Thursday, June 9, 2011

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  • alterego
    03-16 10:43 AM
    I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
    So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
    As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
    Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
    Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
    Happy travels folks, quit worrying so much and live your lives.





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  • lazycis
    01-04 02:15 PM
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=71d9903772614512bc3881aaefb1d 8d8

    10.11 Order of Processing.

    (a) Routine and Expedited Cases . Generally, applications and petitions should be processed in the order in which they are received. Exceptions can, and should, be made for a number of different reasons, and sometimes those reasons may appear to conflict with one another.





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  • rock581
    07-18 09:08 AM
    Great replies. Thank you all.

    I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.

    I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.

    I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?





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  • rbalaji5
    11-16 03:54 PM
    Thanks for the information.

    I heard that Mexico does not require any visa for the short-term trip. I doubt If I go by road, will they take my current i-94 at the border and give new i-94 while coming back.



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  • fromnaija
    03-02 11:47 AM
    The irony in the current schizophrenic EB immigration policy is that, it is ironically the more talented, qualified and marketable and entrepreneural talent that is more likely to look at US immigration policy and call it a day. It is conversely the mediocre talent that would be inclined to "stick it out" and deal with all the crap.
    Hmm, something surely to ponder for this country.

    Are you personally "sticking it out"? Does that make you a mediocre talent? Something to ponder about your post.





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  • leo2606
    11-13 09:41 PM
    Why does he need to wait?He is talking about previous employer.

    Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...

    Otherwise.. what are you waiting for :-)



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  • tammman
    10-06 09:34 PM
    I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.





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  • NELLAIKUMAR
    02-16 03:20 PM
    Hi Nayekal,
    I am in the same situation as you. My wife's employment is expected to end in the Middle of March.

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.

    Can you please share your experience.

    Thanks....



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  • mrsahaayam
    09-02 03:36 PM
    If YOU want to reply just reply else DONT bulls***. Don't care abt other threads or posts. I know you guys are ready for pointing you nasty fingers at some one, maniacs

    Thanks for wasting your valuable time for posting nothing :mad:





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  • unseenguy
    06-24 08:29 AM
    You are worrying about nothing. Have fun and enjoy life



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  • chosenone52
    10-02 06:09 PM
    So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.

    What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)

    Appreciated





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  • Mahatma
    08-02 08:36 AM
    I am in tennessee and would like to participate constructively. However, I will not hesitate to make my disagreements known.



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  • a_to_z_gc
    02-19 12:15 PM
    One question for I-140 for EB-2 versus EB-3.

    If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?

    Please confirm your views, as I have heard different versions.

    Thanks!


    Yes it really IS impossible to determine which will move quicker.

    and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.

    EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.





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  • deepakmathew
    10-01 10:32 PM
    I had a similar experience a long time ago with Madras consulate. At that time, the Officer returned all my documents back without an explanation and hardly asked me a questions. After 2 weeks or so - they send me a letter asking for copies of the all certificates to be submitted along with a letter saying that the case was being reffered to a AFU - Anti Fraud Unit. I send all my education certificates.

    It then took them around 3.5 months to clear the application. They asked me to send the passport back with the application copy and I received it with a week with my H1 B stamp. Applied first in June first week and received the Visa around Sept.

    This is obviously a traumatic experience for you. But you will be alright once they verify.

    In my case, the educations documents were correct and true and it was verified - I do not know how they did it. It is a slow process and you ask for help from a local senator or your company to send a request letter to expedite the case and constantly follow-up with your lawyer who filed the H1 petition.

    Also I had a valid B1 visa but I decided it was better to wait for the process to complete before I returned.

    Hope this helps. You just need to patient. Best of luck



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  • shantanup
    10-15 11:17 AM
    I renewed mine 3 months ago. Texas is a LIBERAL state after all.
    Can anybody list the states that check immigration status to renew / issue a driver's license?





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  • ak_manu
    10-17 06:32 PM
    Hello,

    I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).

    My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.

    I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?

    Thanks!



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  • rnanchal
    12-09 01:27 PM
    Time for the infighting, squabling, derogatory remarks and narrow mindedness to reach new heights





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  • painful_GC
    03-10 03:32 PM
    Hi Txuser,

    Many thanks for your prompt response.could you please clarify the following ??

    As the H1 is still in progress can we apply for L2 COS and wait for H1 Decession ?? Will USCIS considers me on L2 if it gets approved before the H1 ?? I am confused about this.

    I really want to stay on H1 and move to L2 unless my H1 is denied

    Thanks





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  • GC Struggle
    04-09 12:31 PM
    Nothing to worry. - It means that your case has been transferred to your local office.





    ram006
    07-17 01:04 AM
    I am not sure if my reply is correct.
    But if the dates are current for you, can you just not reapply for 485 ?

    I can re-apply, but my 485 is already approved on July 8th!





    Hopeful123
    08-14 08:56 AM
    Update: My case was approved today. I-140 , EB3 India PD - 03/24/2005, USCIS Recd: 05/25/2007 at NSC. Transferred to TSC in Aprl'08. Approval email: 08/14/08.

    Good luck to the rest who r in the same boat.

    Cheers!



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