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  • bank_king2003
    09-17 01:30 PM
    Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
    I would like to know our options to reenter the US.

    Our status:
    1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
    2. We both have Valid AP and is expiring in feb 2011.
    3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
    4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.

    My questions (I know this has been discussed many times in different threads but its all spread across with different information):
    1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
    2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?


    Please advice as soon as you can.
    Thanks

    Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.

    short answer - i had been in your situation and what my laywer told me is this

    doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.

    Secondly, you are all good to continue working on your H1b even after entering through AP.

    this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.

    Good Luck !!





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  • iamakshay
    05-28 05:43 PM
    Thanks Ryan for reply but I am bit confused... Do I need to have US Visa for working with Canadian company, even if company don't have anything do with US.

    It's canada based company and will be working remotely.





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  • s416504
    08-29 01:59 PM
    justusa,
    You have voted for receipted after 29th Aug From Texas (SRC).
    How is that possible on 29th Aug ?





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  • Funky_Monkey
    09-14 05:05 PM
    Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.



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  • salai007
    07-17 06:05 PM
    My Big thanks to IV core members !!!





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  • snathan
    05-15 10:49 AM
    Hi Pappu,

    How about 10000+ people sing a single letter and send it to every congressman/woman or senator. When you ask people to send letter to all congressman/woman they won�t. But i believe they wont hesitate to just sign one letter. Let me know if it�s useful



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  • sunderbans
    04-07 09:31 PM
    thanks for your reply.

    my wife H4 was denied since it was applied after 2 months of I 94 expiration (july 1,2010)but we also sent the I 94 correction based on my H1B notice untill March 10,2011 since there was mistake at POE in jan 2010. On March 18 we received I 94 correction until March 10,2011. Hence now actual out of status is from march 10,2011. So we decided for her to go to India for stamping. But we also filed for MTR still my attorney adviced us to go to India for stamping since we don't want to cross the 180 day period.





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  • nat23
    07-08 03:08 PM
    I was watching FOX News this afternoon around 3:00 pm EST and they talked about a Polish Lady sueing the USCIS. Her lawyer was on the show and he talked about the issue. The host then talked to a Congress man (i think it was Tom Lombardo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience". Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.



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  • ryan
    04-27 01:11 PM
    The antis regularly say that unathorized immigrants get a range of public benefits but don't pay any taxes. Not so. They're paying $8.4 billion a year in sales taxes and $1.2 billion in income taxes. And they don't get most public benefits. They get public schools for their kids and emergency rooms can't turn them away. That's pretty much it. In the mean time, a company that earned $14 billion in profits last year paid zero taxes.

    More... (http://blogs.ilw.com/gregsiskind/2011/04/unauthorized-immigrants-paid-11-billion-in-taxes-last-year-ge-paid-non.html)

    That article isn't comparing apples to apples . Corporate tax is one form of tax. However, GE and its units pay billions in several other form of taxes, which can be used in part, to offset corporate tax.

    Also, IMO this statement negates the article itself -- "$8.4 billion in sales taxes, $1.6 billion in property taxes, and $1.2 billion in personal income taxes last year"

    The illegal folk paid more in sale tax than income tax -- MEANING what exactly? The LARGE majority did not file / pay Income taxes. Period. Who are they kidding here with the sort of agenda filled write ups?





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  • ksurjan
    07-23 02:10 PM
    J Barrett



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  • senk1s
    10-26 06:20 PM
    waiting ...





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  • gaz
    02-17 09:34 AM
    I just got my H1 visa and thanks so much for your help. I really appreciate that. I now actually got some questions about the port of entry. As my understanding that they will stamp my passport at the port of entry, I wonder if they will keep my current I-797 at the port of entry (I already have the H1 stamp in my passport). Pls advise. Also, I don�t have the bottom portion of the I-94 on I-797 since I am currently in Malaysia . Would this be a problem? Please also advise if they will issue me the new I-94 at the port of entry. Anybody pls help. Thank you very much.

    keep the 797 with you. you may be asked for it at the port of entry - but it will be returned to you. that is your work authorization approval notice
    you will get a new i94 - make sure the date on the i94 matches the date-valid-until for the h1b visa.



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  • hazishak
    10-20 10:37 AM
    Mine was around the same time. Not even a LUD. Processing time is hopeless.





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  • styrum
    01-18 12:50 PM
    INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)



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  • sri1309
    11-09 07:34 AM
    sure. how about friday evening. say around 7:00? you bring the chips, I'll bring the salsa.

    Good one, but no Mr. Hopeful, thats not going to be that easy.

    Its quite possible you cannot meet any of them that easily in next few weeks or months. But we can keep writing to many, papers, etc.. Write even Bill Clinton who strong supports the government and others too. and in change.gov-->Agenda-->Immigration to write to BArrack.





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  • unseenguy
    06-19 05:14 PM
    I would not be surprised if it is all CIA or MIA instigated drama. On one count Ayatollah seems to be correct, how can 11 million votes be rigged?



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  • little_willy
    07-25 12:38 PM
    I changed jobs recently and retained my attorney from previous employer even though I had the option of using the current employer's attorney for free. The reason being

    1. I had good relationship with my previous attorney.
    2. I never know when my dates (EB-I 06/03) will be current and in case of a layoff or future job change, we need to update USCIS with the new attorney information which I thought will raise a few eyebrows and was not comfortable with this option.
    3. Even though you change attorney and send the updated details to USCIS, chances are that they don't update the system and any RFE or information may still get sent to the original attorney that filed your I-485.

    Note, that I am not suggesting you one way or the other, these are the reasons for making my decision, hopefully this will help you make an informed decision.

    Thanks.





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  • kevinkris
    07-10 05:33 PM
    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?
    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?
    3. What if the old employer revokes his I140 now? His GC process is invalid?
    4. If we leave about GC, Can he do H1 transfer atleast?

    Thanks for your valuable suggestions.





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  • anuh1
    03-16 04:15 PM
    Mine was filed 2nd week of Feb and still waiting .....





    xgoogle
    06-25 07:59 AM
    So we can apply for an EAD and AP renewal when the time comes on our own?
    Also is AC-21 filing involved in this case?
    And would my current employer need to do anything or need to not do anything?

    Thanks,





    vik123
    01-18 09:02 PM
    check murthy.com forum for the rate of approvals of I-140.



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