Thursday, June 9, 2011

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  • san3297
    11-10 01:52 PM
    Anyone came across this scenario...





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  • bombaysardar
    11-01 06:32 PM
    I know of a old couple who put in their appl to extend, but it took an inordinate amount of time. They left the country even before the appl was approved several months later. When it came to visa renewal time in chennai, they got denied several times. Just my 2 cents





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  • crystal
    09-14 03:39 PM
    are we not aliens?

    i hear as if some aliens are speaking .





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  • snathan
    02-09 11:09 PM
    Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)


    do you think they will?



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  • pappu
    01-02 08:34 PM
    Many people like us want to do an automatic contribution. Can the website be modified for this. Setting up direct payment from bank account is more cumbersome as suggested by one member


    thanks
    IV is working on this and we shall be making this live shortly.





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  • dilipb
    04-21 03:20 PM
    This query is for a friend of mine.

    His labor and 140 was pre-approved.
    In jun 2007 he applied for 485 / EAD and AP.
    He got EAD, is working on it.
    He also used AP to go to india and back.
    His H1 is already expired this month.

    All he has is a new AP based new i94 which expires on the day his EAD expires.

    Now his drivers license is expiring.
    Does anyone know the documents he will be required to submit to DL center to get DL extended.

    Also the most important thing is, can the DL somehow be extended for more than 1 year. Because doing this every year is a pain.

    Thanks in advance.



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  • Canadianindian
    07-08 09:55 PM
    5 star from me too :D

    Best of luck.





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  • psaxena
    07-31 01:45 PM
    Hey INSBABY,
    Please do not write such post, I was about to get a heart attack, you would have been responsible for my "Om namah swaha". Well would be good for the others in the line as one less in the line then :p

    Dream:
    EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)

    Happened:
    EB3 I - OCT 2005 - 01/JAN/98
    EB3 I - OCT 2006 - 22/APR/01
    EB3 I - OCT 2007 - 22/APR/01
    EB3 I - OCT 2008 - 01/JUL/01

    Expected:
    EB3 I - OCT 2009 - 01/JAN/98
    EB3 I - OCT 2010 - 22/APR/01
    EB3 I - OCT 2011 - 22/APR/01
    EB3 I - OCT 2012 - 01/JUL/01
    EB3 I - OCT 2013 - 01/JAN/98
    EB3 I - OCT 2014 - 22/APR/01
    EB3 I - OCT 2015 - 22/APR/01
    EB3 I - OCT 2016 - 01/JUL/01
    EB3 I - OCT 2017 - 01/JAN/98
    EB3 I - OCT 2018 - 22/APR/01
    EB3 I - OCT 2019 - 22/APR/01
    EB3 I - OCT 2020 - 01/JUL/01



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  • pd_recapturing
    09-26 04:31 PM
    Which number did you call to get the recipt numbers? What info did you have to provide?

    Thanks.
    800-375-5283
    Options 1-2-2-6-2-2-1

    u need to tell them that ur app was filed around 90 days ago and u wil get transferred to an 2nd level IO. She will ask you ur full name and DOB. If she finds you in DB , she will verify ur address or mother's maiden name.





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  • desi3933
    03-27 01:29 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    Is that time period listed on G-325a (Applicant's employment last five years)?



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  • gg_ny
    07-31 09:54 PM
    gg_ny/others,


    1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?


    2) gg-ny, can you eloborate on this please?

    (have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.


    Thanks for your responses.



    Sendil
    Hi,

    I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
    1) unless you USE your EAD, H1 or H4 status wouldn't be affected
    2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
    3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
    4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
    applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
    5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
    it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
    6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
    7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.

    Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.





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  • howzatt
    08-15 11:34 AM
    What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?

    How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.

    I do not know about the guidelines but these FAQs were released a few days ago(definitely after July 2nd).

    Your question about how do they physically transfer applications is just very stupid. Just think about it. Your lawyer made a mistake and you want to blame USPS or USCIS for it? Nobody can tell you for sure their method of transferring applications. I dont think you have any other option but to wait.



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  • pkd666
    02-14 02:05 PM
    Courts in NJ are not all that friendly to the employees in the case of a non-compete issue. I did some research in this regard when i was having trouble with my desi employer. If you were in California, you can just show him the finger, but NJ is different. If you did sign a non-compete agreement then i would suggest you try switching vendors and join the client after a while. but if you did not sign anything, then there is not much the employer can do.





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  • DesiTech
    06-01 07:10 PM
    :) Thanks for you info.



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  • sam_hoosier
    03-26 10:18 AM
    I am hoping to travel via emirates to bangalore..I have avoided other airlines due to transit visa issues...any experince using Emirates??.

    I have traveled on Emirates to Chennai a couple of times but that was via London. Emirates is definitely among the top 5 airlines in the world in terms of customer service. Nice & comfirtable seats, great food, transit at Dubai was a breeze. Would definitely recommend :)





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  • kaisersose
    06-02 12:10 PM
    It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.

    Only at the 140 stage and for small companies. The OP has clarified that his 140 is approved and he works for a big company.

    So ability to pay issues are no longer applicable.



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  • RandyK
    10-02 03:06 PM
    If the employer is in good financially, then somehow it was not proved to th USCIS when you submitted the docs for the RFE.

    If you can prove the company is in good fin cond. applealing probably is the best option than starting all over





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  • logiclife
    05-10 01:07 PM
    Friends,

    If I was within 3 hours of driving distance from downtown DC(like VA, PA, DE, MD) then I would leave early from work a couple of hours to attend this event. Some members are flying from Seattle, Nevada, Florida and other are driving from NY, NJ etc.

    It would be worth your time to hear first hand from Immigration Voice, something that has been much desired by many members when they want to know the future direction and current prospects. Plus you would know other IV members in DC area with whom you can co-ordinate in the future.

    So, although this event is on monday due to scheduling reasons, its worth leaving work a couple of hours early if that's what it takes to make it here.

    If you make a decision, here is the RSVP email again(we need head count for planning).

    RSVP:

    jay@immigrationvoice.org
    info@immigrationvoice.org





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  • milind70
    07-27 11:01 AM
    I would file for 485, but maintain my H1, and bring her here on H4. A PD of EB3-March-2005 is not going to get current anytime soon, I would not miss out on the option to use AC21 to switch jobs...
    He cant use AC21 as he will lose his H1 status and his wife will out of status.
    He would be advised to keep his H1 status all the way till he gets his green card or till his wife is able to apply for 485.





    desixp
    08-31 11:36 PM
    Intresting topic in NYTimes.com

    http://www.nytimes.com/2009/08/31/us/31elder.html?_r=1&em





    sanjeev.mehra@gmail.com
    08-15 08:25 AM
    Hi,

    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?
    I would appreciate your comments.

    Regards,
    Sanjeev.



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