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  • I am in.
    What do I need to do apart from contributions and convincing other friends to vote on the above thread?

    We need to cross 5000 mark first....





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  • Most IO in India are not aware of "AP"...They ask if you have a GC , H1B ,F1 or tourist visa. Here's what we and our friends have done and it works..

    Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...


    They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.

    I guess its pure dumb luck or anything but did not have issues anywhere and i have used different routes, europe, middle east and even south east asia to travel and never once did anybody question AP. I guess the officers in india were trying to make a buck or two ( pun intended)





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  • it will be a status quo! i will be surprised if it moves!!!





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  • Your status is valid only till the date on your most recent I-94. AFAIK, you have three options:
    1) Re-enter the country before your current I-94 expires. OR
    2) Go the Customs and Border Protection (CBP) office at the nearest international airport and have it corrected. They will update the duration of status in the system.
    3) File for an extension with the USCIS

    The advice given below is incorrect.


    There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!

    But still, unless you are going on vacation, do not waste your money.





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  • Hey bhagwan, is budde ko dharthi se tu utha le..

    (Oh almighty, summon this old man away from us)

    Two choices God:
    1. Amen
    2. Give him some sense :)





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  • I saw some information somewhere, but don't have the link right away to post here.
    But here is the crux of it.

    Basically the guy said that : assuming that the wife is working on EAD, and the moment she gets an H4 extension approval, she automatically comes on H4 status, but the very next day if she goes back to work on EAD, the H4 status gets invalidated and person comes on AOS status instantly.

    Now should she force the company to update the I-9 on that date, is the question.

    The bottom line I think is : there is nothing called as a STATUS field in any USCIS or DOS computer system. Its what you do that determines your status. I believe USCIS allows dual intent.

    Does anyone think that I am wrong?





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  • Just one more... :)

    Open:
    http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6562.jpg

    Closed:
    http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6561.jpg





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  • It says own/lease/solicit ...blah..blah with any competitors , but the language is very generic and now he says that there is a word in the text and it could be opened to any interpretation based on his convinience .

    When i asked him to explain the clause during the time of signing he said that i could not join his competetors for this client . I felt this cluase is reasonable to protect on his business interests , so i sighned it .

    Now he is manuplating it to accomodate his interested , so he can squeeze more money out of me .

    During my stay here , he NEWER paid me on time andi had to call him 20 times and mail him for 10 times ..literaly begging to get my pay .

    If in worst case , if he tries to execute this non compete in court i am not sure if it stays valid , based on the manner he ran his business .

    Can any one please shed some light in this grey area.





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  • Congratulations !





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  • there is a discussion about this elsewhere in the forum. please go thru the previous threads.

    in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.

    Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...

    if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.

    hi Munna,
    thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.





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  • http://immigrationvoice.org/forum/showthread.php?t=14154





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  • Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.

    What does this mean? Kiss my LC good bye? Please explian





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  • Can you be more specific. In India you have 3 year diploma and then 4 year BE. The 4 year BE is same as 4 year BS here, plus the MS puts you in form for an EB2 category if the job requires a MS.

    If my post helped, please contribute to IV. You have just entered the mess, support IV and help yourself get out of this mess soon. Best of luck.

    Hello All,

    I was reading at some of the posts in this forum and they seem to have been quiet helpful.

    My company has decided to go ahead with my GC process.
    Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

    She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
    Following this USCIS will make a decision whether to grant EB2 or EB3 category.

    I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

    To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

    Please Advice.

    Thanks,
    Shakti





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  • InterFiling Help please gurus...





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  • Consult a good lawyer without any further delay. If you are out of status then it's problem for GC also.

    PLEASE CONSULT A GOOD LAWYER TODAY ITSELF.

    This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.

    If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.

    Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.

    The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.





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  • Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.

    This is correct.

    However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.

    The only requirement is the other I-140 must be approved and active
    and it must belong to same beneficiary.

    Not a legal advice.





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  • I did not get any soft LUD. Will all the updates happening, folks getting second FP, I wanted to make sure my case is not getting delayed due to some mistake either on their or my part. If nothing else, upon changing the address using online means, USCIS should have sent me a notice in mail at my new address to confirm the change, which I did not get. Hence the query.

    Question: did you update your new home mailing address online at USPS (Postal website) or using USCIS (Change address) at the time of updating your new mailing address? Initially you do receive a confirmation # when you fillout first part of online application then later you would see additional links at the bottom of page where it would ask for "are there any pending application" somthing like that...

    If you did update using UCSIS website then did you enter your A# (that is if you have already applied for EAD/I-485 then you should have a A#) along with your pending receipt numbers?

    I did change my home address for 4 times now in the past 2 years and everytime when updated using USCIS, I promptly received individual letters notification/confirmation for each family members (pending cases) that address was sucessfully updated.

    Just a thought!!





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  • Here you go:

    YouTube - Promise Land First Look Teaser (http://www.youtube.com/watch?v=B7b3YogQ06M&hd=1)

    I hope we can get a lot of people to watch the film so we can spread more awareness about issues faced by legal immigrants as well.





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  • I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry

    The labor was filed as software engineer whose description says that this was java focussed intense programming position.

    I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.

    I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)

    what do you think?


    The other option is start a fresh labor with PERM and followed by another I-140. You can then port your existing I-485 with the new offer and continue your GC process where you left. You may need to check with your future employer that they are willing to do this for you. If not, then it will be a risk.

    Thanks





    I would suggest that you call the customer service number, since it is over 30 days, to find out what is going on.

    I called customer service and was transfered to second level were I had to deal with a rude lady. I explained her my situation and her response was that, as its been 30 days it might have lost in mail and said, I have to apply for new AP with the fees again. i insisted to provide me with tracking number and asked for her manager for which she hanged out the phone on me. this how rude she was, it is such a shame on part of USCIS.

    may be I will wait for more week and if it doesn't show up, will apply for new one. this is what you get for dealing with USCIS:mad:





    Hi ca_immigrant, agree with ur point. I gave you green :-)

    Thx
    bbenhill

    Congrats !

    and thank you to desi485 for posting the link

    Good one and particulary moving was the last point ... -:)

    14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)

    I first laughed when I read about the hair..(I too have less and a lot grey at 35 ...LOL and actually had grey hair since 20....donnno y....

    but then after a few minutes for some reason I almost had tears rolling down my eyes (reminded me about parents.....) ....well call my an emtional fool....

    neways...I always pray to God that whaterver happens please always help me remeber my parents !! and never forget all the great things they have done for us !!!
    (They are in India with my elder borther)

    oops...sorry for writing something out of context....

    but again Congrats !!



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