Tuesday, June 14, 2011

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  • techbuyer77
    06-20 03:18 PM
    if they revoke the petition after 180 days that you filed i-485 nothing will happen you can invoke ac21, if before you can not





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  • indiancitizen77
    09-27 09:00 PM
    My lawyer had also said the same thing. You can get an extension of H based on your husbands approved I140.
    Njdude26, Was the H extension your attorney mentioned for H4 or H1. Did the attorney elaborate any precedents for H1 extensions based on an approved I-140? Thanks





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  • desi3933
    06-30 01:50 PM
    Lot of incorrect info on this thread.

    Please allow me some points on H-1B here
    1. There is no requirement that H-1B has to be full time job. One can have one H-1B for 10 hour job. Please do not confuse H-1B job with GC job. GC job has to be full time and permanent, not H-1B job.
    2. One can have more than 1 H-1B active same time, called concurrent H-1B.
    3. Concurrent H-1B is cap exempt as person is already on H-1B status.
    4. Both H-1B can be for full time hours (i.e. 80 hours per week or more)
    5. Both H-1B can be part time jobs and of course, it can be for 1 full time and 1 part time job.
    6. Each H-1B is regulated by its corresponding LCA.


    _____________________
    Not a legal advice.
    US citizen of Indian origin





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  • loudoggs
    08-27 05:46 PM
    Email VFS with your question. Everytime I have emailed them, they have replied back within 24 hrs.

    Just curious, why do you want to use the special category? Book your appointment through the normal procedure as there a lot of dates available.

    I just booked my dates online some 2-3 weeks back and after filling in all the forms they automatically put a note on the DS156 form that said "Visa Renewal". I already have a H-1 and am going to get my 2nd H-1 stamped.

    Hope this helps.

    VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
    The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.

    Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.

    The below is the visa renewal criteria as defined on the website:
    Visa renewal appointments are available to visa applicants who:
    have a U.S. visa that has expired less than 12 months ago.
    wish to apply for the same category visa (work, business, tourist, etc.)
    are Indian nationals (hold Indian passports)
    are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).

    The following applicants do NOT qualify for appointments in the visa renewal category:
    Applicants who have never had a US visa.
    Applicants who have a U.S. visa that expired more than 12 months ago.
    Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
    Non Indian passport holders
    Applicants applying at the U.S. Consulate in Kolkata.
    First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
    Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
    Applicants applying for entertainment/performance visas(P3 category).
    Applicants applying for unskilled worker visas (H2b category).

    All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
    Current, valid passport
    Passports containing previously issued U.S. visas
    As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)



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  • vjkypally
    06-02 01:14 PM
    It was just for me, primary applicant. They asked for my status from 1999 to 2004 including my I-20, 797's etc and also I-94 and EVLDid u receive rfe for both applications are just the prime application (assuming you).





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  • serg
    10-31 11:21 AM
    ...If USCIS takes more than 3 months to renew your EAD, you could visit the nearest USCIS field office and request for an interim EAD after you have accrued 90 days of filing EAD renewal....

    Didn't they stopped issuing interim EADs half an year ago?



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  • WeShallOvercome
    08-01 05:23 PM
    Bump!!


    Old filing fee and form if filed by 8/17
    No negative side other than a few days delay for them to match it up against your I-485





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  • greencard_fever
    09-03 10:25 PM
    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

    Well Said..we can help USCIS (Volunteer) to process our Application on time:D:D:D:D



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  • mjadala
    08-20 09:11 PM
    I support this





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  • kalinga_sena
    09-01 05:43 PM
    Here you go:

    U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/)



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  • bigboy007
    10-30 07:08 PM
    yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?





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  • ebizash
    09-30 12:00 PM
    Ken,

    The reason that the USPS is not showing your documents delivered could be many. One of the biggest reasons that I have experienced is "unable to scan the bar code". This is more probable if you had printed the mailing label and affixed it on the envelope with a tape. Sometimes the tape can overlap the bar code making the bar code difficult to be scanned. I frequently use USPS priority mail and in about 10% of the cases this happens. But I never had a lost priority mail piece.

    Additionally the fact that you had a soft LUD on 9/28, I would think that LUD was for the reason that USCIS received the documents. I had applied AP online on the same date as you did, sent docs via priority mail the next day. USPS showed that the documents delivered on 9/25 and had soft LUDs on 9/25 and 9/28.

    Hope this helps!



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  • njboy
    07-26 10:38 AM
    pappu, the only way the labor can be transferred to new company is if the 485 has been filed for more than 180 days.
    in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.





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  • monkeyman
    01-29 05:50 PM
    Class of Admission: How ever you last entered the country (AP, H1-B, H4 etc)
    Date of intended Departure: As soon as possible
    Expected length of stay: Less than 5 months

    That is what I had filled out.

    The date of intended departure allows them to process based on dates. If you know your dates, then put in those dates and attach the trip itinerary as your evidence.

    You must make copy of your documents (passport pages in color) and attach the relevant I-797s associated with H1-B, H4, extensions etc. All the paperwork must somehow prove that you were never out of status. If it doesn't, you will get an RFE.

    As far as your wife's status is concerned, does she have an H1 stamping on her passport? If she does, then she has traveled out of the country and entered back on H1, so you indicate H1. If she has never been out of country after H1, then the answer is H-4. Just double check all your application entries and paper work and make copies, including the check. If you get an RFE, that is your only proof.



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  • kart2007
    10-21 12:57 PM
    Thank you. So was your application in a Pending status or Approved status when you emailed Ombudsman?

    In my case the application is approved but I haven't received the EAD card yet.





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  • questforgc
    02-21 09:22 PM
    To all Experts/Gurus, please advice on this issue.

    I hold a H-1B status as well as I-485 Adjustment of Status Pending.
    I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

    I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

    1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
    2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
    3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
    4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
    5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
    6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
    7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
    8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
    9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

    These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

    Thanks.



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  • yabadaba
    06-24 12:42 PM
    bump^^^^





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  • wandmaker
    10-30 07:29 AM
    Goto the SSA office in person, you will be done in an hour or less. No mailing hazzles.

    Do we have to go in person to the SSN office to apply for SSN based on EAD for a person who's on H4 before ?





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  • Kapils573
    06-15 03:11 PM
    I believe it is the number which is assigned to you when your I-140 is approved. It is mentioned on your I -140 approval notice. and it is used to fill your AR-11 form





    chanduv23
    07-11 03:06 PM
    I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,

    If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?

    Pls. help, your reply will be highly appreciable?


    As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..





    sss9i
    07-20 11:37 PM
    I am moving July 25th,07 from New York to Phoenix.
    Which address I should to give attorney to File AOS.
    She plan to file before July 31st,07.
    But so far we didn't found Apartment in Phoenix.
    Thanks in Advance.



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