Wednesday 15 June 2011

First World War Casualties

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  • vin13
    01-08 12:25 PM
    Travelling on AP needs only your passport and the AP.

    Supporting documents could be I-485 receipt, i-140 approval notice, other visa approval notices, recent paystubs and a 2 sentence employement letter from your current job.

    Port of Entry is much simpler compared to the consulate. At the consulate, they can deny visa even if you have all the information. At Port of Entry, they are usually just looking to make sure you are coming in with a valid document. So i personally feel you should be Ok to travel.

    Having a baby is not going to carry any weight at the port of entry. The IO is looking for validity of documents and not going to yeild for any pleading.

    Just slide the AP documents in the photo page of your passport and let the IO know that you are entering on Advance Parole. Do not say more than what is asked for. Do not give more documents until the IO requests. They will ask you if they need. It is very simple.

    Typically, they will send you to a secondary inspection. you submit the documents and wait for them to call. They will stamp the AP and give you one copy.

    Philadelphia IO officers were very very friendly. I recommend Philadelphia if you are too worried.

    Hope this helps.




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  • vicks_don
    01-05 03:14 PM
    Today morning I posted in greatandhra.com which is frequently visited by people from Andhra Pradesh in INDIA. I am expecting some more members to join over the weekend.




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  • bank_king2003
    06-04 02:03 PM
    but in this case the H1b stamp on my passport is still valid and not expired.

    i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.

    port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....




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  • ashneels2001
    12-06 11:14 AM
    In thi case you can only get GC if you remain alive while serving the US Army. Remember they want to put you in front of the enemy first before they pu their citizens.



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  • rockstart
    01-28 09:08 AM
    Sorry to break the bad news but technically the grounds for H1 extensions are no longer valid. Your only chance is if your appeal is in process because that keeps your application alive. Also recommended is to file a fresh PERM asap.




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  • pitha
    03-20 03:48 PM
    predicting cir future has become semilar to the "visa bulletin prediction" nobody knows anything about it. For every article which says cir might happen there is an alternative article which points out why cir will not happen. There seems to be universal concensus that if cir is to become a reality it has to be passed by august september time frame after that it is political season and it will be lights out for CIR



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  • sweet23guyin
    04-23 01:31 PM
    You aint getting any information or clarification on this buddy. Everyone says it is a gray area. I am getting gray hair trying to get clarification for this gray area :)

    Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!


    I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
    Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
    My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.

    Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
    If there is a chance or idea you want to put forth with your own company, there is no good time than today!

    Good luck and let us know.




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  • addsf345
    12-05 10:46 AM
    how wld I know abt all these codes..

    do I need to ave access to my approved labour?..

    my approved 140 doesn't have much details abt the proposed job instead it's is written as see labour for job requirements...

    so where wld I get these codes?

    It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.



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  • wandmaker
    07-19 03:20 AM
    I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

    + You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay

    After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

    ++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple

    I have EAD and AP but wondering why I can not transfer H1B?

    +++ When you have an option to move to a new employer on H1B then why not

    Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.

    +++++ Not true

    Somebody else said I can transfer until my 6 year period but not beyond to that?

    ++++++ Not true, see "++"

    Others said no matter what I can transfer my H1b to any employer.

    +++++++ True

    I am confused, please help.

    ++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many

    Hope this helps :)




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  • angelfire76
    04-01 03:29 PM
    "===============================================
    It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.

    If travel is a must, it is advised to the employees to carry the following supporting documents:

    1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
    2. The usual check list for H stamping and employment verification at the US port of entry

    The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
    "===============================================


    Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
    I wonder which attorney sent this.



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  • avi
    04-17 01:51 PM
    I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?

    If I do so, what will be the status of the I 485 application after H1B transfer?

    This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?

    All help appreciated. Thanks all in advance.

    I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
    To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...

    A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.

    I may be wrong .. but this is how i perceive it


    Peace.




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  • World War 1


  • bp333
    09-25 12:32 PM
    My attorney filed my 485 AOS on July 11 and USCIS received it on July 12 (Texas Service Center).

    Per my attorney all of the July applicants received their receipts except mine. I asked her to see if the check has been cashed and she is unable to confirm that. They think that they might have forgot to include a check (nost sure though). If thats the case, assuming my application gets rejected. Will I be able to refile with my PD not being correct.

    What are my options. Please help. Thanks.
    :mad:



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  • indianindian2006
    07-26 11:54 AM
    My company attorneys are in the process of filing my AOS application per the July bulletin. I have an approved labor certification and an approved I-140. Turns out due to internal restructuring a new legal vehicle was created under the existing company and groups re-aligned. Job function and location haven't changed.

    The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.

    My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.

    I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.
    What is the total number of employes your company.




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  • gc_nebraska
    01-08 12:58 PM
    Thanks ! Vin13 for the quick response . This was my big dilemma past 5 years and skipped lot of trips just because I was so nervous to travel . Once again I really appreciate your feed back .



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  • ashres11
    09-28 08:17 AM
    J.Barrret/July2/10:28AM / NSC
    Single check for spouse and myself.

    Finally got check cashed. Cashed from texas.




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  • first world war weapons. first


  • mjdup
    11-17 03:00 PM
    Welcome to the club achi goro :)

    This whole forum started because of retrogression so to answer your question - you may not be able to file 485 because of unavailable visa numbers. Your attorney should know this, your PD is the day when you filed your labor.

    good luck,



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  • gcman2005
    10-08 11:04 AM
    Hello,

    I have following situation and need some help on making my travel decision:

    1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.

    2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.

    3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.

    4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.

    5. My pay stubs are still issued with name of Campany A.

    6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us consulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?


    7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?

    8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?

    9. What are the risks in this travel ?




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  • YesGC_NoGC
    10-09 05:15 PM
    The only good part is that they are not jerking the dates back and forth. Hopefully this is a sign that dates are not going to retrogress any further.

    If they apply quarterly spill over, we should see some movement in December. Lets wait and see......


    What else ?




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  • saileshdude
    10-06 05:06 PM
    We(My wife and I) recently (July 2009) got our FPs done. immediately after that our cases got transferred from TSC to VSC.

    PD: Feb 14, 2005.

    I thought VSC is not processing any I-485 applications. Is anyone else in the same status ?

    Also, I have to apply for EAD and AP.. Do I apply in TSC or VSC ?:confused:

    Please help! :(

    Do you know why your case got transfered to VSC. Do you live in Vermont or NH?




    Sai gc
    05-15 09:00 AM
    I would not worry about it at this point, this seems to be an internal matter, cases are often transferred to other service centers for speedy processing, sometimes it could be an error also, whatever this might be, this is not something you have control over. If the I-140 becomes overdue you should have your employer call or write to the service center.

    Hi Attorney,
    Today i saw hard LUD on my I -140 and i got an email again from uscis stating that my I-140 is PE and will be processed in the service center where it is transferred to.(recently transferred to NSC from TSC)
    (as i already mentioned my 140 was approved in 2007 :confused:).
    Please suggest .
    Any one had similar experiences ?




    GC_ki_daud
    03-13 03:21 PM
    Any body ..Any good suggestion/Advise



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