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  • trump_gc
    07-05 03:21 PM
    There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine





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  • nviren
    04-28 04:20 PM
    Isn't this the same proposed rule that was published on Feb 14 in Federal Register and the comment period ended on Apr 14th?

    In www.immigration-law.com, go to breaking news section and take a look at posting on 4/12/05.

    Or

    Go here
    http://www.aila.org/RecentPosting/RecentPostingList.aspx?Weeks=4

    and look at the posting for date 4/10/05

    I guess DOL has not come out with the analysis of the comments received and its final stand yet.

    Let me know if I am missing something here.





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  • shree09
    08-07 02:55 PM
    Hi,
    I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?

    Here is the situation:
    ------------------
    1. I got Canadian PR approval. I have submitted passport for stamping. After They mail it back to me, I need to travel to Canada(want to go to Vancouver) and at the border apply for PR Landing forms.
    2. I have H1B extension approval but need stamping as I need to travel to INdia later this year on vacation. So when I go to canada, can I go to US Consulate apply for stamping and come back to US with same stamping???

    I dont have AP so I cannot come back to US without the stamping. So what is the best solution in this case.?

    I need to land in Canada before May 2008.

    Your help will be greatly appreciated
    Thanks





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  • krishnam70
    02-27 02:03 PM
    I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..

    Mr Haider

    Please give the entire facts of the case before asking for advise.
    1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
    2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

    Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

    either way we need more details to help you dude

    - cheers
    kris



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  • GetGC08
    05-11 09:14 AM
    You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.

    Hi,

    Thanks a lot for your reply. I really appreciate it.

    Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
    OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

    I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

    Correct me if I am wrong on this.

    Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

    I will really appreciate your response.

    Thanks.





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  • go_guy123
    05-22 02:37 PM
    Thanks for your Reply.
    My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?

    Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
    You can file the complaint and once they give you ticket to India , you can available that to go to India.

    In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
    working capital to pay you even if the client is not/delaying payment.

    This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.



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  • gauravster
    05-06 12:10 PM
    While we are discussing this, I have another question. What if someone moves to a different company with similar role. I get it that the new employer will have to file for PERM and I-140, but is there something that can be done so that priority date is ported, assuming the previous I-140 has been approved when the shift happened and there is still more than 1 year left on H1B (either because < 6 years or because of 3 yr extensions after I-140 has been applied).

    Thanks,
    Gaurav





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  • bekugc
    03-17 09:55 PM
    hi lavanya,
    since the clock is ticking, your prime concern shud be to get hold of someone who can get the paperwork done quickly and apply +vely on april 1st. He may not be the best, but as long he follows all process its enuf for now. For that matter, even if u get a rfe its OK, as long as its not rejected u r good with respectedto competing in the lottery...(possible this year also)

    To make sure they dont miss anything important, get an appointment with some local immigration lawyers and cross check the different things that need to be done ensure the appln is complete and it doesnt get rejected.

    take an appointment and explain ur situation and for about 150-200$ they will explain and give u detailed list of things needed that will serve as a checklist so that u can ensure the actual lawyer dont mess up things due to rush.



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  • nish
    10-06 08:48 PM
    when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.

    Thanks for your reply....
    I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
    During COS process ..I will not be working on project so is this become problem for denial of COS status

    Please advice...

    Thanks....





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  • factoryman
    06-22 12:33 PM
    be aware. All these PDF editing tools leave a watermark - "Draft" or "Trial Version".

    They are totally useless.

    Earlier trial Adobe 7.0 Professional did give edit and save. Not 8.0

    Bottonline: don't waste time or by 8.0 for USD 1800 or so. Or use one who has PDF editors (Admins etc)



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  • das0
    12-17 05:38 PM
    Thanks you.

    Is AC21 Memo required under Law?





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  • MatsP
    October 25th, 2004, 02:09 AM
    I like the sky in #2, but as someone said "what's behind the fence". It's just not telling enough of a story. But the sky is a keeper for some PS work... ;-)

    My vote is for #4. I can't really tell you why, it's just the one my eyes keep coming back to...

    All of them have nice DOF. I guess they are at 18mm on your 18-55?

    --
    Mats



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  • vin13
    12-08 05:00 PM
    Just out of curiosity how is it that you got an approval in Sep 09 with your priority date?





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  • sukhyani
    01-27 11:43 PM
    These are minor things, although annoying, but I wouldn't worry about them. I guess it's just your GC interview. The good thing is that they are processing your case. I would suggest taking your lawyer with you. When is your interview? Just curious what is the time frame. Good luck.

    Thanks

    Interview is scheduled during the first week of March.



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  • shadowbuddy
    03-15 11:27 AM
    What did your lawyer say about this? Now you have a delivery confirmation, did you lawyer suggest that USCIS consider the dates as of last year and process your resubmitted application. Certainly it is not your fault,,

    They said that they would request an exception in our case. We are going to request that based on our original submission date that our pending case have a current priority date. All dates were current for our case up until the April visa bulletin.

    I am really hoping that USCIS sees this error. Has anyone had any experience with USCIS? And were they cooperative?

    thank you for your reply.





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  • ddeka
    12-31 09:20 AM
    Hi,

    I just came back from India with my wife and daughter. I am also on H1B extension. Got my EAD, AP few months back. Please see below reply to your questions..

    I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

    1. Should I apply for AP for both of us? Yes you should - makes life easier while travelling outside
    2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport? NO - You can travel anywhere using AP. Also you can still continue working on H1B until and unless you take a new job using EAD.
    3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time? Tell them you are traveling on AP as you are adjusting your status. They will just see your AP. Thats it. While entering in US, tell immigration officer that you are traveling on AP - he will check you passport and AP and then you will be escorted to a room where your AP will be stamped and will return once stamped. Then your are all set. They will let you come in. They might ask one or two casual questions like how many days your were in India, what was the purpose of travel etc..(giving example of India as I am from India) - nothing more than that..
    Your help is greatly appericated.

    Thank you.



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  • sundar99
    02-18 12:14 AM
    I suspect there may be a backdoor to it





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  • singhsa3
    07-18 02:27 PM
    I am also mad, people like these abuse the whole system.
    Sorry admin, I got mad at this guy.





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  • IAspire
    02-20 11:54 PM
    Hi All
    I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.

    I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.

    What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?

    Regards
    IAspire





    needhelp!
    11-15 11:15 AM
    Go IV





    hpandey
    06-25 01:27 PM
    you can try to contact the australian consulate to replace your passport. they should be able to pull your information. but in any case, even though you entered legally, you overstayed for more than three years before marrying a citizen. therefore, from the time your visa expired, you are in illegal status, and i am not sure you can adjust your status by staying inside the US. I think your best option might be to return to your country of citizenship and have your spouse apply for a green card.

    He came to US in 1994 and most probably visa expired in 1995. He married his spouse in 2006 - that is 11 years of illegal stay .. You are correct though that the best option would be to go back and apply through the home country .

    I have an office colleague though whose case might be similar. He came to the US in 1989 illegally - he married his wife who is a US citizen in early 2004 I believe and applied for a GC through her and this year his GC was approved. I guess you really need a good immigration lawyer since I can see that this is a real possibility from the example in front of me.



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