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  • sanju_dba
    07-22 05:33 PM
    As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).

    How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
    Am i missing something?
    Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf





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  • raysaikat
    07-29 08:32 PM
    Hi there, First of all thanks for all active participants you are doing a great service.

    One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.

    1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
    2. Now both are still in India and its been approximately 1 year 10 months ( didn�t fine any extensions or anything like that).
    3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.

    Your responses would be much appreciated. Once again thanks for all your help.

    They need reentry permit. This page may be helpful:

    http://www.hooyou.com/i-485/MaintainlegalPRS.html





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  • anu_t
    06-17 05:36 PM
    I think after 180 Days you should be ok.
    The problem is 12 years experience might not make you eligible for EB2. But The job requirement should fulfil EB2 requirement.





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  • whitecollarslave
    02-12 12:28 AM
    As valid an argument it may be, buying a house as a bargaining tactic will create a lot of bad publicity and would be counter-productive. I think if we want to do gandhigiri, lets send flowers to Senator Grassley. If you want to make an impact, do the unusual.

    Imagine how media will report something like that. Even when Grassley is dead against EB people, those very same people are sending flowers to him, not asking for anything, not demanding anything, just respectfully reminding him that not all immigrants are bad, some are really instrumental to making this country great.

    We should write a simple, short, positive, and respectful message without sarcasm and without asking for anything. Instead of saying how we can be helpful *if* we have a green card, lets just focus on how we are already a positive contribution to American economy and national interest despite the clouds of uncertainty. Some things are better left unsaid to get the message across. Instead of us saying it, let the media report it - imagine how much more their contribution could be if they had green card.

    Here are some suggestions for short messages -

    I am a physician with NIW working in town/area which is medically under served. I am not taking away any American jobs.

    I am foreign but not cheap. I earn xxx. My income is x% above average wage in my profession; x% above the higher end of prevailing wage standards set by DOL. In addition, my employer is paying 10-20K in immigration costs, some of which goes to train more Americans in STEM.

    I am doing research in some field of humanitarian or national interest. e.g. bio medicine, green technologies, etc.



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  • eb3retro
    08-21 01:15 PM
    1) Are there any issues traveling on AP under the following circumstances??
    - there's no current H1 stamp, although H1 extension for 3 years has been approved
    - AP is expiring within 2-3 days of planned return?
    - New AP is filed/pending, Receipt Notice received
    - Employer is a Fortune 500

    2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??

    3) Docs I need to carry, besides... :
    - H1 Approval notices?? (All of them since day 1?)
    - I-485 Receipt Notice
    - I-140 Approval Notice (do i need this?)
    - Current AP Approval Notice
    - Pending AP Receipt Notice
    - Paystub??
    - Letter from employer??? (do I need this?)



    hi jazzbythebay,

    i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...





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  • sagar_nyc
    04-02 05:17 PM
    yes , I 140 they will ask details about employer only

    Hi Chapsi29,

    Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.

    RK



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  • thatwillbeit
    06-06 03:38 PM
    Thanks for your reply wandmaker


    akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form

    I-131 Application Supporting documents

    Copy of I-485 receipt Notice
    Copy of I-140 Receipt/Approval Notice
    Copy of Prior Advanced Parole Document (AP)
    Copy of Biographic Page of Passport
    Copy of Drivers' License
    2 Passport size Photos
    Check for $305 in favor of DHS





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  • whitecollarslave
    01-25 10:48 PM
    The Senate and the house may be passing the tax refund bill soon (due to slowing economy). There is lot of pressure on the government to act soon.

    Can we get them to attach atleast one of our provisions with these bills - the most important and non controversial being recapture of unused visa numbers.

    Just a suggestion................I know there is no dearth of suggestions.

    We should definitely try (in addition to writing letters).

    Can we get some more information about this bill? Who are the key players supporting/pushing it, who/how do we contact to try and push some of these reforms?



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  • godbless
    05-31 07:46 PM
    I'm surprised that with a November 2001 PD that you are getting an interview already, since EB-3 is still retrogressed--EB3 world is only at July 1 2001 for June 2006

    The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.

    Cheers!!!!!!





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  • svn
    05-10 04:39 PM
    Does anyone know what is the official term for your legal status if you are on EAD and no longer on H-1? I am trying to fill up an online form for opening an IRA and it asks whether I am
    a) Citizen of US or Permanent Resident or
    b) Citizen of Another Country and specifically, under what status (but only lists B, H, etc as valid visas - there is not EAD visa category!)

    Of course, I am not a Permanent Resident yet but I don't believe I qualify under H visa anymore either since my H1 is not valid any longer.

    Thanks for you help.



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  • DareYouFireMe
    02-11 08:12 PM
    I think you should reach out to the new employer, involve his legal team. EMPLOYER DO NOT LET EMPLOYEES OUT OF STATUS. Not good for them either. you still have time. Also, obtain I-140 /LC docs from past employer. if he is not willing to share then reach out to the freedom of information website. Even though your employer has withdrawn application, as per my lawyer you can use your PD.





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  • allen_1974
    01-23 01:39 AM
    Please get a project first. Now a days Consulate is asking for client information. Unless untill India visit is a must. Its not advisable to come here without any concrete information in US regarding client and all.

    Risk is 100%. So you can understand the situation. As long as you are in states the ball is in court. Think twice before taking this kind of step.

    Best wishes



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  • coopheal
    12-07 08:56 AM
    My lawyer mentioned that we have to be in same or similar position at the time filing I-1485 and when its being adjudicated. After filing and before adjudicating we can be in any other position.

    Is this correct?





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  • marwan234
    10-09 09:04 PM
    not yet.



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  • Munna Bhai
    01-30 09:33 AM
    Hi,

    -I got my I140 approved in MAY 2006.
    -I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
    - I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.

    -On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
    -My employer responded to USCIS letter with required documents.
    -We are waiting for USCIS decision.

    In this situation
    1.Will my H1B also be revoked if I140 is revoked?

    2. Can I transfer my H1B to another employer. How much time do I have?

    3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.

    Any other suggestions , help that you can do. Please advise?

    Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.

    Answer:Yes, you can transfer, do it as soon as you can.

    Answer:Yes, start new PERM+I-140 and get extension for 3 years.





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  • tempgc
    07-06 11:29 AM
    Are you aware of July 2nd visa bulletin fiasco. It affected atleast 5-7 00 000 foreign workers each getting a loss of 3-4 000 dollars. DOS and USCIS played a bad game.
    Can you http://www.nytimes.com/2007/07/06/us/06visa.html investigate and give us more details
    Thanks



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  • roseball
    11-26 05:28 PM
    Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!

    Gurus please give your thoughts.

    Anil

    As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....





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  • Karthikthiru
    10-11 12:40 PM
    You said Master's is the requirement. But When did you file your labor?


    Karthik





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  • ak_2006
    10-19 03:52 PM
    I will donate same amount i.e. $250 when I get GC.





    inskrish
    01-30 09:33 AM
    I checked online for my daughter's 485 and it shows approved and document(possibly GC):eek: mailed on 12 Jan. But my status shows RFE stage. Another interesting thing is my daughter got fingerprinting for Jan 15. She has already done fingerprinting with us in Dec 07. Even if it was to be approved for my daughter how it can happen that she goes for FP on 15 Jan and they mailed document. I dont know what is going on. Any suggestions?

    Hello,

    What is your daughter's online case status for I-485?





    gc_maine2
    05-15 11:44 AM
    Good JOb Learning01 for your efforts, and Thanks Ras4u for posting it..

    Bloomberg story at International Herald Tribune: U.S. firms press Congress to open door to technology workers (Link (http://www.iht.com/articles/2006/05/14/bloomberg/bximmigrate.php))



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