Tuesday, June 7, 2011

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  • techysingh
    01-15 10:17 AM
    You do need your AP and you would atleast copy (original is better) for your I140 approval and I485 receipt, I would have used DHL/FEDEX overnight or fastest service to make sure it is not lost. It is more money but best chance of not getting lost in transit.

    Here is my story. I am writing it for the benefit of all IV people in similar situation.

    I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.

    Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.

    I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008

    Now this scenario had a few gochas in it

    If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.

    In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.

    This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.

    Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
    All the best




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  • kaisersose
    07-19 10:48 AM
    USCIS local offices no longer issues interim EADs. Go to immigration.com and and bring up July/August 2006 newsletter.

    You can schedule infopass & meet a local officer after 90 days. But he will only forward you request to the main center and ask them to either process your case quickly or issue an interim EAD.

    But since the main center will be badly backlogged from now on, I wonder how they can even process interim EADs? If they can do it, they may as well do regular EADs?

    I recall reading somewhere that with the new scheme, EADs were guranteed to be issued within 90 days and so no interim EADs were produced. But this 90 day limit will change in the next few weeks.




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  • logiclife
    07-23 11:11 AM
    I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:

    Would my transfer affect my 485 processing. If yes, is there a solution?


    GUYS: Do not advise if you dont know AC21 portability for sure.

    To CanadianIndian:

    No. Nothing will be impacted. You can move to a new location.

    During the first 180 days:
    You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.

    After 180 days of filing:
    You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.

    If you 485 is approved in less than 180 days:
    This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.




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  • anilsal
    07-18 01:28 AM
    We all should organize and fight for Recapturing the VISA numbers and also for SKIL bill

    Karthik

    Good points. These are burning issues for IV. In the meantime, could you please update your signature with your monetary contributions such that newcomers are motivated? ;)



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  • gcdreamer05
    10-22 06:59 PM
    I think this is what is happening in your cases,

    If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.

    If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).

    Always better to paper file.




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  • InTheMoment
    06-15 10:07 AM
    Use the one with the 08 expiry date. This is what I did and prefilled it before I gave it the doc. Point out the OMB expiry date to him incase he is making trouble!



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  • indyanguy
    07-16 03:50 PM
    Is the Senior App Dev position with a different company? If so, if you want to use AC21 to switch to this new company, you will need to have a job which is "same or similar". AFAIK, you will need to have a "Programmer Analyst" position in the new co.




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  • gbadrain
    08-10 03:34 AM
    I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
    In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
    Please advise me urgently on this matter
    :(



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  • milind70
    11-06 11:29 PM
    If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?

    Thanks!
    I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
    not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
    The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.




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  • godspeed
    01-26 12:10 PM
    I moved to a different state with pending 485, however i paper filed AR-11.
    My 485 apps had soft luds within couple of days.
    Filed for ead and ap renewal from new address and got it at new address, i havent faced any issues with change of address.


    I am planning to move to different residence. My 485 application is currently pending.
    Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.

    Any thoughts much appreciated.



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  • sanju_dba
    12-21 12:36 PM
    Hi,

    In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?

    Regards,
    My understanding is you can setup business even with your H1 status, and has no dependency on 485.




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  • prdgl
    02-13 10:05 PM
    Thanks a lot. This is more in depth and I am not understood how these things work.

    So if I have MS+ 0 then I think I have to post my ad for JobZone 5. In that case, my SVP will be 7 because MS = 4 yrs and 0 expr = nothing. So i will not exceed SVP 7.

    So is the combination,

    JobZone 5 with an SVP 7 will work for MS+0.


    Also for a software developer or related work, i don't see JobZone5. What kind of positions suit for JobZone 5 in software developers world ?

    Anybody know about these things ? please drop in your thoughts


    Thanks



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  • bitzbytz
    07-13 02:55 PM
    i do agree. can we leave this over here.....i will refrain from unncessary posts in future...




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  • priderock
    05-31 03:52 PM
    Looks great. So how does it go with this amendment? Has it been ordered to lie on the table or sit up straight in a chair?
    From the status message it is referred to judiciary committee. So I guess, it is not killed yet.



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  • Milind123
    01-25 09:19 AM
    Hello everyone,
    I went online to check the status of my I-485 and it displayed me the following message

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.

    On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.


    What does it mean? Does it mean that I-485 is approved.

    Pls guide.

    Kapil

    I have exactly the same message with a date of Dec 7th. However, I did not receive any kind of document from them and neither did my looyer. (BTW whenever I want to speak to her she is always away from her desk, spending the beter part of her day in the restroom, I assume).




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  • indyanguy
    06-15 07:31 PM
    Are 2 affidavits from parents sufficient if the birth certificate does not have a name on it?

    Please advise!!



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  • narendra_modi
    03-04 10:07 PM
    i smoke GANZA..pl. mind your business..
    Bidi, I guess.




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  • gcnirvana
    04-05 06:54 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3169.html

    Its up but not running (I meant the numbers) :D




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  • prince_waiting
    04-11 02:39 PM
    Following conditions doesnt warrant a transit visa for Indian citizens:

    *you don,t need a transit visa if you have one of the following * *US* * residence permits:*

    * I-551 Permanent Resident Card (2 or 10 years validity)/ I-551
    Alien Registration Receipt Card (2 or 10 years or unlimited validity)
    * I-327 Reentry Document (2 years validity, issued to I-551 holders)
    * Resident Alien Card (2 or 10 years validity, only sufficient if
    the stay abroad does not exceed 1 year)
    * Permit to Reenter (2 years validity, only sufficient if the stay
    abroad does not exceed 2 years)
    * Valid Temporary Residence Stamp (1 year validity)
    * A valid visa or resident permit for the U.S
    * Advance parole
    * Approval notice




    techbuyer77
    06-12 05:11 PM
    I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them




    bugmenot
    12-05 02:48 PM
    i think neither will increase, the economy is belly up

    though i feel lots of h1bs will go unused coz of lack of jobs to fill em up

    2010 is when maybe this might happen



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