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  • fullerene
    08-13 11:14 AM
    From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.

    It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.

    That's it!





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  • krishna_brc
    08-04 01:54 PM
    She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?

    I think it is safer to come back on old AP.





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  • CCC
    07-05 02:19 PM
    Hello,
    I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.

    a. Is it possible for me to port my I-140 to company B?
    b. If its possible will i be able to keep the PD?

    I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.

    Thanks in advance.





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  • gc_chahiye
    07-20 03:49 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?

    1. Can I apply EAD myself?


    yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.


    2. will I get in trouble if I do not have EAD and my H1 expires?


    status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.

    Not sure why you want an early H1 extension filing...




    3. Can I move to new employer using AC21 without EAD?

    yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.



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  • sledge_hammer
    02-08 05:25 PM
    Love to take the poll, but it is excluding all but a section of members - you take it for granted that this is an Indian only forum and organization

    My bad! I just copy-pasted from a similar named thread and renamed EB3 to EB2 :o





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  • desitechie
    01-08 07:46 PM
    My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help


    He needs to send it to the USCIS office in kentucky. you can google and get the address.



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  • solaris27
    02-24 12:54 PM
    it was for visa stamping





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  • kpchal2
    03-03 12:26 PM
    hi chanduv
    i am not worried about RFE or NOID. I am very much concerned about direct denial and then having to go through MTR and all the stress associated with that. Can you shed some light on the scenarios that miught cause denial other than plain old stupidity of the USCIS.
    thanks



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  • cptbaseball
    05-14 02:26 PM
    Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.

    However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.


    Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.





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  • dixie
    08-23 11:37 PM
    Recognize that there are many among us who have Phds from top 5 schools and are currently employed as professors and researchers. Many of them are in EB-2 and going through this same BS as you and me. If you feel so frustrated and betrayed, imagine what these professors and researchers must be going through. Life is never fair .. that is nature's way.

    Some people will inevitably get a GC on a platter .. whether that is by way of winning a diversity lottery, or family immigration or a fake marriage. No point wasting time in self-pity.


    People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..



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  • iv_only_hope
    02-17 10:10 AM
    Well, no other sites have posted this. Murthy, AILA etc. so its difficult establishing credibility. Also, dont you find it strange that he says EB3 India wont move? It has been at 2001 since long time (excluding anomalies). If that wont move this year when will it move. Are there so many eb3s ? especially with ppl porting to eb2s?





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  • div_bell_2003
    02-18 08:20 PM
    Great piece of info, dude ! :)
    Just an additional question, what happens if the parents are in the I-485 applied stage and the baby is born outside of US ?




    Child born abroad to Lawful Permanent Resident (LPR) may be boarded if
    child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.

    Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)

    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • wandmaker
    02-18 07:01 PM
    Child born abroad to Lawful Permanent Resident (LPR) may be boarded if child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.

    Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)

    _______________________
    Not a legal advice.
    US citizen of Indian origin

    Kudos to desi3933!

    rajesh1972 - You should ask your wife to consider giving birth child in US land, who knows your baby may be a next president.





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  • redcard
    08-23 11:21 AM
    People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..


    Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help



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  • permfiling
    12-22 07:34 PM
    Please update your profile on IV





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  • chanduv23
    11-10 03:35 PM
    --- bump ---

    so many views but no replies yet :(

    Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.

    I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
    When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.

    The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.

    Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.



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  • suresh_la
    11-30 12:10 PM
    I have Labor (PERM) and I140 approved from my current employer.
    can I apply trasfer and extension with new employer.

    Advice is highly appreciated.





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  • vxg
    01-03 03:59 PM
    Namecheck is done on everyone applying for any US visa at consulate. There is a database which i think called a lookout system and if you get a hit than you will go through further checks. It happened in 2004 and she has to pay $85 fee give full fingerprints at Delhi consulate and took about 6 weeks to get cleared.

    vxg,

    How come they are doing namechecks on women? That is supposed to only for male from 17-45 years of age? Can you please clarify? what is namecheck or TechnologyAlertList (this is the only check they can likely do on women as per my understaning).

    What that namecheck on YOU or on your wife?

    Thanks.





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  • vandanaverdia
    09-09 02:52 PM
    Just sent the details on email.





    mrdelhiite
    08-07 10:42 AM
    You also need to include the filled in Form I-134.

    http://www.uscis.gov/files/form/i-134.pdf

    if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??

    Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.

    Thanks
    -M





    cool_guy_onnet1
    06-01 01:45 PM
    Are you sure of this? I, of course, hope you are right. It would be great!
    Please post this where it's VISIBLE