Monday, June 27, 2011

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  • dc2007
    07-25 12:06 PM
    Thanks a lot for the help and useful information.

    I can get all letters (of employment etc) from my employer. That is not an issue.

    But do I need any other docuuments for I-140/labor etc., other than I-140 receipt number ?

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  • mambarg
    07-20 04:44 PM
    Receipt notice not sure how long. I have not yet got it.
    Approval notice has already come via mail in 7 days precise after status approved.

    Again this is PP. So may be for PP it is only e-receipt and not actual receipt.
    I am not sure.

    This is exactly same case for another colleauge.

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  • kumar v
    08-09 04:54 PM
    As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.

    My Approved H1 B petition does not have change of status i.e 1-94.

    I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.

    As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.

    My question is:

    If for some reason, I have not issued H1 visa at Canada consulate,
    Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?

    Please suggest me the better approach.

    My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.


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  • h1techSlave
    04-02 03:30 PM
    Did your status change after submitting the affidavits?

    I got exact query.

    All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.

    Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.


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  • sidd
    06-19 04:50 PM

    My wife and kids went for visa interview last friday (13th June 2008). Visa officer collected their passport and told that you will recieve the passport by next week. NO colored notice/slips are issued that time. But, We didn't receive the passport so far. The passport was NOT sent to the VFS office either. When we called the consulate regarding this, they told that the passport is with Consulate only and I-797 verification is under process which will take 5-10 business days.

    My questions here is:
    1. Once the visa officer accepts the passport, what are all the process involved before despatching the stamped passport to the applicant?

    Currently I am in US under visa extension and yet to get my passport stamped for this extension period. My wife went to stamping with my new extension approval notice I-797.


    It is PIMS verification. Your I-797/petition is verified against a central database. If the petition info. is not already there in the database, then it may take around 1-4 weeks to get it entered in the database and verify it.

    I would appreciate if you could share some more information about yourself that can be helpful to when your H1B was approved and from which CENTER. To which consulate your wife went for the stamping?

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  • laksmi
    01-10 12:03 PM
    Based upon the situation AOS you can move to different employer without invoking AC21, if the employer may not revoke I-140, just continue to work with H1B if it is valid and make sure you are employed, if you get RFE from USCIS make sure you have good attorney to prove that you have moved to new company and there by invoking AC21, you may not get RFE this could be worst case situation.


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  • raysaikat
    07-13 01:34 AM
    Hi Folks, I have a question about traveling to India...

    Want to travel from US to Indore, India. As I need to change planes either Mumbai or Delhi, how does it work?

    1. I came to know that in Mumbai, it is just change of terminals, not airports. Am I right?

    In Mumbai, you need to go from the international part to the domestic part. They are pretty close. Usually the airline will arrange buses to take all the passengers to the domestic part. However, you need to collect your luggage and clear customs and immigration before that.

    2. How about Delhi? Once I arrive at International airport in Delhi, to catch a domestic flight to Indore, is it change of airports or just change of terminals? Is there a shuttle provided?

    Thank you very much and I appreciate an accurate response...

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  • Steve Mitchell
    March 22nd, 2004, 01:45 PM
    Actually they are very loose regarding cameras and fans. Can't say I've seen any L's on fans. I have seen fans with 10D's however.


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  • sunny02
    08-18 02:34 PM
    Thanks for the reponse imm_pro and kopra.

    Hi Kopra,

    My wife will be returing beack from india in mid october :(...

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  • skp71
    07-16 06:14 PM
    My lawyer says that her status is AOS from nowonwards. Even I can change job, that dosen't cause any issues for her 485, she says. What do you guys think? I want to change job. Also, I have read from some other forum, it would be good to work for the sponsoring company for 6 to 1 year after get the gc.

    got it, sonu. Thanks; clear as water now!

    skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.


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  • amitjoey
    07-15 04:56 PM
    We were successful in getting good media coverage with flower campaign. Our San Jose rally is getting good regional coverage. Yes, we haven't had the expected success with national media yet but we are gaining traction at an amazing pace.

    This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion

    That is absolutely right, it is our job to write to reporters and call them, if we want good publicity. Please digg, write to reporters, do not just wait on the sidelines and see if we have gotten any coverage. We wont get any by just being on the forums discussing.

    On a second note, gsc999 worked very hard organising the San Jose rally, and personally I saw a lot of dedication on his part and some other members. People came upto him and asked him to arrange another rally next week. He answered it very well. Why dont people take ownership and organise things on their own, rather than just giving out suggestions and expecting other people to do the tough work.

    augustus, you are right when you ask "why are the bigwigs media outlets not reporting this event?", inspite of us sending so many emails. The anwer is, it is just a few like you, who have sent emails. Most of the people have not sent any emails, or talked to any reporters.

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  • forgerator
    12-17 12:19 PM
    is the best way to carry cash.... If you do not want money right away, you wait until dollar appreciate...if you carry cash, it is a risk/liability...

    I don't know about India but in Pakistan carrying cash is a huge risk. I have heard several stories of people (including relatives of some of my friends) who got robbed upon arriving at Karachi and they were carrying lots of cash / jewelry.

    Why take the risk?


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  • Roger Binny
    10-15 06:47 PM
    My case is also similar.

    Applied labor in 2002 under Eb3 category
    I-140 approved in 2006.

    Applied labor in 2007 under EB2 category( same Company)
    Applied I-140 Eb2 and requested to port EB3 Priority date.
    I-140 got approved but did not port EB3 priority date.

    Applied I-485 in 2007 using eb3 labor and I-140.

    As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007.
    My attroney sent SR last month to port priority date on EB2 I-140.
    I see LUD on I-140 and I-485 ( LUD on oct 9th 2009) .
    Still waiting for response.
    I don't know how long USCIS will take to port PD.


    Sounds like, they are considering your SR, but time gap is just a week, so atleast one or two weeks to go i guess.

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  • WaldenPond
    02-05 12:36 AM
    Hello iptel,

    Thanks for the excellent suggestion. We are on top on this one. Keep it coming ....

    Thanks again,



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  • saketkapur
    07-27 05:24 PM
    ImmInfo Newsletter "Unlawful presence" myths and realities (

    Unlawful Presence: Myths and Realities

    Ron Gotcher

    Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.

    A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.

    The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.

    Nonimmigrants are not required to maintain their status after filing for adjustment of status.

    Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.

    It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.

    There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.

    Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.

    Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.

    The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.

    The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.

    There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.

    Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.

    Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.

    Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.

    Ron Gotcher

    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved

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  • hoolahoous
    11-01 11:58 AM
    part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"

    not sure what your point is. the list clearly states

    "Unemployment compensation is also not considered for public charge purposes."


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  • funny
    09-16 04:54 PM
    Plase make those Calls...

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  • nkavjs
    11-09 09:15 PM
    [QUOTE=tinuverma;193745]Hello guys,
    Firstly happy diwali to everyone at IV
    Quick background:
    H1-B valid till jan-2010
    Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
    All checks encashed on oct 17th 2007
    Received fingure printing notice on Nov 6th for both - wife and I
    Received EAD for both nov 8th.
    I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
    Now here is my question:
    my priority date is sept 2005. With the dates above, when is it safest to change jobs?
    -- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.

    Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
    -- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.

    When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
    -- If you receive AP, its ok to travel if your passport is not with H1 stamping.
    Once you get back, you will be stamped as parollee.

    Why is it not safe to travel while on EAD and yet to have the GC in hand?
    -EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.

    Last and most imp, is there any on when I can hope to get the actual green card?
    -- Dont know the answer.. Its like a lottery.

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  • rkp27
    07-11 01:03 PM
    Your case is just like many others here. Does that worth you own thread?
    Spend some time to read thru some posts. You will know there are many people who are with 2002 PD have not been approved yet. If there's a definitely answer for your question, why will they be frustrate.

    My friend,

    I dont know what tends to write the answer you replied.. but i am not here to find out why anybody frustrate or what any anybody is doing etc.. Its not my business as well..

    I ask question because it just came in my mind.. i dont bothers about others at all..

    God bless everyone..

    10-22 04:44 PM

    I think I remember something now yes...

    I was in that basement... d*mn... then i was close to finding him...

    08-17 02:46 PM
    Thanks Kondur_007,
    I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?

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