeneo
    09-21 06:24 PM
    The text provided on the link below has the following section:
    ================
    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

    ==========================================

    Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?

    Can someone please clarify? Thanks!

    Look at this document. This should answer lot of questions regarding AC21

    http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf

    Thanks
    Karthik





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  • senthil1
    05-31 10:52 PM
    CTS is doing gc by EB1 for some people by L1A

    My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......

    I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing



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  • lvinaykumar
    08-28 05:01 PM
    How did u manage to get so many red dots....at least you are on top of something!!!!:D:D

    lol...





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  • ChainReaction
    08-10 09:12 AM
    http://www.murthy.com/chatlogs/ch073007_P.html

    Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?



    Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.

    Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.

    Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?

    Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.





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  • return_to_india
    03-05 09:53 PM
    Transfer money to State Bank of India .





    crystal
    07-12 10:11 PM
    EndlessWait I hope ur wait will end soonI can't sleep all night.. cmon atleast give us few options.
    My take on the permanent solution:

    1. Recapture lost visa numbers
    2. Medical tests are going to be valid indefinitely
    3. Ppl who've worked for X years automatically can apply for I-485
    5. All can apply as per the old bulletin
    6. ????

    cmon guys help me with this.i'm running out of ideas..:D





    sri@180
    02-08 11:00 PM
    I went to USA 1 yr back by h4.h1 is approved in nov2007.If i face any queries on h1 in indian emabassy.Can i go by h4 to USA in that h1 query period.i mean without h1 stamping in query period.



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