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  • krishnam70
    11-21 01:42 PM
    Hello Gurus,

    I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)

    Following is my current Status

    Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
    Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.

    I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.

    After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.

    From the info in some posts, I understood that this extension puts me back into H1B Status.

    Now the actual question :
    -------------------------
    I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)

    If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.

    But let's assume I don't get it Approved before I leave.

    a) Am I allowed to travel outside USA while my AP is Pending ?

    b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?

    c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
    why did I leave the country while my AP application is Pending ?
    Why are applying for H1B Visa while you could have used your AP?

    I appreciate your detailed answers.

    Thanks

    Ibbu I answered your questions in other threads you opened. It is not advisable to open multiple threads with same topic. I do understand your anxiety in getting answers but to open multiple threads is only going to knock off people and you might not get responses which could lead to discussions and answers for you. There are multiple threads on the same topic with people in similar situations which could be applicable to you. Please do some research and reading..

    cheers
    kris




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  • rjgleason
    October 27th, 2003, 06:13 AM
    Great shot Don....I like that image a lot.

    Some shots from yeasterday at and around the Delaware Water Gap:

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  • hebron
    08-16 01:47 PM
    If the employer did not pay you salary that he agreed to pay then you could complain to DOL. You stand a sure chance to get paid if you bring this to DOL's notice. You can do this anonymously. DOL would also slap your employer with a fine and he would be banned from hiring H1-B workers for few years.




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  • a1b2c3
    06-16 12:27 AM
    I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!

    I think so too. I think its good to ask the immigration officer why the visa is being denied.
    I think its best your parents apply by themselves and leave your brothers out.
    When they see so many family members travelling all together for an extended period of time, they smell something. They feel your entire family wants to be out of Indonesia and will apply for asylum.
    Another thing to do is to ask for a short duration visa like a month or so. It might help.

    And forget abt the elderly granddad. No one will buy all that. Make sure the reasons for coming back are rock solid.

    Sorry to hear about this and wish you the best luck next time. Don't give up hope and ask your folks to schedule another appt without delay.



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  • HOPE_GC_SOON
    01-31 02:24 PM
    Gurus:

    My friend got into this situation.

    He had EB2 Labor approved with PD 08/2005 and I140 approved.. He is in final six months of his H1.

    Now, interestingly his EB3 labor from Previous employer was just approved. However, he is no more working with them. But could convince them to file I140 for the apprvoed EB3 (which is PD 09/2003). and would like to Port the PD to his current EB2 with his present employer.

    Did any oone of you experienced this and if so, can you please share your experience..

    What are the Dos and Donts for this case.. Appreciate your replies.

    Thanks,
    :)




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  • imcdude
    09-19 07:23 PM
    Please check with your attorney on this issue.

    If this happened by accident, altough it seems to work in your favor, there is a possibility that there could be trouble if you had to validate your visa.

    So check with your lawyer that it was not a mistake.



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  • needhelp!
    03-24 12:43 PM
    Call them at: 1-800-433-8850




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  • rockstart
    01-08 07:08 PM
    My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help



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  • Kitiara
    05-27 09:08 AM
    It took me about 5 minutes to ven <i>find</i> the links page... :sure: They're all vile. Truly hideous. :)




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  • anilsal
    08-05 04:09 PM
    the process of interviews. Can you please tell us how you are notified about a possible interview, how much time you have to prepare for the interview (15 day notice, 30day notice??), how one can postpone the interview (calling USCIS or need to send a letter) etc.

    This will benefit members.



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  • bsbawa10
    08-11 09:34 PM
    Dear Friends

    One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.

    Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.

    For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.

    My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....

    My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).

    Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.

    The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.

    How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.

    In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.

    See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.

    If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.

    Only thing that will get you green card faster is "Luck".

    Good luck to all of us.

    I fully understand your frustration and I am equally frustrated with them as you are. Sometimes I feel angry, sometimes frustrated and many a times I have the feeling of helplessness. I am not powerful enough to curse them. What an unfair organization ?




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  • wizpal
    02-24 01:01 AM
    I am ready to attend the state chapter and local law makers..



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  • Rakson
    03-03 06:58 PM
    You have added important point for consideration. Thanks!


    I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...

    A. Can USCIS revoke 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?

    Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).

    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?

    Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.

    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?

    Rajeev >> Yes, its possible if revoke is not due to fraud filing..

    1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?

    Rajeev >> No, this is not true. USCIS is still approving as before.

    2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.

    Rajeev >> Yes, this could happen as every filing is new and handled from starting.

    3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?

    Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.

    4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).

    Rajeev >> No, L2+EAD period is not counted like H1 & L1.




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  • zCool
    04-03 03:35 PM
    See below for answers:

    Hi there,
    this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....

    Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:

    - Can you work for 2 employers at the same time while making the switch?

    -- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
    That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
    - How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?

    -- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
    Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
    - Is traveling to my home country OK while filing the petition or is it better to wait until I come back?

    -- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
    Thanks a lot!

    BTW, as queries go.. this one wasn't complicated :) Relax!



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  • Leo07
    02-03 05:28 PM
    God Bless!
    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.




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  • h1bemployee
    02-26 10:43 AM
    When was your H1-B amendment denied?
    What is your current LCA salary vs. original LCA Salary?

    Original LCA salary is like 58k and current one is 40k



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  • ebizash
    07-23 12:16 PM
    Don't mean to hijack this thread but since my question is related to AP renewal I thought I would. OP if you have problem with this question, let me know and I will delete this post.

    I will be applying for AP renewal online for myself and my wife. This will be our 3rd AP (2nd renewal). The only problem is we never received the I-485 physical receipt (we know the LIN no. as well as A#) for her. So far my attorney had been filing the renewals but this time I want to save money and do it myself. I think its kind of stupid to pay 600-800 to attorney for such a simple task.

    Has anyone been in this situation? Can anyone suggest, what other document we could use such as copy of prior APs, EADs, FP notices etc?




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  • pkv
    01-07 05:55 PM
    IVians
    I applied for I-485 during in July 07 and have I-140 approved.
    I renewed my passport last week, new passport number is different.

    Should I inform USCIS about this change?? is there any process/form for this?

    Please share experiences, I'm sure many of us must have experienced this.




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  • TeddyKoochu
    10-15 08:29 AM
    Teddy

    Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing

    gc_on_demand - Here are the links from other sites.

    From Ron Gotcher's Forum

    http://www.immigration-information.com/forums/general-immigration-questions/10321-uscis-considering-permit-pre-filing-i-485-applications-approved-i-140-a.html

    I could not find anything on any official site. There are blogs going on all popular immigration sites on this topic.

    I believe that since the agencies are thinking about this provision (Even though this has been in the news since a year) has better likelihood of being implemented.

    skgs200,aksharan, cbpds the EAD / AP part appears to be disputed nobody is clear on this. Yes there maybe a fee for this but it does bring us a step closer.




    arjunpa
    10-07 12:28 PM
    Thank You all for the valuable inputs.

    I have an update.

    I received my H-1B approval for one year but my I-797 arrived without and I-94 and an attached letter quoting reasons for denial of my extension of stay. The following reason was quoted,

    H-1B status of the beneficiaty with previous petitioner is valid until March of 2010, but our records indicate that the petiotioner revoked H-1B on May 5 2009. This was followed by a new petition that was initiated by the current petitioner on June 26 2009, since there is a 71 day period between the last pay stub with prev. petitioner and the current application, the beneficiary has been denied an extension of stay.

    The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.

    Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.




    number30
    03-29 06:02 PM
    You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.

    Yes That is the way. You have three years to ammend your tax return. It is simple and common



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