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  • perm2gc
    08-23 03:41 PM
    No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.
    When you have chance to use EAD and AP..it is always a good option as you can recapture time on H1 if something goes wrong in later stage of GC process

    1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?

    As long as you have valid visa stamp..no problem.(H1 aprroval will not make any effect.)

    2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.

    If you are entering after April2007 and your current visa is expired then you have get VISA STAMP otherwise you can enter on current visa


    3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007? Yes you can.

    Above replies are my personal views only.Please consult your immigration lawyer





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  • black_logs
    05-01 01:20 PM
    You can't get an apointment for June, until you can prove you have an emergency. Also you should make your appointment at the post according to the permanent address on your passport.
    Folks,

    I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.

    Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :

    Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?

    You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.

    Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?

    I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.

    Ganesh.
    ps: I can't get appointments before June in Canada or Mexico either. :(





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  • backtoschool
    12-28 12:32 PM
    I spoke to some one and he has told me the following:

    (1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
    (2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
    (3) 485/GC is for future jobs.
    (4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.

    Other questions for folks who asked me:
    My stats
    EB3 - india
    PD Jul 2002

    No, i am not stuck in the name check stuff. Just the BS wait!!!

    SO, guys who else is moving outside US for education?





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  • wellwisher02
    03-27 03:39 PM
    why will it retrogate again? we will see forward movement. be +ve and optimistic.:)

    Agreed! Let's think positive that it will move forward.



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  • misha
    07-21 02:18 PM
    Misha,

    Even I did not receive my AP ,which I applied last year july 2007.
    Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.

    she made us wait for almost 2 1/2 hours.
    Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.

    She gave our AP for me and my wife right away.

    So I advice you to take Info pass and check.Ap what I received was in paper.

    Thanks for the advice. I have my infopass appointment on July 23 2008. We will see.





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  • fcres
    08-09 10:19 AM
    Here it is

    Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.

    And here is what OH says in his breaking news for July 24th after this memo

    0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007

    Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.


    You should ask your lawyer to get an amendment. I read here yday somebody doing that.



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  • u.misc
    02-01 09:47 AM
    Dear all,

    I am sorry to post here. I know this is wrong but don't know where to go to. My husband does not have any idea about how to invest his money. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
    I rely on him for all this but I get no help.
    Thank you for your support.

    Again, my apologies.

    BUY AND READ THE BOOK TITLED:
    "INVESTMENT FOR DUMMIES" whose GC is in process and priority date in backlogged due to retrogression and by the way married to husband who's cash pooping machine but can't figure out what to do with money.

    Its along title but you sure can get a good deal on amazon.





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  • tammigaw
    02-15 02:14 AM
    It says own/lease/solicit ...blah..blah with any competitors , but the language is very generic and now he says that there is a word in the text and it could be opened to any interpretation based on his convinience .

    When i asked him to explain the clause during the time of signing he said that i could not join his competetors for this client . I felt this cluase is reasonable to protect on his business interests , so i sighned it .

    Now he is manuplating it to accomodate his interested , so he can squeeze more money out of me .

    During my stay here , he NEWER paid me on time andi had to call him 20 times and mail him for 10 times ..literaly begging to get my pay .

    If in worst case , if he tries to execute this non compete in court i am not sure if it stays valid , based on the manner he ran his business .

    Can any one please shed some light in this grey area.



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  • NikNikon
    June 18th, 2005, 02:19 PM
    Did you see my comment on this shot in the gallery, because I said the same exact thing "ask and you shall receive". Anyway, like I said there, great shot, Anders would be proud. ;)





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  • kosu
    09-15 09:18 PM
    After seeing your post I checked mine. On my 485 Receipt notice the section says: Adjustment as direct beneficiary of immigrant petition.



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  • BharatPremi
    07-27 02:37 PM
    After EAD is approved, H4 can work anywhere in any job.

    O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

    Now real question should be "Should I use EAD or Should I be on H1/H4?"

    If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.





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  • girish989
    05-11 01:26 PM
    That is the response that this guy gave when the senetor asked what to do to reduce the backlogs and he is the head of USCIS ..... :(



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  • texcan
    09-14 05:22 PM
    hi there,

    How about giving others some perpective about case timeline etc, so that they can answer question better.

    Please update your signature with case details.

    Just a suggestion, dont be offended.





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  • green_card_curious
    03-07 09:56 PM
    Thanks Stemcell. I am still on my H1-B, but my wife has been working using her EAD. We are seeing and hearing different things. We are obviously planning to appeal, but the problem is will USCIS cancel the I-485 immediately or will the I-485 be denied with the ultimate denial (after appeal, if thats our fate)? We are hearing it both ways, so am really not sure - but your friend's case gives me a little relief.



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  • vikramy
    06-22 10:14 AM
    From what i know If chest x-ray is clear you are good. I would suggest to find a different surgeon. good to have a second opinion

    Guys,

    I have got a RFE for my medical on 9th June 2009. We got our medical done in July 2007 and filed in July 2007.

    The RFE is mentioning my medical records cannot be found. we are pretty sure we did file it.

    My lawyer says the best way is to get a new medical done and send the new reports. I heard his advise and went to get a new medical exam. The civil surgeon asked me for PPD (TB Test) reports from previous years (1998) as in 2007 (when only the X Rays were done and they were clear), the size of the induration was NOT required but says now we need the size. I am trying to get the reports from the hospital where I got the testing done, but it has been more than 7 days and i am still waiting. The civil surgeon says that if we don't find the records we can do another TB test.

    My PCP says that once the TB test is positive, it is always going to be positive (which is true as i got it done twice - 1997 and 1998) and the 2nd time the induration was more than the first time. If i get it 3rd time, is it going to be more induration? Also, are there chances of reaction due to getting it done the 3rd time? I think my PCP mentioned something like this earlier.

    The civil surgeon says that if the induration is more than 10 mm, i might have to go through treatment :( I was shocked to hear that and did some reading and found out from another member too that the treatment is recommended and NOT required.

    If the TB test results from 1998, don't come in time for me to respond to the RFE, can i not send the copy of my original medical done? I am going to ask the lawyer about it too, but wanted to know some personal experience of the folks who have gone through it.





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  • conundrum
    03-12 11:53 AM
    Congrats!!



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  • javadeveloper
    07-18 10:01 PM
    Here is:

    e-file 765(180 $)
    Send copy of 485 along with printout of receipt
    Wait for FP appointment
    Done(got cards 40 days later)


    I already did it for wife, son and myself.

    Saved about 1500$

    What is the url for e-filing?Pls post here





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  • Blog Feeds
    07-15 03:01 PM
    Foreign nationals who enter the United States with a non-immigrant visa are issued Form I-94 card at the port of entry. Form I-94 is a white piece of paper issued by the Customs and Border Protection (CBP) which shows the Department of Homeland Security (DHS)/CBP a record of your arrival and departure date from the United States. If you returned to your home country with Form I-94 in your passport, then your departure from the United States was not properly recorded. It is vital that you close out your earlier record of arrival to the U.S. Otherwise DHS will have in their records that you remained in the U.S. beyond the time you were authorized to stay.

    If you are now in your home country with Form I-94 (or if you lost Form I-94), then you must validate your departure from the United States with DHS/CBP. The following are ways to validate departure with DHS/CBP:

    · original boarding passes used to depart the United States;
    · departure stamps in your passport indicating entry and exist from the United States;
    · pay check stubs or letter from employer indicating that you worked in another country after you departed the United States;
    · bank records illustrating transactions made showing you were in another country after you left the United States;
    · school records showing attendance at a school outside the U.S. indicating you were in another country after you left the United States;
    · Receipts showing your name and date illustrating you made purchases outside the U.S., after leaving the United States.

    Send the appropriate documentation to the following address ONLY:

    DHS-CBP ACS Inc.
    1084 South Laurel Road
    London, KY 40744 USA

    This is the only location where they will make the necessary changes to the DHS/CBP record. Do not forget to make copies of the materials you mail to DHS!



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/Twrhc4dzyZ4/)





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  • freedom_fighter
    01-14 07:21 PM
    anyidea how long does it take for the actual card to come, after getting the CPO email. I checked my status says, welcome notice sent something.





    kshitijnt
    07-30 08:02 AM
    I do not recommend E3 visa. As non immigrant intent like F1/B1 is required on E3.





    otovarm@hotmail.com
    03-03 01:23 PM
    Well, I am not a fake profile. What happened to us is real. That is what the guy told us. He was basing his decision in the fact that the original company which filed for the LC was no longer in business and that they created a new company. Reality is that they only changed the company's name but they still do the same and have same employees. We believe he didn't want to ask his new partner about signing the I-140 petition. That is our guess.

    Honestly, we disconnected ourselves from the whole thing, we were really depressed that after waiting for 5 years we finally got the LC approved and then we got that response. That is why I am looking for help in the forum, I really disconnected myself from the whole process and was not sure how have things changed since in terms of new immigration policies etc etc.



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