monkeyman
10-21 07:44 PM
You have taken a very risky proposition. The best bet is to talk to the lawyer and let him/her handle the situation. You could receive the RFE on 1 and on account of trying to mislead the USCIS may have some issues and could lead to a murky situation.
My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.
Best bet is to talk to the lawyer.
My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.
Best bet is to talk to the lawyer.
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tonyHK12
12-07 06:13 PM
Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.
Salary for any job depends on lot of factors. How one negotiates is a key factor.
Cool how did he find the job, did he go through a recruiter from here or did he first land there and then search for a job?
Salary for any job depends on lot of factors. How one negotiates is a key factor.
Cool how did he find the job, did he go through a recruiter from here or did he first land there and then search for a job?
HV000
11-17 03:25 PM
Why are we always in an approval seeking mode when it comes to U.S? This still shows that we didn�t come out of our slave mentality ever since independence. We are happy whenever something Indian gets recognized in US. We are also happy to associate ourselves with America and call our film industry as Bollywood, Kollywood, Tollywood etc..
Do Americans give a damn about Halloween celebrations in India? In fact they didn�t even know that an outside world exists until 9/11. They built a strong economy from its grass roots by believing in their self worth, there by becoming the greatest country in this world. America didn�t seek approval from any country throughout its history and this is what one need to learn from this country.
Most of us are here are 2nd and 3rd generation Indians since Independence and for God�s sake let�s stop this weakling attitude right now and not pass this on to our children. Feel good about you and your culture from your heart and don�t let anyone or anything to influence that.
�Show me a man without an ego and I will show you a loser� � Donald Trump - Real Estate billionaire
We could care less about U.S. if we were in India, but we are in the U.S. It's VERY important that they understand us and our plight waiting for green cards.
Do Americans give a damn about Halloween celebrations in India? In fact they didn�t even know that an outside world exists until 9/11. They built a strong economy from its grass roots by believing in their self worth, there by becoming the greatest country in this world. America didn�t seek approval from any country throughout its history and this is what one need to learn from this country.
Most of us are here are 2nd and 3rd generation Indians since Independence and for God�s sake let�s stop this weakling attitude right now and not pass this on to our children. Feel good about you and your culture from your heart and don�t let anyone or anything to influence that.
�Show me a man without an ego and I will show you a loser� � Donald Trump - Real Estate billionaire
We could care less about U.S. if we were in India, but we are in the U.S. It's VERY important that they understand us and our plight waiting for green cards.
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GCNirvana007
10-08 05:48 PM
i sent u PM.
Replied to you.
Replied to you.
more...
nlssubbu
12-06 12:05 PM
My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.
When I traveled using AP for the first time, this is what happened to me. Neither the Airline nor the Immigration Officer retained the originals, when my family members returned back and they had all 3 with them. I think it depends on airline and the immigration officer whether to hold a copy of your AP are not. It is better to be prepared for this.
Thanks
When I traveled using AP for the first time, this is what happened to me. Neither the Airline nor the Immigration Officer retained the originals, when my family members returned back and they had all 3 with them. I think it depends on airline and the immigration officer whether to hold a copy of your AP are not. It is better to be prepared for this.
Thanks
xela
10-10 12:46 PM
If you have a lawyer please ask them, because in my case only the lawyer got the receipt notice.
Now here is what happened to me: filed on July 2nd in Nebraska, receipt notice came from California on Sept 5th, then they forwarded it back to Nebraska and I go the notice of action in the mail (this time I did get it and my lawyer did not), but now my receipt date is Sept. 5th instead of July 2nd.....so don't be surprised if they pull the same thing on you!!!
check online at uscis and make sure your date has already been receipted, then call and call and call....who knows what is getting lost when they move everything around and around!
Good luck!
Now here is what happened to me: filed on July 2nd in Nebraska, receipt notice came from California on Sept 5th, then they forwarded it back to Nebraska and I go the notice of action in the mail (this time I did get it and my lawyer did not), but now my receipt date is Sept. 5th instead of July 2nd.....so don't be surprised if they pull the same thing on you!!!
check online at uscis and make sure your date has already been receipted, then call and call and call....who knows what is getting lost when they move everything around and around!
Good luck!
more...
mugwump
11-25 12:48 PM
that's right. if u switch to F1 now then u will pretty much throw away your GC app. Plus you can only go to school part time on H1 with explicit written permission from the employer (consult lawyer to see if additional paperwork is needed). But you can go full time on EAD.
You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).
And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.
You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).
And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.
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pjalan
04-01 03:08 PM
I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
Can't I myself respond to the RFE?
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
Can't I myself respond to the RFE?
more...
sbdol
07-21 09:51 PM
I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.
The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.
The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.
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desi3933
08-21 11:44 AM
I know people might have answered this before. So, sorry for any redundancy. I have a query. If I travel outside of US on my valid H1B visa and when I am out of US, my 485 gets approved. What happens then? Say, I do not have AP with me. Will I have problems entering the US?
You can enter on H1 on "deferred inspection" status. Google for deferred inspection for more details.
You can enter on H1 on "deferred inspection" status. Google for deferred inspection for more details.
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nk2006
05-29 03:35 PM
Hi,
I am ready to send my EAD/AP renewal forms - not sure where to send is it NSC or TSC. My I485 is currently pending at TSC. All my previous applications have receipt numbers starting with SRC.
My lawyer (actually para-legal) mentioned that she will send them to NSC - I am not sure since she screwed it up once before.
Please let me know if we have to send EAD/AP renewals to same service center where our I-485 is currently pending or it does not matter.
Thanks a lot.
- nk
I am ready to send my EAD/AP renewal forms - not sure where to send is it NSC or TSC. My I485 is currently pending at TSC. All my previous applications have receipt numbers starting with SRC.
My lawyer (actually para-legal) mentioned that she will send them to NSC - I am not sure since she screwed it up once before.
Please let me know if we have to send EAD/AP renewals to same service center where our I-485 is currently pending or it does not matter.
Thanks a lot.
- nk
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InTheMoment
06-29 01:01 AM
Yabadaba,
I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.
See
http://www.immigrationportal.com/showthread.php?t=158111
http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada
http://boards.immigration.com/showthread.php?t=165295
There is a mighty good probabilty that we will get an RFE to
establish proof of inspection of entry into the US
So...start getting together any proofs for that:D that said it is fairly easy to take care RFE
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.
See
http://www.immigrationportal.com/showthread.php?t=158111
http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada
http://boards.immigration.com/showthread.php?t=165295
There is a mighty good probabilty that we will get an RFE to
establish proof of inspection of entry into the US
So...start getting together any proofs for that:D that said it is fairly easy to take care RFE
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
more...
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trueguy
08-09 09:27 AM
^^^^^^^
bump
^^^^^^^
bump
^^^^^^^
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rama0083
03-07 12:41 PM
My wife, who has been with me in the US since 2005, re-entered the US (after a vacation in India) on an H4 visa on JAN-18-2008 but the immigration official at the airport wrongly stamped the entry date as JAN-18-2007? The entry date on the passport is also stamped wrongly as JAN-18-2007. How big a deal is this? The expiry date of the visa is stamped correctly as Nov-2009. I read that the place to get this corrected is the US Customs and Border Protection Deferred Inspection Site where she entered (Chicago):
http://www.customs.ustreas.gov/xp/cgov/toolbox/contacts/deferred_inspection/
But when I called the office I got voice-mail. Is there any other way to get this corrected?
http://www.customs.ustreas.gov/xp/cgov/toolbox/contacts/deferred_inspection/
But when I called the office I got voice-mail. Is there any other way to get this corrected?
more...
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zofa30
09-14 05:04 PM
Thanks a_yaja and thanks for all who helped me in this issue,
Yes I am on EB2+PERM. Thanks for the explanation. I now understand the situation.
I have a couple of questions that will help me to figure out what to do:
1-When legally I can start applying for new EB2+PERM with the new employer? Can I start right away from day one or I should work for the new employer for a certain period?
2-What is the best way to have a safe H1B transfer? In other words should I ask my new employer to transfer H1B then resign from the current job once I received the new H1B or how it should be? Please advice.
Thanks.
Yes I am on EB2+PERM. Thanks for the explanation. I now understand the situation.
I have a couple of questions that will help me to figure out what to do:
1-When legally I can start applying for new EB2+PERM with the new employer? Can I start right away from day one or I should work for the new employer for a certain period?
2-What is the best way to have a safe H1B transfer? In other words should I ask my new employer to transfer H1B then resign from the current job once I received the new H1B or how it should be? Please advice.
Thanks.
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DareYouFireMe
03-09 03:03 PM
My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
more...
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sidbee
06-10 01:47 PM
Sidbee,
thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.
I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.
Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).
You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.
I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.
J thomas
You took me wrong.
I meant , that if i was illegaL (laid of for 5 months) , i would just leave without making noises.
I was giving my point of view.
And yes if i was laid off today , i would fight to get my return tickets. But if i choose to be illegal for 5 months, than i wont.
I have full sympathy, with whoever gets laid of on H1B, But thats the law, and i know it , and still i prefer to work on H1B.
thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.
I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.
Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).
You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.
I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.
J thomas
You took me wrong.
I meant , that if i was illegaL (laid of for 5 months) , i would just leave without making noises.
I was giving my point of view.
And yes if i was laid off today , i would fight to get my return tickets. But if i choose to be illegal for 5 months, than i wont.
I have full sympathy, with whoever gets laid of on H1B, But thats the law, and i know it , and still i prefer to work on H1B.
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singhsa3
09-05 12:21 PM
No, it is not too late but JUST IN TIME.
After this hearing, first set of votes will be taken to decide if this bill should be made debatable or not. It just requires simple majority.
Then, the real thing begins. Debate , amendments and the final voting followed by reconcillation between the two houses.
Even if the bill pass "as it is" we will be in MUCH BETTER POSITION " then what we are in today.
After all, the effective green cards are increased to 725K per year , along with recapture provisions and exemption for people with certain master degree.
From http://www.immigration-law.com/Canada.html
List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow
The list:
Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
Congressman Joe Beca, D-CA
Congressman Ray Lahood, R-CA
Congessman Brian Bilbray, R-CA
Tony Wasilewsi, Small Business Owner, Schiller Park, IL
Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
Rev. Luis Cortes, Jr., President Esperanza USA
Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL
The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.
After this hearing, first set of votes will be taken to decide if this bill should be made debatable or not. It just requires simple majority.
Then, the real thing begins. Debate , amendments and the final voting followed by reconcillation between the two houses.
Even if the bill pass "as it is" we will be in MUCH BETTER POSITION " then what we are in today.
After all, the effective green cards are increased to 725K per year , along with recapture provisions and exemption for people with certain master degree.
From http://www.immigration-law.com/Canada.html
List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow
The list:
Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
Congressman Joe Beca, D-CA
Congressman Ray Lahood, R-CA
Congessman Brian Bilbray, R-CA
Tony Wasilewsi, Small Business Owner, Schiller Park, IL
Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
Rev. Luis Cortes, Jr., President Esperanza USA
Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL
The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.
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shirish
08-15 03:16 PM
One of my friend wa sin a similer situation, he received RFE though. He had indications of TB in his child hood, so the doc had done the x-ray directly, no TB test for him. He got an RFE in june. He replied with the TB test and he got his GC in july (around end of july)
a_yaja
01-21 08:45 AM
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
Visiting your parents is a humanitarian reason. Anyways, as vin13 mentioned, they will usually not ask any questions. My wife and I came back from Jamaica after a vacation in Dec. 2008 and no one asked us any questions.
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
Visiting your parents is a humanitarian reason. Anyways, as vin13 mentioned, they will usually not ask any questions. My wife and I came back from Jamaica after a vacation in Dec. 2008 and no one asked us any questions.
black_logs
06-09 10:22 AM
Uptill 2001/2002 H1B transfer/extensions used to take 15 days to 1 month. Now they take anywhere between 4-8 months. You'll see once the premium I-140 comes into being. The regular I-140 will take forever. Premium processings have implications on regular processing. Basically they are discouraging people to file in regular queue.
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