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  • mantagon
    07-23 09:54 AM
    AP is not a status, it is just a travel authorization. So, you may let it expire and then when you need it again, you apply for a new one, to be used for re-entry to the US.

    Hope this helps!

    Hi guys,

    I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.

    I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?

    I am still working on H1 and she is a parolee.

    Thanks in advance fopr the responses.




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  • Radhika
    07-09 01:38 PM
    Was this at TSC, mine is at NSC. My First I140 was approved, My company refiled after acquisition (successor in interest) and later upgraded to Premium

    Yes it is at TSC.




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  • for_ac21iv
    06-01 03:21 PM
    Hellow Anindya,

    Thank you for pointing the petition.

    I saw the petition, and I see that there are some 251 signatories.
    Whats next with it ? Can we use that to "lobby" ?

    Let us all know about it. So we can make it effective.
    Keep posting thank you.

    regards,


    You guys might want to check out my online petition:

    http://www.petitiononline.com/legalimm/petition.html




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  • poorslumdog
    09-04 12:36 PM
    One redart is giving the comment 'Do you need to perpatuate the Ridiculousness'...Question to you. Tell me the difference between these poor souls and YSR's death. Dont you agree all life has same value. Come one man you can do better. Tomorrow I will post all the dead people names with state, city break up. Let us all pray for them.



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  • kaarmaa
    01-19 12:43 PM
    Oh God!!

    How can we stop these EB2I - EB3I fights?

    What unites us? Only in our fights for superiority?




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  • Ann Ruben
    01-23 01:24 AM
    Do you have any idea why the petition was denied? Was there an RFE? Appeals of H-1 denials are generally taking more than a year, and are rarely successful. Quickly filing a new and extremely well documented H-1 petition with a request for premium processing is really your best option. Note that if the new petition is approved you will have to leave the US and get a new H-1 visa before you can re-enter and resume legal work authorized status.



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  • hmehta
    08-04 03:40 PM
    Well, there are some clauses under which if you take out from 401K, you won't be penalized.




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  • chanduv23
    03-27 09:52 AM
    My wife is currently on a H1b doing her residency. When she was on h4, she wanted to do research or observership on a voluntary basis so that she can get some good letters and also have her name on papers and journals.

    She got into a research position as a "research volunteer" at Emory University in Atlanta and was an unpaid volunteer. After getting into that position she figured out that the department was actually advertising for that position for a "research assistant" position - which is a salaried position but they could not really find people to fill that position and because they found her promising and did not want to lose her, they offered her a research position.

    Without her knowledge she was a regular worker and was dumped with regular work like a paid employee (though she was not paid). They stressed her out and not flexible with hours and never allowed her to study for USMLE etc... and were expecting her to continue that way for 3 months she worked and worked. So I interfered and stopped her from going there, and we wrote a strong letter to the Head of Cardiology at Emory, who got pissed off because she was not aware that the position was not being paid and the department did not officially want to acknowledge that they did it. So they called her to the department and "WARNED" her not to have any kind of communication and not to step into the department or talk to anyone for any reason. We got pissed and we strongly requested for a "Research Experience Letter" which they told they will mail us. We never recieved any mail for 3 months and then one day we called heer superior doctor and blasted her on phone and she in turn blasted us saying we must not call her. Then after a few weeks, we emailed the department politely asking for a experience letter and pleaded them and used a lot of sugar coated words with a lot of A** Ki***" and finally we got a decent letter. Then after a few weeks, the department sent her an email asking her if she still wants her name to be on a paper she worked on, she replied she wanted to. Then they responded that it is not possible to have her name as she was never working there and in future there must not be any communication from us.

    The reason I wrote all this is : Most of you people seem to be desperate to work around the system for your benefit. As people do it, it becomes a mess.
    Ours was a genuine case and see how an organization like Emory can do whatever they want for their advantage.

    So it all depends on the kind of people you deal with - if you want to work on h4 just for sake of experience - expect the unexpected.

    Most skilled immigrants are capable of doing great work if allowed to do but we are unable to do it , and organizations that break rules (Desi consultants or Microsoft or Emory or anyone for that sake) - will have only one motive - to exploit your skill and get the work done. In case of any issues, they will "scapegoat you" and make themselves look clean. So think twice before get attracted to breaking rules.



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  • kumar1
    09-26 09:18 AM
    You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
    Worst possible case would be - you realize after 6 years that you should have stuck with one employer!




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  • kaisersose
    08-01 01:09 PM
    Wishful thinking.

    1. All they did in June was to assign visa numbers to already processed 485 applications. These cases were fully processed and were just awaiting visa numbers for approval. They could have just as easily assigned 4 million visa numbers in that time frame. Hence, this June activity has no bearing on actual 485 processing time as this also includes security checks (can run into years) which are not in the hands of of the USCIS.

    2. Rajiv Khanna says not all visa numbers for the fiscal year are made available on Oct 01. Visa numbers are released in limited batches for the first 3 quarters. It is only during the last quarter (July-September) that DOS is allowed to go to town and release all pending numbers of that year.



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  • radhagd
    03-09 04:01 PM
    There is no premium processing for Labour. but you can premium process your I140 and file I485 together since your dates are current. The reason why I suggested Consular processing is because it will be much faster like within 6 months you will get GC.




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  • saravanaraj.sathya
    08-24 10:51 AM
    Pl post the recording I missed it.

    Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who understand their worth. After all this is our most productive age and we won't waste it.

    I will try finding the recording of the show and post it here.



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  • pmb76
    07-17 01:16 PM
    DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.

    Please have some patience. IV core are working professionals like you and me. This is not their full time job and they are doing this in their spare time. They will update us as soon as the news is out.




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  • deardar
    09-17 01:53 PM
    Dear folks,

    I tried to help your mission. I offered my talent, time, and my experience of delivering messages.
    Written to the forum and called in several times, was promised to get a call back.
    And was not contacted, nor called.

    And here is my message for you:
    You do not care about immigration reform - you care about your own green cards. You care ONLY about daisy consultants, such as yourselves, and you are not ready to address issues at large.
    You do not speak on behalf of me, nor you speak on behalf of the mainstream any employment based immigrant.

    Best of luck.


    Sir,
    Was there any specific information that you needed ?



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  • Abhinaym
    08-13 02:49 PM
    who is vld rao?

    It's actually VDLRao, as far as I know...




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  • Hydra
    09-07 03:53 AM
    Sorry people...but when other stamp are insert in the vote list ?



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  • jsb
    10-26 11:10 AM
    You guys are great. Guys like you are making this world better place to live. I wish you both good luck.

    I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. ....

    I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.

    BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).




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  • yabadaba
    06-26 12:22 PM
    whats our stance now...do we want it to pass or not? have any of the ammendments that help the EB cause been incorporated?




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  • gapala
    02-24 12:24 PM
    its depends ...

    1) my and wife air ticket to india for visa stamping.
    2) All visa fees
    3) all hotel exp.
    4) All attorney and USCIS fees .
    but check with your CPA .

    Jeezz.. travel to India? Is this personal or business travel? If business didn't you get paid for international travel?
    I guess everything related to conducting your business can be itemized as tax deductable.




    raj2227
    10-17 03:12 PM
    1




    canmt
    10-19 01:25 PM
    The guideline issued by the Director of USCIS to field officers to interpret AC 21 does not take into consideration the geographic location of the new employer.

    I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.

    This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.

    If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.

    I hope this helps and good luck on your green card chase.



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