Friday, June 10, 2011

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  • JazzByTheBay
    08-21 01:24 PM
    This is great - thank you!

    I'll be traveling to/from SFO. Have the new AP Receipt Notice.

    jazz

    hi jazzbythebay,

    i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...




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  • nixstor
    10-24 03:33 PM
    In my opinion its just one of the marketing gimmicks of Y! See how it works

    http://news.yahoo.com/s/judy_woodruff/20060823/judy_woodruff/j_woodruff10015

    Similar lines ask the white house program. many people in the forum sent Q's to USCIS director and he didnt chose even one Q about retrogression or labor situation etc..




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  • BeCoolGuy
    04-02 03:05 PM
    Oh well, here you go:

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=4651055651

    This is the process u may follow -

    1) Hope DOL/USCIS does not know this.

    2) over the long run - File WH4 form at DOL. Or else they may revoke your I-140 even after approval. That will help you save your status incase DOL comes after. Very important to do, Form will collect many scary details about you (H-1B Nonimmigrant Information), but it is necessary for you to be safe.

    3) Using the fact that you filed WH4, you can switch employers, without paystubs.

    4) Follow up hard with employer. He should know that this is not legal.

    Keep us posted.

    Goodluck




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  • gc_dreamer_485
    10-05 07:13 AM
    I did call them several times in an attempt to talk to different individuals, but all them have said try contacting the area post office. I don't think area post office will be able to give any other information.
    Are you considering to re-file the case. Or would u be waiting to get the packet back?



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  • Venkat_175
    04-06 03:40 PM
    Hi,

    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me Permanent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.

    Regards,
    Venkat.




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  • MartinR
    February 16th, 2005, 08:56 AM
    Thanks a million MatsP. Here's proof of what I wrote about still learning about this camera after 4 years: I'd never come across EXIF before and after searching through the camera manual I figured I probably didn't have it. Just in case, though, I rumaged around in Irfan and Picture Window Pro and found that all that EXIF information is there after all and I never knew it. I will now take a photo at what I have calculated is the 50mm standard equiv focal length and then check the EXIF to see how close it is.

    So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.

    Thanks again

    Martin



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  • Guest007
    10-06 05:36 PM
    I came in through SFO on sunday with similar situation, faced no problems. One difference is I have H1 reciept. I filed for extension 40days back




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  • same_old_guy
    07-05 04:32 PM
    You should be ashamed to use LC subs and bragging about it here. People like you are making the whole things worse. When you get your I-140 rejected you can start nagging about how unfair the system is !!



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  • andycool
    04-21 02:59 PM
    Sad story indeed.

    But the website yesterday indicated that they had collected the funds to take care of moving Mahesh and his stuff to India, and that's why they stopped the collections.

    So what are you guys contributing to then?

    They are accepting Funds Now ....

    Thanks




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  • HRPRO
    05-04 01:26 PM
    Hello experts,

    My situation:

    1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
    2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
    Now using ead for working with the present (second) employer as a permanent employee.
    3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
    In 2011, I used it,since my H1 was also expired.

    4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
    PD July 2006


    Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
    Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
    Using travel visa won't be helpful for longer stay.

    My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.

    Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
    Since I am working as a permanent employee, it will be easy to renew/maintain H1.

    Is it possible to convert ead to H1? What could be the consequences?

    Please advice.:confused:

    Thanks

    You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.

    HRP



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  • mygc2006
    06-14 11:58 AM
    I thought once your EAD gets approved then you H1 Visa is not longer valid.

    You could keep EAD and H1 together active?? Any experts, could you please throw some light?
    Yes, you can keep EAD and H1 at same time..




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  • anda007
    07-11 12:18 PM
    I thank the idea of initiating and going about this so quickly. But if the IV or the majority of them here decide that they are going to hold rallies in San Jose/DC area, then I would not be able to participate since I don't see much representation in Denver/Boulder area.

    I would appreciate that IV and/or its core members support the concept of sending more flowers/letters/cards etc.

    Nothing of this kind is overdoing here.
    Send Cards/Letters and more flowers

    Keep the momentum going. This is not a one time affair

    Anand Sharma


    I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.

    The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.



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  • kondur_007
    10-16 04:10 PM
    My current employer gurantee that he will not withdraw I-140. I also talked to lawyer and she said it is individual choice but it is always good to let USCIS know since your case is pending..
    However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
    Thank you for your replies and interest.

    If you do not plan to return to the original employer after GC approval; you have to use AC 21. (otherwise it will be problem in future).

    However, "using AC21" does not require you to send anything to USCIS (although you CAN send); what would be needed at minimum is some documentation that justifies the "same or similar" occupation and wages. Now you can have this documentation with your lawyer and never send it to USCIS (unless asked for) or you can file it with USCIS (and in that case it gets lost in 90% cases as their mailroom does not know what to do with it). Having this documentation will help you in future if there is a question why you did not work for the sponsoring employer after GC approval.

    See my comments in following thread as well:

    http://immigrationvoice.org/forum/showthread.php?t=22051

    Hope this clarifies things.
    Good Luck.




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  • Sakthisagar
    03-12 02:12 PM
    For Your First Question it is a big YES, USCIS/DOS is responsible. as per law, for the wasted visa re-capture, congress approval is not required, that decision is solely on USCIS, and USCIS can definitely make folks who are waiting on I-140 approval to file I-485 and be on EAD, that is solely under the jurdistriction of USCIS.

    Now, Please tell us what is the next step??



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  • mjdup
    11-17 03:00 PM
    Welcome to the club achi goro :)

    This whole forum started because of retrogression so to answer your question - you may not be able to file 485 because of unavailable visa numbers. Your attorney should know this, your PD is the day when you filed your labor.

    good luck,




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  • ArunAntonio
    08-21 08:07 PM
    Cant make it to the DC rally?
    Sponsor someone else to represent you.

    Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441



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  • narendra_modi
    07-07 01:15 PM
    Why can't your friend post this himself?

    You are such a good friend that you care about his immigration needs. ;)

    Is there any problem with my posting ? He sent me an email with the details, so I thought let me put it here, so I did. Thanks, next time I will tell my friends to become member of this forum, which sucks because of people like you.




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  • rolrblade
    02-21 09:04 AM
    Here is the problem with your case, in my view.

    You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.

    In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.

    If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.

    Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.

    As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)

    If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.

    PM me if you need more help.




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  • smisachu
    01-12 03:53 PM
    I have a similar question. I used AP and my I 94 will expire soon. How do you renew validity of I94. I do have a valid H1 till 2010. My EAD expired but I did not renew it as I don't intend to use it. AP also has to be renewed.

    Please advise if I-94 has to be renewed or am I good as my H1 is valid.
    Thanks




    rb_248
    09-05 03:33 PM
    Congratulations!

    Thanks. But, I am still not sure if I can start celebrating.




    james_bond_007
    04-03 01:57 AM
    thank you roseball.. I already booked an infopass appointment for Monday. If the additional review is done by DHS, will contacting the Ombudsman's office help in anyway ? anybody have experience in resolving the "additional review" , please update.



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