събота, 18 юни 2011 г.

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  • I-485 approval
    08-21 01:02 PM
    The entire process took around 1 and half year.




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  • LostInGCProcess
    11-10 11:47 AM
    Dear Friends/Experts,
    - I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
    - My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
    - The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:

    I will appreciate your quick response.

    Thanks, :confused::confused:
    Please clarify: First H1 was from Dec 2007 and second H1 is from June 2007??? I hope it was a typo.

    Ans1) You do not need to get get a *NEW* H1B visa stamped at a consulate abroad. At the POE you have to show the latest H1B to the IO who would issue the I94 based on the exp date on the new H1.

    Ans2) Again same answer. You don't need to get a new visa stamped every time you change a company and would travel abroad. You need to get the visa stamped, only if it is expiring within 6 months.

    Enjoy your trip and congratulation on your engagement!!




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  • ras
    05-23 10:29 AM
    Is EAD to H1 a complicated process? If so what could be the reasons.

    I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.




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  • jcrajput
    06-09 01:55 PM
    Thank you all for responding.

    I am still not able to figure about while entering US, how they know that you have AP? Do they have any way to find out that you have applied for AP? If not, then once you have H1B stamp in your passport, it should be smooth entry...

    I am not local to Mumbai and I hate to go to the visa stamp as they always treat us bad..
    Also, My H1B expires Jun 2010. Can I extend H1B if I enter in US using AP without having H1B stamp in passport?

    I appriciate all for your help.
    Thank you



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  • mmanurker
    06-06 10:15 AM
    Contributed $100...
    Transaction ID: 0LE04357M8091673D




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  • god_bless_you
    04-06 12:44 PM
    As far i know you should have a valid H1 status or approved EAD to work and keep your status as valid.

    Once you start working on EAD there may be gaps with next EAD approval.
    Simply you will not claim working during that period but this is possible only after you start working on your first EAD.

    simply if you do not have a valid H1 until you get EAD and claim working on EAD with your Employer by filling W4 forms etc. you will be out of status..

    Please check with a attorney on this!!



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  • masterji
    08-20 11:38 PM
    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?




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  • ameryki
    06-22 02:58 PM
    Instead of entering (c)(09) on the EAD renewal form, I entered (c)(0)(9). Friends please let me know if this is going to cause any issue for my EAD application?

    dont think this should be an issue mate...wait and watch



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  • raj2007
    06-20 01:28 PM
    I was working for company A as a Title X through H1 B visa
    And company A filed my GC sponsorship petition with title Y and I-140 cleared.
    I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)

    But Company A revoked my EB based sponsored petition.
    Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y

    Please clarify


    You have no legal right. Employer can sponser and revoke the petition.




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  • gusmig
    04-26 11:19 AM
    Dear Sabeesh,

    Although I'm not a lawyer, I will respond based on my knowledge and my own case.

    1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.

    2) You will only be able to enter the US with the latest visa stamped on your passport.

    3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.

    Regards.



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  • meridiani.planum
    06-17 09:38 PM
    Thanks to every one for considering my message and answering to the questions.

    Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.

    Regards,
    swashbuckler

    See here:
    EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/greencard/eb2-green-card/eb-2-advanced-degrees-experience)

    specifically:

    3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement


    so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.

    Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):

    i-140 denial : India 3 yrs Bachelor + 2 yr Master (http://www.immigration-information.com/forums/i-140-petitions/10141-i-140-denial-india-3-yrs-bachelor-2-yr-master.html)

    I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)

    Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.

    You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)

    Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.

    Depends on your appetite for risk...




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  • neerajkandhari
    06-04 07:47 AM
    CIS should not have asked for an Affidavit of Support, but the other documents are normal. It is not unheard of for employment-based I-485 applicants to be interviewed, but usually they are not called if the priority date is not current. CIS might have confused your case with a family matter. However, you should attend the interview, and send all documents they request except the I-864. You can explain that an Aff. of Support should not be required in an EB case.

    I have recently left my job I have another job offer with the same position and same and higher salary can they pay me via 1099
    I had my wife start a business can i work in the same position in her business with same or higher salary can i do 1099 instead of W2

    please Advice



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  • aj_jadeja
    02-08 12:11 PM
    Also as I understand AMSTREDAM does not require transit visa? is it true?

    TRUE




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  • chanduv23
    05-19 03:46 PM
    Thank you Chandu for the reply. You are right about the info pass. Yesterday I took the info pass. I thought it would be very helpful because I can talk to IO face to face and explain my situation in detail. One thing I would appreciate about IO is she was very patient and she tried to understand my case fully. But at last she said she cannot help me. She said the only option I have left is just to wait to hear from AAO. She said her daily job is to give the latest status of the cases, giving immigration forms and help people if they have any doubts.
    I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?
    Thanks
    Raj

    Well, I am not sure about it. I have been told that one cannot renew EAD AP if 485 is in denied status. As you got it from the horse mouth, you may try doing it.

    Approach your local congressman's office and tell them about your appeal and see if they can help



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  • freddyCR
    July 27th, 2005, 05:24 PM
    I never clone imperfections on flowers...I do on faces , though. :)




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  • zofa30
    09-14 11:18 AM
    I just updated the info I am aware of.

    Please consider the following:
    Just to remind you I am on EB2+PERM.
    I decided to leave my current employer within 2 months so I thought about applying for I-140 premium processing to get it approved before leaving and hence be able to port my PD to the new GC application (new EB2+PERM) with the new employer. Is it worth doing that? In other words, do I gain any time saving when I start the new GC application (EB2+PERM) by porting my PD as I will have to pay the fees twice (lawyers + applications). Please note that I am from EB2 worldwide(not China, India, Mexico, or Philippines) so I expect that the PD will be always current so there will be no time saving from porting my PD? I'd like to know your opinion.
    Thanks



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  • abhijitp
    07-18 07:39 PM
    Thanks for the replies !! I have everything ready as I was planning for concurrent filing. But since the decision was changed on July 2nd, my attorney just filed I 140.

    sure, I would sign up for the contribution.

    I thought you applied under the "Labor Certification" system not PERM. If you did PERM (only then can you file concurrently), nothing stops you from filing for AOS rightaway, so go for it!




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  • anilsal
    09-14 10:52 PM
    When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.

    Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.

    How does it work? Will the officer just stamp the AP and make a copy?




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  • trueguy
    07-17 11:06 AM
    Admin should have closed this thread by now.

    Thanks.




    prioritydate
    08-14 12:26 PM
    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.




    kate123
    06-17 01:06 PM
    It is not illegal to sell applications. It is illegal to work without authorization. Please note the semantics and the technicality.

    If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.

    In short ... go ahead and do it. As sac-r-ten says go ahead and live your dream .. develop your apps, create wealth and dont worry about stupid man-made rules to encumber people ... :-)

    PS : Please recommend a good objective - C / Cocoa book for Mac/iPhone programming..

    It is illegal to derive income by selling iphone apps.
    For F1 students, any off campus employment must be related to their area of study and must be authorized by your school's designated official...

    see: USCIS - Students and Employment (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60a RCRD)

    Again, you are not supposed to derive any income by selling iphone apps.

    Disclaimer: I am not a lawyer. Please do not take this as a legal advice.



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