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  • miguy
    07-22 11:40 AM
    Please check my question in blue below

    Fitz,

    Following is some clarification that I got from my Lawyer..

    1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?

    a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.

    Is this true? So, you don't have to be in US during the entire process of I-485 application?

    2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?

    a) An I-485 can't be abandoned simply because you left the USA

    3) Once we file 485 do we need to wait for the receipt before traveling abroad?

    a) No.





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  • amsgc
    08-23 07:45 PM
    The problem here is that a large number of people whose pd is current have signed up for infopass to get their case status - knowing very well that this is nothing but a waiting game. This forum is full of infopass experiences where people have not got any information that they already don't know.

    And now it is people like you, who really need an appointment, suffer.

    Anyway, maybe you can just show up at the office and plead your case.

    I have been trying to book an infopass at Hartford office for the past one month. I been trying to every 2 hours for at least 8 times constantly every day.
    Every time I get a message saying "No information appointment is available at this time. Please try again later" message.

    Any body have this problem. I have been trying to get infopass since my EAD is going to expire and I am experiencing delay in EAD renewal process.





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  • mrajatish
    09-13 03:23 PM
    Please stop complaining, multiple posting of same greivance and try to do something constructive - I have been waiting for more than 5 years now too, and as frustrated as I am, I do not feel complaining will get me anywhere.





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  • gimme Green!!
    07-24 12:17 PM
    Attach the screen shot of labor approval and indicate that you are waiting to receive the actual approval.


    Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?



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  • reno_john
    05-07 04:10 PM
    takes around 1 to 2 month. My friend got his duplicate in 1 to 2 month but need a police complaint while filing for a duplicate.





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  • cdeneo
    03-27 12:50 PM
    No real evidence but when I had looked into doing this for my parents this is what I found out -

    You can apply for an extension - but would need to give a valid reason with proof along with a confirmed return air ticket for a later date. Some reasons that get accepted with the correct proof:
    1. More travels planned within the US - provide itinerary with dates and reservations of where the travels are planned for. And a confirmed return ticket to India later on.
    2. Medical - maybe a letter from the doctor may suffice but they would need to still have good explaination and this may not fly for a 6 month extension.
    3. Marriage of a family member in the US with wedding invitation and a confirmed return ticket to India after the wedding has occured.
    4. Any other valid reason with proof...

    I had consulted an immigration attorney and he said that he could prep the paperwork for me - the form itself is very simple, you need to attach an explaination for why you are asking for an extension and this needs to be done properly.

    Another thing the attorney told me was - USCIS had become more stringent than before on giving the extensions (not sure how stringent though as he said that one could get an extension with the right documentation provided). Also one needs to provide proof of funds to support your parents while they will be here - you can provide your bank statements, pay slips, etc for them...

    Also the attorney had mentioned that if they did grant an extension one time - most likely they would not do this again in the future (once in a life time thing sort of deal). Best bet is to go back and save your extension for a later time when you would utmost need it.

    Traveling out of the country and returning in one month used to happen a lot in past years - officers at POE have become more strict and may see that you were just here for 6 months and are back this quickly. The officer at POE would ask you the reason for a visit this quickly and may grant you a one month or a three month stay - completely in the hands of the officer at the POE (you may still get six months but it's all luck at this point).

    Good luck with whatever you decide to do.

    Hi Everyone,

    I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.

    I wanted to know what options do i have and what would be the repurcursions.
    1. extend thier stay. if so, whats the process.
    2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.

    Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.

    Your opinions and suggestions will be greatly appreciated.

    Thanks



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  • eb3retro
    05-04 09:07 PM
    how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?

    you did all this except being here and working in the place as mentioned in your LC , am i right???:rolleyes:





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  • go_gc_way
    07-12 03:18 PM
    when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.

    Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?

    I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.

    Thanks.



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  • snathan
    02-15 09:48 AM
    First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.





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  • Karthikthiru
    09-21 04:50 PM
    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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  • waitin_toolong
    08-14 06:17 AM
    Hello All,

    One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.

    Regards,
    Azeez

    It would not invalidate the transfer, as legally there is no such thing as transfer it is always a new H1/4 what she loses is her extension period on I-94 and you will be forced to file an extension for her an unnecessary hassel. Usually if H1/4 travel together this problem rarely happens as the H4 spouse is automatically given same I-94 time as H1 per their new I-797. But some VO's surprise are still too new at their job to figure out the same for H4 travelling alone.





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  • kaisersose
    04-16 10:00 AM
    Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.

    Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?

    Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?

    Thanks.

    Maverick_2008

    The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.

    If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.



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  • rangaswamy
    07-28 05:01 PM
    --



    -- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.



    -- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.


    When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.

    Ar





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  • amitjoey
    01-09 11:30 AM
    Please see some answers I am guessing:
    1. Do I Need an airport transit visa since iam travelling visa France ?
    No idea. Do not think so.
    2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) If you mail it it takes a week, over the counter should be much-much faster - same dayThey do it same day for Visa. I believe that they should do it for new passport too. Indian consulate has good information on their website.

    3. Can I travel with an expired H4 visa ? you can always go back to India - travel to India is fine since you are a citizen of India (guessing). Comming back you need a visa, and your expired visa wont do. you need a valid H4 visa that is stamped in your passsport, by US Consulate. You have to get an approved I-539 here before you leave for India. Then on your visit to India, you can schedule an appointment at the US consulate to get the Visa (Appointment has to be scheduled way in advance and nowadays there are other requirements like mailing the papers in advance- please check on website)
    Please check with a lawyer or consult lawyers website for other requirements.

    My opinion, please do not rely on this information


    Iam on H4 and my visa expired on oct 31 '06 , I have apllied for extension on oct 20 '06 , but havent got my extension yet, I have another problem my passport is expiring on Feb 13 '07. WIll be going to Houston to get my fresh passport this weekend.

    I have to visit India this month end and have booked my tickets trhough delta, from Us to India via Paris(France).

    I have 3 questions :

    1. Do I Need an airport transit visa since iam travelling visa France ?
    2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) [.
    3. Can I travel with an expired H4 visa ?


    Please Help ???



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  • sathishav
    02-25 10:23 AM
    Guys,

    Would it be of benefit, if USCIS sends us a notice when our petition is "Pre-adjudicated; awaiting visa number"? So, we can at least be in peace and go on with our life?

    Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.





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  • delhirocks
    07-11 11:38 AM
    I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.

    The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.



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  • upuaut
    08-10 06:59 AM
    Yeah.. I was going for that sort of effect (being a big fan of "Indiana Jones" movies, and "Big trouble in Little China"; and having more than a passing interest in Egyptology). Really this dial is the production that finaly got me thinking that I might have some tallent with Flash. It looks good, loads fast, and is almost immediately understood for what it is.

    Thanks for the koodoes..





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  • mnkaushik
    02-04 08:46 AM
    All State is saying is that they are giving EB2-India a total of 2987 visas. They didn't care about spill over and slow consumption by ROW. They are still acting stupid but this time they are trying to show reasoning for their stupidity. If this report had a consumption of visas till date for FY10 like in a dash board, then they would have seen their own stupidity clearly.

    I think you are making too much out of it. All they have said is 2987 per country. Below they do mention it flows from E1 to E2 to E3. Do you seriously think that they are going to say exactly how much the spill over is?





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  • jamesbond007
    11-01 08:56 AM
    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.


    Keep in mind that his letter stating reduced hours will be of no good. That actually amounts to fraud on the company's part. Do not get into that doodle.

    I think the best thing to do is to get a new LCA approved, and amend your H1. If your new salary is still more than the government published rate for that type of job in your region, a new LCA and amended H1 may not be necessary.
    I will search for similar cases and post here if I find something.
    Good luck.





    BECsufferer
    02-12 09:02 AM
    Totally support this. However as someone pointed above, please keep message short, cordial, respectfull, positive and patriotic ( towards US).

    I differ on describing, how much we make, instead how and what we contribute to nation. My sugestions, describe briefly if you are in;

    Medical Profession: Highlight how your service in under-previliaged area is uplifting life of patients and neighborhood.

    IT: How your work and company is making the nation more competent and advanced

    Automotove: How your work will realize green car revolution and create factory jobs

    Infrastrucutre/ Others: Same as above

    Aerospace/DEfense: How you are supporting our troops protect nation.

    Any other industry I missed, please fill in for yourself. Again be positive, cordial and no-demands.





    amalshe
    08-24 03:23 PM
    Hi guys,

    I know J Barrett has been a star of this forum for a while.

    I just wanted to check if anyone in a similar situation as mine as received any update on their 485.

    140 approved from TSC in May 2006; LUD on 7/28
    485 received at NSC on July 2, 2007
    485 received and Signed for by J Barrett at 10:25 AM

    Thanks.



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