Sunday, June 12, 2011

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  • rameshavula
    06-15 08:04 PM
    For me I noticed the Alien # issued on the OPT card. And I noticed that my lawyer always used the same A# for my H1-B petition.





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  • logiclife
    12-15 11:27 AM
    I think if you have 2 years left, you will get H1 transfer and the new H1 will have 2 years. After those 2 years, you will get another 3 years if your 140 is not revoked by your previous employer.

    Immigration Voice has this program for free legal advice(see homepage, 4th item) where we are getting help from Sonal Mehta-Verma. You can consider her for hiring as your lawyer. Her website is http://www.nankin.com/ .

    -- I am promoting this lawyer on this website as this website and organization have sought help and she has given free legal advice to several IV members on the scheduled conference calls. I dont personally benefit from this promotion or from the business directed to this law firm.





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  • sku
    09-14 02:43 PM
    In spite of opening SR (Service Request) and Info Pass appointment





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  • sixburgh
    06-28 06:03 PM
    Hi - I was in a similar situation as you:
    In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.

    In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.

    No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.

    Thanks for your reply. It helps understand the process.

    The concept of dual intent (http://en.wikipedia.org/wiki/Dual_intent) exists, it just gets confusing, that is all.



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  • mlkedave
    03-10 10:18 AM
    alright guys it look like this battle is dead... should we close the thing and put it in completed battles or u guys want to keep it up a while longer?





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  • god_bless_you
    04-06 02:11 PM
    Thanks god_bless_you for you response. So it appears that I either have to have a valid H1 or EAD on hand in order to work.

    If you are extending the H1B, however, there is a grace period of 200 some day where you can work without a valid H1B while the H1B extension is pending. Isn't there a grace period if you are changing from H1B to EAD? From what you are saying, there isn't.
    I am sure on that.. Please check with a Immigration attorney!



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  • hiralal
    05-10 07:39 AM
    since there are so many threads discussing what we can and should do ..I thought that I would open this thread ..my red dots should send a signal that this is a serious issue. if USCIS were to act like this next year too ..then EB3 will become unavailable in march 2010 and EB2 will retrogress in june 2010 ..in other words HISTORY WILL REPEAT ITSELF ..so lets do something now (in addtion to helping IV) !!!





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  • jcrajput
    09-26 05:02 PM
    This is the new thread to mention your rejection reasons.

    Please mention following:

    Rejection date: 09/21/07
    Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
    Package received date: Waiting



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  • sixburgh
    06-28 04:31 PM
    You can have AOS and H-1b concurrently. If you have the time, I would renew your H-1B visa at the consulate and re-enter using H-1b. It is much less hassle than to return using AP.

    This is what I think too.

    But it contradicts a senior member's post above (http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1598547-should-i-come-back-on-ap-or-h1.html#post1965755).

    Any official documentation about this ?





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  • Cheran
    05-10 09:55 AM
    The only valid statement is with a guy with older priority date, everyone else there is no valid point!!!



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  • akred
    07-25 02:40 AM
    Go ahead and start the process if the company is willing to do it. Ultimately, the DOL, not the employer, will decide whether to deny the LC, certify it or sit on it for 5 years before certifying it.





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  • krishna_2001
    01-13 07:19 PM
    Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.

    1. Can I take the new employment without losing the priority dates.
    2. If I lose the priority dates, can I take the employment and start the GC process again??

    Your help is really appreicated to come out of the situation



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  • bidhanc
    03-06 10:57 PM
    Same here. We submitted 485 on Jul2 without our medicals and some other major documents like birth certificates etc. Have had not issues till now. Got our receipt notices for 485, AP & EAD. Also got our EADs pretty quickly.

    Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
    Hi stu*
    Did you get an answer whether we can send the medical papers to USCIS now with I-485 receipts?
    Would it work?
    Anyone??





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  • ssbaruah@yahoo.com
    06-10 10:16 AM
    Thanks a lot. I find your suggestions great and if followed, will definitly make a difference. Thanks once again.



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  • krishnam70
    08-27 12:50 PM
    A quick question on Canadian immigration(PR) - Can someone tell me as to typically how long the entire process takes if applied from US? Starting from aplying and getting the PR approved? thanks.

    1. Download the form
    2. Fill it
    3. Supply all required documentation
    4. If you did not live in the US in the past 5 years , if you lived elsewhere unless its india, you need to get the police report, for india they will do it.
    5. You get all the transcripts of your college etc in sealed envelopes attested by the dept/school
    6. Birth certificates, experience letters.
    7. Send the application with the requisite fee, the form is easy to understand and fill, so you need no tutorial for that.
    8. Once you file the application, right now based on the processing time, you will receive a letter assigning your application a file number. Keep this document , its very important.
    9. Now your wait begins and it will last 48-52 weeks. 'YES' they will touch your file only after that much time. You will receive a request to complete medicals and fingerprints ( local police + any other private FP place ).
    10. Once they receive all the information, you will be either called for an interview or you will directly get a letter saying send your passports for stamping.
    11. Based on what you received( if interview is required you will go there to attend the interview) otherwise you send the pp and you will receive them stamped with immigrant visas.

    On a broad level this is how it goes, you can check out country specific thread at the other portal - immigration dot com.

    here is the url for the board: dont know if this is allowed here, send me a pm
    http://immigrationportal.com/forumdisplay.php?f=50
    good luck





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  • sharadara
    09-02 10:17 AM
    Thanks GCDreamer and sbmallik.
    Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?



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  • immi_enthu
    09-28 06:03 PM
    Some have the July 2nd receipt date but other have a later date especially if your case has been transferred from NSC to CSC and then back to NSC.:rolleyes:

    yes I am :D and there are many July 2nd filers who have July 2nd as the receipt date and may not receive the EAD by Oct 1st. I may not either. I guess I am not that lucky here.





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  • wrsquared
    October 23rd, 2003, 11:11 PM
    I like 'em both. Like Steve, I think the dandelion is surreal and "way cool". But I do have a question with the ruins photo. I'd like to kinda turn this members' critique back on you, if you don't mind. Maybe I can learn something...hopefully this isn't out of line in this forum....if so, my apologies to all.

    Initially, I really like the photo, and as I stare at it longer I see more and more reason to like it. At first the greenery seems part of the ruins, but as my eyes hold on it for a moment, the green soon pops out into a more 3D presentation. The colors, the composition, the uniqueness....all is very appealing...and I don't know why.

    But.....here is the question....what "makes" this shot? Let me clarify...I am an engineer and my left lobe tends to see in the B&W and straight lines of life. The artsy stuff doesn't come easily for me. When I see something that is right, I know it. It's just difficult for me to arrange something to be right or to see the perfect image inside a lot of clutter. I'm convinced that I would have gone right past this one if you hadn't pointed it out to me with this posting.

    Bottom line.....this photo....what I'd like you to do is to critique your own work. Tell us (me, in particular) what makes this such a good shot? What elements bring this frame together? What do you particularly like about this shot? What would you change or do differently? Help me to "see" why I like this photo. What "makes" this shot?

    Other Dphoto pro's.....same questions. WHAT are the elements work so well here? WHY is this a good shot?





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  • satyasaich
    04-23 12:42 AM
    You are correct.
    Remember during july 2nd drama, lot of people got different notice dates and receipt dates. The processing date meaning is Nebraska service center is ready to review applications with receipt date of July11th.

    so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!





    duttasurajit
    10-18 02:22 PM
    I did some research and it seems for AC21 the job description matters and it should be same or similar. The job title may be different.

    I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.





    factoryman
    06-19 01:31 PM
    Don't know what the officer will do. Don't tell me I didn't tell you.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.




    any members planning consular processing in delhi ???
    please respond



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