Tuesday, June 14, 2011

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  • coopheal
    02-19 05:24 PM
    To people who know about options after returning on AP,

    Please summarize it on the wiki.
    http://immigrationvoice.org/wiki/index.php?title=Return_On_AP&action=edit

    Thanks,
    Coopheal





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  • lfwf
    11-03 11:15 AM
    I hear they will try again to attach the provisions to other bills. Hopefully we will jump in too. Kudos to iv's efforts. If I can sit pretty for the moment with a 485 filed it's thanks to IV. Please keep going.





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  • mrajatish
    03-25 01:38 PM
    Yup, you are right - thanks for pointing this out.





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  • AnandNJ
    06-27 03:04 PM
    No, you can not get a copy of I-140 by USCIS
    except your employer or attorney, one of my friend called attorneys office when attorney is not in the office paralegal answered and he requested her a copy of approval she sent but attorney may not give you. However there is a form of I-824 to get a duplicate copy but its useful to employers not for beneficiary. USCIS will not send duplicate of I-140 copy to beneficiary.

    If you want to port your older priority date, having I-140 approval is good but that not required, meaning if you have I-140 receipt number thats good enough to port.



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  • piyu7444
    07-22 05:28 PM
    Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.

    Hope this helps!

    I probably know this works the way you have stated but do we have any references to legal document? rule? etc......

    Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.

    Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.





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  • iptel
    09-07 12:25 PM
    I am thinking of opening a thread on IV forum to sell my couch. I am sure there will be many potential buyers.:D :D



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  • JazzByTheBay
    08-21 01:11 PM
    Very helpful response!

    Yes, it depends on IO, but assuming USCIS has been informed of AC21 portability, I'm guessing we should be OK.

    Thanks again,
    jazz



    I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.

    On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.

    On our return in two days our greencard was also approved without any RFEs.

    Again it depends on I/O in the port of entry I guess.





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  • dilbert_cal
    04-25 12:04 AM
    WillGetGC2005 - here is my understanding of your case :-

    You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.

    If the above is correct, you do not need to do PD transfer or start any new labor process either.

    What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.

    The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.

    This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.



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  • arnet
    09-20 03:49 PM
    for link:

    create your application and fill DS-156/157 etc and you should see the appt calendar page. on rightside of this page, it usually shows link for emergency appt. but they change the vfs site often. send email to vfs, check contact us page and they will help you out to find this link.

    for appt:

    you can try checking everyday VFS site, some people cancel their appt before 10 or 15 days and you can get it but for chennai it is little difficult because people book it immediately. try vfs-monitor.com, which alerts through email or sound when your dates are available but i think you need to pay for this.

    but there are dates available in delhi/kolkatta and other consulates, you can consider flying a day before and get it done. flight fares from chennai to delhi/mumbai/kolkata are cheaper costs you 5000 rupees per person for roundtrip (which is $100 per person), hotels are cheaper, check makemytrip.com or rediff for flight/hotel fares.

    Disclaimer: I'm not an immigration attroney, please check with one for your situation as laws/procedures are changing often.





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  • MightyIndian
    11-05 08:47 PM
    I think - there will be more people in AF Unit this consulate

    As Hyderabad is very popular in those lines.

    What is AF unit?



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  • Canadian_Dream
    06-18 02:31 PM
    That's NOT right. AC-21 Yates Memo states that:
    As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.

    The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.

    Please check old thread on AC-21 discussions and the following link should be useful.
    http://www.murthy.com/news/n_yatmay.html





    To invoke, AC21 you should have filed 485 and passed 180 days.

    In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.

    Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.

    If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.

    CONTRIBUTE TO IV.





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  • sshrika@gmail.com
    10-15 10:17 PM
    Hi mattresscoil,

    <<<<<<<
    I think you are positioned well with a full time position and income.
    Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.

    >>>>>>>>>>>>>>..

    I completely agree with you on the above. Can you give some more head on "get hold of good consulting company(ies)" that you mentioned above? What should be the way?

    Thanks



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  • gccovet
    11-24 01:24 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    bnk96,
    Sorry to hear that, could you please PM pd_recapturing?
    Thank you.

    GCCovet





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  • TeddyKoochu
    01-26 12:54 PM
    I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should NOT go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humongous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!

    Amazingly well said, great.



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  • baburob2
    06-04 02:00 PM
    Hi,
    My H1b visa stamp is of Company A with expiry date Dec 1, 2007.

    I work for company B. I have gone back to India and came back with company B�s 1797 and company A�s visa stamp last year (October) without any issues. So we can come back on our previous H1 B visa stamp if we have a valid 797 with us at the port of entry.

    My question is below.

    Company B�s 797 is going to expire in Oct 24 2007 and I have to travel India during this time and will be entering USA again on November 11th 2007. I am soon going to apply for new 797 with 3 year extension with the same company (i.e B). Assuming I get the extension with 797 till Oct24 2010. Can I still enter USA(on Nov 11,2007) with the old H1B stamp pf company A (expiring on Dec 1,2007) and new 797 of company B(expiring on Oct 2010)

    I am also going to talk to my lawyer regarding this. Just in case if someone has anything to share with me, I will appreciate it.

    Thanks
    To my knowledge you could do it. However make sure you travel out after the approval of your new H1B. But you might not be given I-94 till the end of 2010, they sometimes give it only for extra 2 years ie till 2009. HOwever plz check with your attorney.





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  • st4rguitar
    04-06 02:02 PM
    Hi All,

    Here is my situation and I would like to get some feedback.

    My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.

    I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.

    Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:

    1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.

    2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?


    Thanks in advance for your input,

    Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.

    Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)

    You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.



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  • no_more_anger
    05-07 06:21 PM
    Who asked for a combined AP and EAD?

    What help will it offer really?

    It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?

    What will we really do with a 2 in 1 document????

    Really....you can't see how good that is? I am surprised to the core.

    A single document means simplification in filing....not having to keep track of when
    which document expires. It will obviously come with lower total filing costs. I prefer if
    they just give a single card (like EAD) that has all the details, 485/EAD/AP....so wherever
    you go, you just present that card and you are done.....instead of carrying multiple
    documents.





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  • gcnotfiledyet
    02-24 04:35 PM
    i have given blood probably 10-12 times.
    Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
    outside US to a country that still has widesspread malaria.
    India and most Southeast asian coutries among such countries is one such issues.

    Please dont spread incorrect information.
    I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.

    This country is one of the most independent and free countries on face of earth.

    Texcan,

    There are lot of places which will not take blood if you have not stayed here for 5years. It generally takes 5years for any antigens to get out of system. So some places have rule of thumb for 5years. Now when you are immigrant from India, it is taken for granted to question your length of stay.

    There are lot of places which will accept blood from everybody for lack of donors and do their own screenings. It depends on funding/urgent need. I am sure there was no intention of denial based on immigration status/race.





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  • ganesh_sholapur
    11-08 08:29 PM
    Dear all,
    Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
    But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
    My quires are.
    1. Do i need to go for stamping in Canada or Mexico
    2. Can i work for company B with my H1B approval
    3. To start my new job, do my employer should change my status
    4. If going for stamping do my dependents also should join me.

    Actually i have very short time to make my plans , please help in finding solutions for all my quires.
    With Regards
    Ganesh





    willwin
    06-30 02:03 PM
    Pappu,

    Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?

    Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.

    I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?

    Correct me if I was wrong.





    pd052009
    04-28 04:08 PM
    Please explain why not?

    I think if 5000 people from EB3 India with PD in 2007 moved to EB2, then that means 5000 people are reduced from the EB3 India queue?

    The fact is those 5000 people are not in the begining of the line. So you don't see date movement for EB3.



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