Thursday, June 9, 2011

echoes of eternity

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  • thomachan72
    09-14 06:30 AM
    You cannot work with an expired EAD. End of the story.

    But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.

    so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?





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  • Almond
    07-18 09:52 AM
    My labor is also pending with the Dallas BEC. My priority date is Nov 2001, non-RIR. The online system still shows that my case is in process.
    Sick and tired of waiting ...

    I think poster bestia mentioned yesterday that you can somehow speed up the process if you pay a certain amount for faster processing? That's another thing I want to look into for my friend. May I ask you how you check the status of that online? I think she sent in the original application but she never got anything back so she doesn't have a case number or anything. Thanks!





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  • Gator
    04-28 09:04 PM
    Hi-

    My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.

    In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.

    I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?

    Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.

    I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.

    Thanks





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  • pd_recapturing
    08-15 07:59 PM
    I do not think so. I have contacted Congressman but I doubt my lawyer pr employer will ever know about it. But on separate note, whats the issue if employer/lawyer get to know about it ?



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  • visaspirant
    10-21 11:50 PM
    Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
    Thanks so much Elaine!
    I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?

    Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?

    I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.





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  • rajuram
    04-23 09:16 PM
    Extensions are not allowed. But.... you can always enter Canada before the final date and then come back to the USA to finish your tasks. I have heard that you have to apply for the Canadian equivalent of the GC once you get there, which gets mailed out few days later, so if you have some one there it would be helpful. Also must have a visa to return back to the US.



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  • masterfender
    04-27 09:28 PM
    receiving RFE during 485 stage has become more of a common thing. Dont worry about it. Once you get the letter, prepare a response with the right evidence with the help of the attorney, and you should be fine.

    Thank you very much. I'm just too nervous about this. I want to get it over with this. Thank you for your positive supports.





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  • WeldonSprings
    05-18 06:51 PM
    This lawsuit is about the 140000 visas been given out each year and in years 2008 and 2009.

    There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.

    This lawsuit is to bring justice to the last three years of absolute anarchy.

    This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.

    I think Indian EB3 will join shortly.

    Guys,

    This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!

    Pappu sir,

    Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.



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  • cdeneo
    04-03 02:48 PM
    Anyone who applied and got a canadian tourist visa based on AP please share their experience ... Thanks!





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  • gc_chahiye
    10-26 03:43 PM
    My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.

    Is this true?

    Thanks,

    PD Feb 2004 - EB3 - India
    I140 Approved - May 2007
    EAD Approved - Oct 3
    EAD recd Oct 10
    H1B Status Valid - 2010.

    I had the same concerns on reading the instructions on the I-131 pplication form for the AP.

    On page 2:

    "Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."

    And later on page 4 section III B 1 they go on to say:

    You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons


    However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.



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  • rocky17105
    07-27 11:28 PM
    Hi All!

    Appreciate if you have any suggestion for my case:

    My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.

    USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.

    My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.

    I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.

    Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.

    Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.

    EB2 PD Date: Dec 2005.
    I-140 denied: 10 Dec 2009
    I-140 appealed: 05 Jan 2010
    I-140 sent to AAO: Feb 25 2010
    I-485 Denied: 31 Dec 2009
    I-485 appeal: none

    Appreciate your help and if you can point me in right direction.

    Thanks,
    Rocky





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  • malibuguy007
    10-01 08:57 PM
    Come on everyone, I know ;) you have not spent it all just yet - it is still the 1st of the month. Loosen those purse strings a little and contribute to the community which is always there to help you when you have questions and need suggestions.



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  • raydhan
    11-09 09:04 AM
    Sincere request to all the retrogression victims from the great State of Oklahoma.

    Please post your willingness or send me a PM if you are interested in working for IV's cause.

    Lets go guys!!!
    Make some noise. The timing has never been better.





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  • puddonhead
    07-24 04:44 PM
    Hey, what is the cash back rate? 1%, 2%? Is there any limit?

    Platinum amex, for first 2 years of membership, gives me 3 thankyou points per $ spent (5 for bonus categories of gas, supermarket and drugstore). Premierpass I think is 1 and 3 (not sure).

    I think there is an annual limit per year - never needed to worry about it.

    You should be able to find the details at citibank.com.

    I personally use Platinum amex as my primary card and premierpass elite as the secondary for places where American Express is not accepted. I've already got > $1400 in GCs and other stuff from thankyou network between myself and my wife. This $1400 includes the $500 from airline bonus points for my india trip.



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  • Shivani
    02-23 10:54 AM
    Hello Sir,

    I'm in H1B visa, so also my husband.

    In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:

    - transfer my status from H1 to H4? have all pay stubs in tact.
    - return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
    - visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?

    Please let me have your views on this. Highly appreciate a speedy response.

    Thank you in advance,

    Shivani:confused:





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  • virtual55
    05-16 12:57 PM
    I am seeing currently 700 members actively using IV website right now, but I don't think all of them have signed up for monthly contribution, Guys please contribute and help yourself



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  • indyanguy
    06-29 07:28 PM
    Thanks for the reply. Here's why it becomes more complicated. I asked my attorney about starting a new EB2 process (I have a MS from US). However, the attorney says he doesn't recommend starting a new PERM process as he strongly believes that this will affect the current EB3 I-140 application. He feels that USCIS will look at the ongoing EB3 application and deem it unnecessary to approve it (as I would have applied for a different position for EB2). Hence I might lose my PD !!

    He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!

    Any suggestions?





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  • alseethis
    08-09 11:24 AM
    Let the guy ask. I see a couple of times somebody asking a question, and instead of answering people ask to search at the forum first....
    why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.





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  • pappu
    01-24 04:29 PM
    Is your lawyer your lawyer or company's lawyer?

    You must consult a lawyer who has lot of experience with AC21, EAD/H1 issues.





    GCWhru
    03-26 02:10 PM
    Do you have any source on this....I also had to amend my H1B last month. Its done without any issues..

    My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.

    But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.





    smc
    08-01 06:22 PM
    This guy has a new immigration bill on the anvil; may be worth asking him what he has in store for EB immigrants.

    SPECTER TO TOUR PENNSYLVANIA IN AUGUST
    Will Hold Open House Town Meetings throughout the Commonwealth

    Washington, D.C. - U.S. Senator Arlen Specter, the longest-serving senator from Pennsylvania, will visit all regions of Pennsylvania during the U.S. Senate�s August recess. His visits will include Open House Town Meetings in which constituents are invited to discuss issues important to the region, the state, and the nation. Senator Specter will address the audience briefly and devote the remainder of the hour to responding to residents� questions and concerns.

    Members of the media are invited to attend the events listed below, including the open house town meetings. Following the events, Senator Specter will be available to field questions from the media on a variety of topics.

    Below is list of the Senator�s public August events:

    DATE/TIME EVENT/LOCATION
    Monday, Aug. 6
    9:00 am Address the County Commissioners Association of Pennsylvania
    York Expo Center, York

    10:15 am Open House Town Meeting
    Gettysburg College, Gettysburg

    2:15 pm Open House Town Meeting
    Wilson College, Chambersburg

    5:55 pm Huntingdon County Fair
    Fairgrounds Access Road, Huntingdon

    Tuesday, Aug. 7
    7:30 am Breakfast with Rotary, Kiwanis, and Chamber of Commerce
    Lewistown Community Center, Lewistown

    9:45 am Open House Town Meeting
    Susquehanna University, Selingsgrove

    1:30 pm Receive award from Geisinger Health Systems
    Geisinger Medical Center, Danville

    3:20 pm Open House Town Meeting
    Lock Haven University, Lock Haven

    Wednesday, Aug. 8
    8:00 am Open House Town Meeting
    Courtyard Family Restaurant, Smethport

    10:30 am Open House Town Meeting
    Antlers Inn, Gaines

    1:30 pm Open House Town Meeting
    FWM Volunteer Fire Company, Mehoopany

    3:45 pm Open House Town Meeting
    Wayne County Courthouse, Honesdale

    Thursday, Aug. 9
    8:30 am Open House Town Meeting
    Monroe County Administration Bldg., Stroudsburg

    10:30 am Open House Town Meeting
    Forks Township Community Center, Easton

    Monday, Aug. 13
    11:15 am Open House Town Meeting
    The Harmony Museum, Harmony

    3:00 pm Open House Town Meeting
    Thiel College, Greenville

    Tuesday, Aug. 14
    8:00 am Eggs and Issues with Manufacturers� Assoc. of NW PA
    2171 W. 38th St., Erie

    11:00 am Open House Town Meeting
    U. of Pittsburgh � Titusville Campus, Titusville

    3:20 pm Open House Town Meeting
    New Bethlehem Fire Hall, New Bethlehem

    Wednesday, Aug. 15
    8:30 am Open House Town Meeting
    Indiana University of Pennsylvania, Indiana

    11:40 am Ag Progress Days
    Rockspring

    2:00 pm Open House Town Meeting
    Devorris Downtown Center, Altoona

    3:45 pm Open House Town Meeting
    St. Francis University, Loretto

    Thursday, Aug. 16

    11:00 am Open House Town Meeting
    Seton Hill University, Greensburg

    2:15 pm Open House Town Meeting
    California University, California



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