Sunday, June 12, 2011

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  • aperregatturv
    04-20 05:24 PM
    I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.

    Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT

    Your Case Status: Post Decision Activity

    On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    But i have not received the document yet and wife is leaving on 24 th Apr 2011.
    I would like to know if she can go without and when i get it i can mail the document so she can come back.

    Please help.

    Thanks
    Arun





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  • amitjoey
    01-26 01:38 PM
    If only we take our concerns our problems to the elected reps of this country.
    If we sincerely talk to them and tell them that we face this- and other issues, we can make some headway.





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  • freddy22
    04-24 09:25 PM
    thanks for your help it was hardly worth pressing the keys to let me know the word drr is used by people....yawn





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  • ilikekilo
    03-05 09:22 PM
    I dont think we have to panic...if needed gvot will print money for FDIC...heck when they can do it for banks..



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  • kvrr
    06-26 04:24 PM
    I pay all costs for anything related to GC. One new fees is my lawyer/company are charging $1000 for preparation of application for adjustment of status on expedited basis during July 2007. This is in addition to the legal fees $1500 for 485, $500 for EAD and $ 400 for Advance parole. I am paying around $8000 for me and 2 dependents for 485/EAD/AP.





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  • wandmaker
    12-17 01:49 PM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced

    a. You wait for MTR results and make a decision based on that
    b. If you MTR is denied, you will have to start your GC process from scratch (labor -> 140 -> 485) because your 485 is automatically denied - so do not think of using EAD or avail AC21.
    c. since you have an approved H1B till 2010, you can transfer it to new employer - ask the new employer to GC, and you will become eligible for further H1 extensions.

    consult a lawyer immediately as yours is a tricky situation.



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  • ksrk
    05-01 08:11 PM
    Hi all;

    Questions if anyone has ever seen an RFE like this one.
    My first RFE was asking for all documents related to work authorized by USCIS.
    I think I responded properly and provided all documents requested.
    Then another RFE just came in end of April mail asking for the following.

    Please provide all school transcripts during your F1 student status.

    Now I am dummy because up until about few days ago I just realized I made big mistake!
    I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
    I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.

    Any good lawyers in San Jose area think I can pass with a letter of explanation?

    What's not clear about your case is whether or not you applied for your H1B BEFORE you finished school (in mid 2002). If for those 7 months you were waiting for a decision on your H1B (pending application with USCIS), then you weren't out of status during that period. On the other hand, if you did go out of status for >180 days, then you may have to explain it. Whether or not you get into trouble depends on the reason for going out of status in that period (if indeed you did).





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  • vamsi_poondla
    02-06 05:03 PM
    Job duties and same/similar job functions will be deciding factor. If your GC is for Programmer Analyst and if you become manager as Assets Manager, it will be an issue. If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    if you are like my manager, who forgot how to open IDE and always works on some obsolete excel sheets/ project plans/ outlook, you will have trouble...

    Bottomline, dont leave development even if you become manager.



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  • myimmiv
    12-18 04:26 PM
    I entered in Atlanta GA, with 45 days of validity remaining on my AP. No questions asked.
    Thanks a lot truthinspector





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  • GooblyWoobly
    10-17 03:47 PM
    interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
    Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer

    This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
    1. Non-immigrant status (H1B/H4 etc).
    2. Pending AOS status.

    You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.

    I might be wrong though.



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  • mrcmic
    07-24 06:38 PM
    I am in the same boat with you.
    485 package was delivered by UPS on NSC and the tracking number shows it delivered on the morning of June 08.
    However, until this moment there is still no receipts annd check is not cashed.
    As Canadian_Dream suggest, we just have to wait a little more time and if still no result, I will submit another copy for the application.





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  • gtg506p
    03-09 11:25 AM
    Great. Can you give more details like:
    1. What was your complaint basis?
    2. Did you do DOL or lawsuit?
    3. How long it took?
    4. Did you get trouble from the desi emplyer?
    Thanks



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  • glus
    09-28 07:31 AM
    Hi Everyone

    I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.

    My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.

    Please help me out. Tell me if any of you have gone through similar issues.

    Thanks!
    The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
    The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
    Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
    You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.





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  • GCard_Dream
    02-23 01:03 PM
    May be it's time to start another contribution drive as some of the members only contribute when there is some action going on in DC; nothing wrong with that of course. I suggest that core team start another contribution drive and hopefully it'll be more successful this time around.



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  • dontcareanymore
    07-30 03:49 AM
    I read about new guidelines about not leaving USA before applying for reentry permit and biometrics are taken. Please see the note below:

    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/992527a7be4829e88525748a007ab59f?OpenDocument

    If the link does not work, fo to fragomen's web site , select resources --> US Immigration head lines and the following topic:

    USCIS Clarifies Biometrics Requirement for Reentry Permit Applicants.

    I am sure other immigration firms have similar info.





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  • shrayus
    07-13 08:09 PM
    :)



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  • gauravster
    02-08 06:09 PM
    Hi,

    I am in a similar position, but slight variations.

    H1B from Jul 2003. Already on 7th year extension which expires in Oct 2010. My Priority date is Jun 2007 and I-140 is already approved but, I could not apply for I-485 in Jul 2007 window.

    I have the following questions.
    1. Can I change a job ? If so, for how long will the H1-B be valid.
    2. If the H1-B is valid, can the USCIS reject the application if the my current employer decides to revoke the I-140.
    3. If I-140 is revoked, is there is possibility to port the priority date or will it be an entirely new priority date based on new application.

    I have been getting conflicting opinions from different people. A particular immigration lawyer I consulted adviced me against a job change, though I might get a new 3 year H1B, he feared CIS might revoke it if I-140 is revoked (it is quiet clear my employer will revoke the I-140). Is there any guidance/cases regarding the same from CIS ?

    Thanks very much for your advice.
    Much appreciated.





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  • eb3retro
    04-09 01:27 PM
    hassan,

    If I were you I would keep the AP also in hand, just in case, you know to be on the safe side. we spend so much money in this freakin GC journey, may be AP is worth it, cos, you dont want issues after spending 24 hours of travelling of facing this crap in the POE.





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  • kopguy
    06-09 12:05 PM
    Marketplace, a popular radio business program talks about the necessity to ease green cards for educated immigrants.

    http://marketplace.publicradio.org/display/web/2009/06/08/pm_entrepreneurship/





    sravankind
    01-08 05:35 PM
    Hi Guys
    I know somany experts in this Forum

    I am some problem becoz of desi company

    I am working for Company A I applied GC from Company B

    I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll

    please help me

    I have problems which everybody can understand wht problems with desi company





    snowcatcher
    01-28 08:57 AM
    Hi Viva, Great positive attitude. Just dont give up. And dont ask me why the delay so far? Here goes my contribution after the challenge from you and a nudge from my friend Bhaskar_s. I pledge $27 every month. I am going to use the bill pay from my account and send in the funds. Thank you and again don't give up.



     

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