Friday, June 24, 2011

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  • trueguy
    08-28 02:09 PM
    Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"

    With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.

    I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications


    That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.




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  • desi3933
    02-23 11:03 AM
    Hi

    We are in AOS pending status. I am on EAD.

    After seeing the economy I am planning to send my wife to India. She is pregnant (2 months). Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485. (Visitor visa Etc..)

    Any suggestions.

    Thanks

    Since you are not on H1 visa status anymore, child can not get H-4 visa to enter into USA. Your child must get immigrant visa as follow-to-join. Immigrant visa can be issued only when your PD is current. You will need to file I-824 with USCIS. (Link for I-824 (http://www.uscis.gov/files/form/I-824.pdf))

    ________________________
    Not legal advice.
    US citizen of Indian origin




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  • a_yaja
    02-04 05:09 PM
    I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport

    I don't think that having AP you can bypass your criminal record. The officer at the POE will have to make the determination if you are eligible or not. I recently read (I don't have the link to back it up) that a Vietnameese lady well in her 40s who had a green card (she was not a citizen) had a drug possession (it was not even possession with intent to sell) conviction and that the officer at the POE told her that she was inadmissible and that she had to go back from where she came.

    The only people who are granted entry without any questions irrespective of anything in their background are US citizens. Everyone else can be refused entry at the POE if found inadmissible.

    I am not sure if spouse battery qualifies as a deportable offense. If it does, I would expect that there will be problems at the POE on the way back.

    Consult your attorney and see what he/ she says. If domestic battery is a deportable offense, even a green card may not help you.




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  • casinoroyale
    01-12 07:55 PM
    As per my reading one can re-enter on AP. But do remember that the CBP officer at the port of entry notices that once case is under security check or something he may create issues. But in general i don't think this is the case. One of my friend who was stuck with security check entered using AP. I know him personally so this is for fact happend.

    As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.

    But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.

    One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?

    (not proof reading, plz ignore spelling and grammar mistakes)



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  • myuname
    06-18 11:14 AM
    Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.

    but I am not an expert so I guess others around here might have a different take. Best,




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  • krupa
    04-29 03:24 AM
    I do not think that you have any issues to work on W2 with an end client or with any other consulting company. Since you have completed six months period with your present employer, who supported to file GC , from the date filing I 485, there should not be any issues at all. Also filing AC21 is optional. If you are on bench your first option should be to find a project ASAP.
    Why do you do not want to file AC21, do you have any apprhencion or any specific reason ?

    Regarding your first question : QUOTE [Could any one please answer my questions about my RFE on I 485?]
    Many applicants got same RFE. I believe no body knows accurately reason for this type of RFE. There may be valid reason for this type of RFE , that 485 applicant is on bench for a long period , left USA surrendering I94 , Employer might have cancelled H1 visa and even some applicant got RFE without of any of these reasons.



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  • stupendousman11
    08-15 09:54 AM
    Why are there two "Priority Date" columns?




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  • chanduv23
    01-13 11:32 AM
    Attorney Prashanthi Reddy is in India now on a vacation and will not be on IV chat till the 3rd week of January. She plans to conduct her chat sessions once she comes back and I or someone else will post details.



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  • tammman
    10-06 09:34 PM
    I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.




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  • h1bnogc
    08-29 09:12 AM
    Thank you both for sharing your thoughts...

    I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

    For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

    I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.

    Immigstories:
    Could you please share your experience at POE? many many thanks



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  • kaisersose
    03-19 02:58 PM
    There are several instances when a denial notice was sent, but the website continued to show the status as pending.

    So if a denial letter has been received, then the website status means nothing.




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  • saint_2010
    09-10 06:43 AM
    yes...really what might have happened that day?..



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  • Lollerskater
    10-30 02:33 PM
    Look guys, I'm a J.Barret 10:25am NSC case. I've already gotten my receipt, but my heart really goes out to all of you. I understand your pain firsthand.

    What I want to say to you is, don't just sit here complaining. Do something! There are many other threads with advice as to what might be relevant to your case. Look around for CADude's posts. His information is very useful. I also posted my own experiences and solutions.

    Read everything. Find out exactly what the hell is going on. Figure out all the factors. Understand the situation. An old movie had the saying "Chance favors the prepared mind." It's true.

    I pray you will get out of this rut asap.




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  • busy
    03-08 10:05 PM
    Hi,

    My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.



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  • vin13
    04-08 12:36 PM
    Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?



    Don't you think the person going on a cruise should make an effort to check this out with the cruiseline?

    Many of you have probably been to niagara falls and been on the boat that takes you close the falls. If the boat by mistake goes even an inch over the canada side of the water, they will check your passports and visas before letting you into US side.:D




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  • ahaadi
    07-10 09:28 PM
    In case his I-140 was approved then there are no problems for this scenario right?



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  • njboy
    11-28 10:00 AM
    hope your name is in english and not in hindi.




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  • needhelp!
    02-11 03:49 PM
    try media fire

    It worked before...I had uploaded in the NY/NJ yahoo user group. Did someone delete it from there ? Not sure. Anoone know of free sites where I can upload the files ?




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  • sen
    11-01 06:43 PM
    I ran into the same issue when my wife I-94 was about to expire even though she had valid visa in her passport till 2010. We just crossed over to Canada (through Detroit) and after spending an hour we returned back to US. On our entry, we requested the officer to issue new I-94 since it was expiring. He directed us to the immigration officer who issued a new I-94.


    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.




    amitjoey
    03-26 11:56 AM
    I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.

    Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36


    Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great

    I'll post to the yahoo group shortly.
    Here're the details on NC_Immigration_Voice:
    Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
    Group email address: NC_Immigration_Voice@yahoogroups.com

    It is our time to seize the reigns and kick start some momentum

    Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.




    waiting4gc02
    11-16 10:34 AM
    Is it required to inform USCIS after you change jobs after 180 days using
    AC21?

    Is it safe to say that if your GC applying company does NOT revoke I-140 after you change jobs, that you are OK not to tell USCIS about your change ?

    Thoughts???



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