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  • casinoroyale
    01-07 11:51 AM
    >if one enters using AP,then works for his current employer , even then, >he/she has to leave and reenter to get h1 status? or only in case of ac21?

    Ok, after using AP there are two ways in order to reinstate H1B status.

    1) By applying H1b extension after entering on AP
    2) going out of country and entering with valid h1b visa stamp.

    This is based on what i read in immigration-law.com and again as per murthy office.



    can you please explain little more? what is meant by after invoking, is it AC21?

    If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
    thanks in advance.





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  • priti8888
    08-16 11:09 AM
    Most IO in India are not aware of "AP"...They ask if you have a GC , H1B ,F1 or tourist visa. Here's what we and our friends have done and it works..

    Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...


    They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.





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  • RiaonH4
    01-18 11:30 AM
    FALSE STATEMENT - law was changed couple of years ago.

    How can they advertise it on Sulekha with an incorrect statement???


    Ria





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  • h1vegas
    06-24 03:01 PM
    Pls reply



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  • up_guy
    04-12 11:00 PM
    I also have the same question "Please provide information concerning your eligibility status:", what should I provide in that text box.
    Please suggest.

    when I check 2 yrs old EAD application my attorney had used (c)(0)(9)
    Is that right or it should be (c)(9) or
    it should be (c) (09)

    Please help folks





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  • Apollon
    06-30 06:57 PM
    I realize the PERM position requirement must match EB2 track requirement, it must be what you said. However, what I'm questioning is (lets assume we're not talking about Masters degree at all, only BA+5 alternative) - does it make a difference *for position requirement*, not EB2, if part of the "+5" in the position requirement came before the bachelors degree was completed? Can this job requirement be without restriction all of the "+5" comes after graduation, and still qualify for EB2, where all "+5" must come after degree requirements have been satisfied?
    I'll give an example, to avoid misunderstandings:
    lets say a person completed BA or B.Sc. in March 2004. Lets say this person has worked in the same filed for 2 years before March 2004. Lets say after March 2004 until TODAY, when the PERM application is filed this person has continuously worked in the field for 5.5 more years, but when he was hired for his current position 1 year ago he had only 4.5 years post graduate experience.
    What we have here is 6.5 years work experience until the person was hired, but only 4.5 years total post graduate experience until hiring date.
    The Question is: Can the sponsor claim job requirement is BA+5, even though at the time when this person was hired post graduate experience was 4.5 years and total 6.5 years?



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  • nhfirefighter13
    July 15th, 2004, 08:24 PM
    Excellent work! You need to start sending copies of those out to publications to see what kind of response you get...or possibly some stock photo companies. :)





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  • shirish
    10-15 12:42 PM
    Sorry Gurus, Couldn't figure out how to start a new thread. So posting here,

    My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?

    Thankx in advance.



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  • balan2008
    07-07 05:46 PM
    Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
    The Primary's GC application will not be affected with the Divorce.

    Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?

    thanks
    balan.





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  • chanduv23
    04-27 10:15 AM
    Ok, lets ignore or shut this down.



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  • dhesha
    08-29 06:41 PM
    what is the date shown on the online status message?
    Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?

    Does the processing time on website go via RD or ND?

    I called USCIS today and they said they are using the receipt date on I797 and not on the website. Yes that is right on website they show ND and say receipt date..its all messed up, but as per totay's call, it seems 797 RD is what they are using.





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  • jungalee43
    01-14 02:52 PM
    You asked for any news at all and here is update posted today on immigration-law.com

    "01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline

    Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
    As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned."

    Hope you feel relaxed for the day



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  • casper21
    07-29 10:46 AM
    Can someone give answer to my question??? Please..................





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  • chanduv23
    03-04 11:36 AM
    The answer could be
    "I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]

    Employment can ask for valid employment authorization, but not for kind of employment authorization.

    U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
    [From the link]
    The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.



    ________________________
    Not a legal advice.
    US citizen of Indian origin


    Well - we all know this but if the question is "Do you have a Green Card? Yes or No ?" if you give the above answer, you have not provided a specific answer.

    If you notice - job sites like dice etc... have drop downs that make you choose your work authorization (GC, EAD, H1b .....) and your work authorization is automatically visible there.

    Monster, careerbuilder and some job sites do the right thing by asking "Are you authorized to work for any employer? or do you need sponership" - which makes sense to ask. An employer always has a choice to sponsor or not because additional costs are associated.



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  • gatsat
    10-08 03:23 PM
    No. Is there any way to get it delayed till my marriage ?





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  • bigboy007
    06-03 01:57 AM
    This came up to my mind : In senate there was voting on whether to bring immigration bill or not on to table , voting is around 60+ - 30+ , now these 30+ are sure they are going to reject it atleast with 90% confidence. we need to target the remaining 60 more compared to 30 who are already against to senate bill. This is very imp i dont know how to gather those details any help please ?



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  • smuggymba
    12-05 09:37 AM
    Hi All,

    We wish to apply for PIO card for our 5 month old baby at the Washington DC Indian Embassy.
    The application and the supporting documents are all in place.
    We have to drive 3 hrs to the Indian Embassy.
    Since the weather is not very co-operative, i was wondering if it's absolutely required to take the kid to the Embassy? I would like to avoid taking him if possible.

    Also, a minor question - how do you manage to get the thumb impression. Where can we get the ink pads required for the thumb impression?

    Thanks All.

    If in no hurry, mail the docs and pay the tatkal type fees. I used the office marker for the thumb impression, try on some other piece of paper first.





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  • tikka
    05-29 08:17 PM
    It saves you money because a I140 denial will result in 485 denial. You save the filing fee of 485.

    Hi kaisersose
    can you please take a few mins and send web faxes?
    for tonight we are trying to reach a goal of 2750 faxes......

    your efforts will be highly appreciated

    thank you





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  • mhtanim
    12-12 08:48 PM
    I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.

    When my I-140 was filed, I was given the option to either provide 1. Audited Financial Statements or; 2) Company Tax Return.

    As my employer didn't have audited financial statements, my company submitted the most recent company tax return with the I-140.





    martinvisalaw
    11-25 01:10 PM
    I can't really answer your question without more details, but here are some factors to consider:

    1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.

    2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.

    I hope this helps.





    reddymjm
    05-16 09:47 PM
    What is MI phone list?

    They are maintaining list of people who called and from where? My friends called from Michigan. So they said they added it to the Mi phone list.



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