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  • sgupta33
    03-20 05:05 PM
    Thank you ZCool for the information.





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  • needhelp!
    10-09 01:41 PM
    From our meet & greet last saturday:

    GC Quiz:
    Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
    -----------------------------------------------------------------------------------------------------------------------------------------


    What are the Pros and Cons of AOS and Consular Processing?
    Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
    You have not got your green card yet. What do you think what is preventing the system to give you the green card?
    What is the importance of �Employment Letter� in AOS or consular filing stage?
    What is AC21 law?
    If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
    You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
    What are RIR and regular processing for old Labor approval system?
    Why Labor and are considered employer�s property and 485 Employee�s property?
    What is the purpose of Labor approval process as a sub stage in Green Card Process?
    Define the term Permanent Resident.
    What would be your obligations as Permanent resident?
    What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
    Explain different codes for Finger Printing process
    You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
    Same question as above but for 31 days or longer visit.
    What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
    -Apply under family category
    -Apply under employment based category
    -Apply as Investor/entrepreneur (Start a business)
    -Marry to a US citizen

    �What is the best option: To work on H1B OR to work on EAD? And why?
    �You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
    �What historical part Immigration voice has played so far for streamlining EB based immigration?
    �Which factors can jeopardize your Green Card in case of very long processing wait?
    �You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
    �What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
    �What is LIFE act? To which kind of Green Card applicants it can affect?
    �Once you get Green Card. What will you do to retain it forever?
    �What is Re-entry Permit?
    �How long you can remain as permanent resident of USA?





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  • crazyAbtUS
    08-14 11:36 PM
    I was told by my attorney's office that the application will be rejected if re-filed. I have read though threads which claim that multiple filing is fine, but dont know what to trust!

    I480 filed - July,02, waiting for RD/ND
    I140, RD-11/03/06, LUD-11/11/07(NSC), Waiting for approval.





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  • GCapplicant
    07-21 02:07 PM
    Misha,

    Even I did not receive my AP ,which I applied last year july 2007.
    Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.

    she made us wait for almost 2 1/2 hours.
    Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.

    She gave our AP for me and my wife right away.

    So I advice you to take Info pass and check.Ap what I received was in paper.



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  • gc_75
    07-17 08:00 PM
    How did you file the AOS with company A when you are not working for that company any more? You need to attach the employment letter from Company A along with I-485 application.

    For applying with Company B, you need to have fresh a PERM Labor approved from Company B.

    Hope this helps.

    I have a unique situation and I would really appreciate if someone can answer.

    My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.

    Please help...:confused:





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  • wellwisher02
    03-27 03:39 PM
    why will it retrogate again? we will see forward movement. be +ve and optimistic.:)

    Agreed! Let's think positive that it will move forward.



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  • Anders �stberg
    July 16th, 2004, 01:40 PM
    Thanks for the kind comments!

    I've processed some more, plus added a few new ones from today, so I had to start a new Swallows gallery (http://www.dphoto.us/forumphotos/showgallery.php/cat/776). Please visit and tell me what you think! :)

    Concurrent H1 and L1 [Archive] - Immigration Voice

    View Full Version : Concurrent H1 and L1






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  • milind70
    07-26 10:43 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!

    See here is the things that are in your favour( incase u decide to file 485 for
    yourself and not for her)

    1. You have got married before u applied for 485.
    2. I suppose you are going to get her here on H4 when you H1 extension is
    approved .
    3.Once she is in US and your dates become current you can apply for her 485
    also if your dates is not current your 485 cannot be approved.
    4. Even if your 485 is approved you have 180 days from your approval to file her 485.

    The important thing here is that if u are married before u file 485 u are on a safer side, secondly many people fear that they may get approval and at that point of time they might not be able to file 485 but that cannot be the case as your GC can be approved when ur dates are current and when your date is current ,your wife or dependents can file 485.
    The downside in this is that your wife will be on H4 status,so u will have to maintain h1 status i.e means you cannot go on EAD and change jobs etc etc because if you do that your wife loses H4 status and she has to leave the country because she has not filed 485(AOS).
    The point here is if u have applied AOS u are under protected status you are not required to mainatain any status (H1 or H4) but if u wish to work when ur AOS is pending you require EAD and for travel you require AP. This means if your wife had applied AOS and her H4 expired say next Jan 2008 she could stay in US without extension.However if she wishes to work then she would require EAD otherwise not ,if she wishes to travel out of the country she requires AP .



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  • Euclid
    03-19 12:06 AM
    It did. This does work and I can confirm from experience. Go ahead and all the best.





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  • STAmisha
    11-14 02:32 PM
    Lawyer told me that I cannot contest. They screwed it up some thing



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  • digitalrain
    06-25 05:05 PM
    Unfortunately, there are no good solutions to this problem. Humanitarian Parole is possible, but not likely except in extreme cases such as where there is a serious or life threatening illness. You should consider consulting an immigration attorney with expertise in such matters to to determine what if any chance there is for Humanitarian Parole given your family's particular circumstances.

    Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.


    Thank you very much for the response.
    I have a lawyer,he advised me to ask the US Embassy to issue the kid a Humanitarian Parole,but I'm not sure if these guys know how to process these kind of unusual cases.They told my wife that I have to file a relative petition.As far as I know he is not eligible for derivative asylum since he got born after my asylum approval.
    I wonder if she,my wife,can apply for humanitarian parole at the US Embassy?Or do I have to apply for humanitarian parole?
    Lawers that I know are expensive and I'm not sure if these guys really know what are they doing.

    I would really appreciate any advice from anyone.





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  • anilsal
    08-03 12:49 AM
    Very well said. We need legislation and for that to happen, grass roots efforts from IV to end this retrogression.

    Now get back to becoming a contributing member plus supporting IV efforts by opening/joining your state chapter and meeting local law makers.



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  • gc2
    02-19 11:22 AM
    you may find this helpful. it provides info on I-130 and I-485 and the documents you need to file. if he is clean (no criminal background, issues with legal status etc) then you should not have any problems. Good luck and congrats on your marriage.





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  • prolegalimmi
    03-01 01:51 PM
    All you have to do is scroll down the home page.

    Let me know if you still have difficulties.

    Another improvement if I may:

    Wondering if the website administrator has the ability to send a mass email to all its members. This is to inform and urge all its members to send web faxes and be more involved in planned activities.

    Also, I sent a webfax to all three required personnel, but was hesitant to act since I was under the impression that I have to type the matter, choose the letter format, find the fax number for the official, etc. But later found our thats its as easy as clicking your mouse thrice.
    We could have a section that tells people and members just how easy it is to send a web fax, and not having to search for the officials' fax numbers and not having to compose the letter, and such.

    Lastly, launching a concerted and a planned membership drive and to reach all immigrant communites. For the fund raisers, and for memberships, we are still relying on a word of mouth which is not as efficient. IV could post some ads in those media that are immigrant friendly and has good reach.

    It could also start assessing a fee for membership, and also try to reach corporate sponsors like those businesses that are immigrant owned and run. When these businesses contribute, IV can advertise them on its website as contributors, so they (the sponsors) get the business of immigrant friendly customers.



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  • rahul2699
    05-16 09:12 AM
    Thanks you are right on consular processing and you are also right that on transfer receipt one can start working

    But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.

    So thats something i am trying to sort out.


    you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.





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  • desi3933
    07-20 04:58 PM
    Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.

    A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
    100% legal status as he is having continious payslips after his re entry.

    B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.

    In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.

    One is expected to know immigration laws. Who stopped Person B to re-enter USA before filing for I-485.

    Not knowing laws is not a valid excuse.



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  • dealsnet
    07-16 10:42 AM
    You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).

    Hi

    My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
    Does her AP has to be applied before end of this I94.

    Thanks

    DS





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  • SAMK
    02-01 01:47 PM
    Specifically how long were you in US before you started your CPT and in what capacity and where were you working ?





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  • Calouste
    07-28 08:20 PM
    quite interesting find...do you have a reference?

    H-1B numbers:

    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2000 (http://www.uscis.gov/files/article/FY2000Charact.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2001 (http://www.uscis.gov/files/article/FY2001Charact.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2002 (http://www.uscis.gov/files/article/FY2002Charact.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 (http://www.uscis.gov/files/article/FY03H1BFnlCharRprt.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2004 (http://www.uscis.gov/files/nativedocuments/H1B_FY04_Characteristics.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)

    India accounted for the following percentages of new H-1B visa issued:

    FY 2000 : 44.5 %
    FY 2001 : 45.2 %
    FY 2002 : 20.4 %
    FY 2003 : 27.8 %
    FY 2004 : 46.0 %
    FY 2005 : 49.0 %

    Note that this is only H-1B and doesn't include other high skilled immigrant visa like L1 and TN.





    miguy
    02-07 02:21 PM
    I paid my lawyer with a single check that had the USCIS fee + Attorney Fee...so I never got back the deposited check.....If I had know about this trick, I would have sent my lawyer two separate checks. Is there any way I can call USCIS and ask them the LIN# ?

    All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
    My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
    Then you can go online and ensure that it's valid and the dates match.
    Good Luck,





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    11-08 01:12 PM
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