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  • GCwaitforever
    06-27 01:31 PM
    My wife has spent the last three years getting formal education in the special therapies etc and now we are going back to India and will start a school there for autistic kids. Good luck to you USA and god bless.

    I am glad you are able to help your daughter and start helping other autistic kids as well. Sometimes adversity brings the best in people.





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  • extra_mint
    05-23 11:51 AM
    [QUOTE=ps57002;1921930]I'm planning on traveling to Delhi end of next month. Have been on EAD since Nov 2007, so will be using AP. This is my first time using AP, so I don't know what to expect at all. Will be travelling from JFK most likely or EWR (prob not).

    Please share your experiences? I'm used to traveling on H1b and for me that was always good experience.
    1) What documents should I keep with me when traveling?

    Yup very important to keep both the copies of AP and good to have 485 approval notice. I recently travelled on AP and since I was on EAD i kept the EAD card as well. Another thing that I always carry is copy of last 2 salary slip (not required but just in case)

    2) What type of questions to expect at POE?

    I just travelled from SFO to Delhi via Dubai and honestly nothing major (purpose of visit etc) was asked from me. The IO looked at my AP papers, got my picture and finger prints and then asked me to go to secondary inspection.
    Secondary inspection guy took the papers asked me to take a seat ran some checks on his computer, stamped my AP and told me I am all set to go.

    3) how long is the process at POE? What line do you stand in?

    I was lucky and all (including the secondary inspection) was done in less than 15 minutes.
    However much will depend upon the number of people ahead of you in the queue, specially in secondary inspection. At times they take 15-30 minutes to deal with single case in secondary inspection and if many people are ahead of you then your wait time will increase :-(

    Please provide your recent experiences since we all hear about not great experiences lately....so wondering what it's like.

    ----------------
    I traveled back in first week of Apr from Delhi to SFO via Dubai. I am on EAD with an expired H1 visa in passport.
    I didn't went for renewal instead moved on EAD.

    Delhi Airport Immigration was smooth - the IO's at DEL airport are aware of AP and will give u smooth clearance.
    Same was the case with DUBAI and airlines (Emirates). They were aware of AP.

    Port of entry (SFO) experience was also smooth. I had mentioned it above.





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  • Hewa
    10-07 08:13 PM
    The license says "TEMPORARY" in red capital letters on the bottom right. FL license did not use to have temp in it. This is since the last two or three years, and we have to renew every year. They used to be valid until the H1B expired (when I first got mine in 2002).
    I have rented all over the country too. This is the first time this happened to me. But I scaled down on my travel since the last two years, so this is probably a new thing. I intend to write to the rental company, and will post any reply on this thread. I had all the documents that they say one needs to rent with me, including my passport. They do rent to international travelers with foreign licenses, I just don't understand why a valid and unexpired license issued in the state of Florida is not acceptable to them.

    The guy did ask someone else inside. I presumed that person was the manager on duty. Hope this is just an isolated incident.





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  • gonecrazyonh4
    05-07 12:39 PM
    The USCIS website has given the processing date for I-485 as July 31, 2007 for Texas Service Center. Our application is at Texas.


    the USCIS website has given the processing date for I-485 as August 17, 2007 for the Nebraska Service center. My friend whose application is at Nebraska got an RFE yesterday (on May 05,2009). She had filed her I-485 in August 2007.

    Anyone else got RFE's who has filed at Texas during the same time frame?



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  • Munna Bhai
    02-08 09:51 AM
    Munna bhai, no offence to you, but I�m surprised you have answered questions here, I�m still wondering what were those questions and obviously what were your answers.

    That is fine, I just want to transfer my case from currrent attorney and want to make sure that future correspondence is directly with me (My I-140 is approved) so I was concerned for finger printing etc, whether USCIS will send notice to previous attorney or directly to me.

    Hope my question is clear, and I am sure, lot of people will ask this question because they would like to switch employer after I-140 and would like to safeguard their PD, I-140 etc





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  • ashkam
    08-21 04:36 PM
    It really depends on the person's situation.

    In my case, my husband will have his H1 invalidated once we travel outside the US because we won't do H1 stamping so my husband's EAD will have to be used upon our return to continue working for his company.

    cheg please read subbu's post carefully. EAD has nothing to do with entering the US. To enter the US, you either need an H1B stamp or AP. Even if you enter on AP, you can still use your H1B to work in the US. However, once you use your EAD to work, your H1B becomes invalid and the next time you enter, you HAVE to use your AP.



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  • gclabor07
    07-24 05:26 PM
    I agree with you. I too missed the July 07 bus last year. I wish USCIS allows people who have their I-140 approved to be able file for I-485 even if their PD is not current. This actually allows people to get the benefit of AC-21 as most people don't change employers without I-140 approval because of the risk. Also, thinking this through, this will help USCIS to predict PD dates. They would know exactly how many I-140's are approved and would expect only that many I-485's each month. It makes sense to me.


    Despite a PD of May 2007, I was stuck in Atlanta PERM center and couldn't file I-485 last August. My I-140 was filed last October and was approved two months ago. Am I happy that the I-140 is approved? Yes. But I'd trade for the chance of being able to concurrently file any day with my approved 140, even if that means both will be pending for a long time.





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  • gc_bucs
    05-25 03:36 AM
    Thanks



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  • wait4ever
    09-14 07:57 AM
    I dont think this is a good idea at all - this will open up the objective of the rally to all sorts of interpretations - Remember we are not asking for Citizenship - we are asking for the allotment of a "permament resident visa".

    I certainly dont want the anti immigration groups using this to distract the public from the core discussion around Green card delays - let us stay focussed and not get entangled into patriotic issues - specially the pledge of allegiance or Anthem etc. specially during the time of war.

    None of us are citizens so let us not go down this path.





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  • anandrajesh
    03-20 05:31 PM
    Where is the question of PD for someone who already has GC? Secondly, read the post. I said "continuous presence in H1B status except some vacation time" :)

    Does the time spent in L1B count?



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  • Blog Feeds
    09-29 07:50 PM
    The four immigration programs set to expire September 30th - the religious workers, EB-5 regional centers, E-Verify and the Conrad 30 J-1 program - have been given another month of life as part of a continuing resolution that will give House and Senate conferees more time to complete work on the Department of Homeland Security spending bill.

    More... (http://blogs.ilw.com/gregsiskind/2009/09/immigration-programs-extended-for-a-month.html)





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  • dixie
    02-23 03:54 PM
    why don't we also lobby for a provision to make us eligible to be president of the US ? why only native-born citizens ?

    Seriously, IV has no shortage of ideas to add to its agenda. What IV does have a shortage of is enough members willing to contribute to their own well-being.



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  • americandesi
    10-19 06:28 PM
    I 1 million % agree with Munna Bhai and his statements. American desi, AC21 is meaningless if you get GC from new employer and informing USCIS about switch is OPTIONAL. For later Citizenship purposes, just stay with new employer for another 6 months. Munna Bhai is cent percent correct in his recommendations/statements....That is very well documented and discussed in immigration forums etc.

    Take care

    Best Regards,

    Read the first question in the following link
    http://www.murthy.com/Chatdb.asp?Search=&Type=adjofstatus&page=22

    During the final adjudication of I-485, you need to prove either of the following

    1) Your intent to work with the petitioning employer + petitioning employer's intent to hire you

    (or)

    2) Your intent to work with the AC21 employer + AC21 employer's intent to hire you

    Now let’s say, Employer A is your petitioning employer and Employer B is your AC21 employer, then you either need to go with (1) if you don’t inform USCIS or (2) if you do inform USCIS, but not both.

    When you DON'T inform USCIS on AC21, then they go with (1) and approve your GC. In such a case you are expected to work for employer A after GC approval.

    When you DO inform USCIS on AC21, then they go with (2) and approve your GC. In such a case you are expected to work for employer B after GC approval.

    By continuing to work with AC21 employer and not informing USCIS, you are misrepresenting facts and violating the condition on which GC was approved, which might cause potential issues during naturalization.





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  • unitednations
    03-16 12:25 AM
    My Wife has similar situation as you. We came back to US in Dec 2008 using AP. Her H1B is valid upto Jan 2011. However she got I-94 issued valid upto Dec 2009.
    I checked with famous attorney and he said the following 3 options:

    1. Apply EAD and convert to 485 Pending status after Dec 2009.

    2. Apply for new H1B extension by Dec 2009 as her I-94 expires by Dec 2009.

    3. Go to adjacent country and get her visa stamp using her H1B and enter US using H1B visa. In that case her H1B is valid upto Jan 2011 and I-94 will be issued until Jan 2011.

    Hope this helps

    Famouse attorney is incorrect with regards to #1. Memo is clear and USCIS has clarified through AILA liaison minutes that the I-94 card expiry on advance parole doesn't mean anything.

    USCIS mail room would reject h-1b filing in #2 scenario. Reason being that in the I-129; it asks what immigration status person is currently on. If person puts AOS (THAT is not non immigrant status) and puts expiry date of white I-94 card then you are declaring that you are not in non immigrant status.

    If you put your current status as h-1b; even though you entered on AP but the I-797 for h-1b has validity date until 2011 and put expiry date of 2011 then mail room would reject it stating that you filed the extension too early.

    #3 is very tricky. legally it should work. However, I don't know of one situation where it has actually worked. There is a disconnect between CBP (border officers) and USCIS benefits people. Of the thousands of people who enter on advance parole; most of them were on visa statuses which were not dual intent; therefore, if they have used advance parole in the past; the CBP officer will not allow them in their non immigrant visa. It seems that many of the CBP officers do not realize that H-1b is dual intent and a person can enter on H-1b if they have a valid visa even though they may have entered in the past on advance parole. You could try and try to talk them into it but they think they are doing you a favor by now allowing you in h- visa if you entered on advance parole because they think USCIS will eventually deny your 485 if you do so.

    The first time I saw this happened about four years ago. A couple of people I know (indpendent cases) let their H-1b's lapse and 140 wasn't approved and they had entered on advance parole in the past. The 140 looked like it was in trouble and while preparing the RFE response, they filed h-1b (had to go consular route because they let it lapse); got the h-1b approved and went for visa stamping. When they tried to re-enter at the port of entry on h-1b; CBP officer saw advance parole stamp and wouldn't allow them to re-enter on h-1b. Person a week later then attempted another re-entry from a Canadian border point. That border also didn't allow him to enter on h-1b for same reason. Eventually, the 140 got approved so getting back onto h-1b was a moot point.

    Most recent example was this:

    Person is on H-4 going to school. She filed I-485 as dependent has EAD. Graudates from school and gets job offer with Deloitte starting in September 2008. Deloitte had filed her H-1b through quota in April 2008. She got h-1b approved with I-94 card effective October 1, 2008. Since, they wanted her to start in September 2008; she would have to use EAD in September.

    Her husbands 140 wasn't approved and she decides to go on one last vacation to India prior to starting her career. She goes to India in June 2008 and gets H-1b visa stamping done in July 2008 and visa states person cannot enter on H-1b until 10 days before effective date of h-1b. However, she has to come back in September 2008 to work with Deloitte. She enters in August 2008 on advance parole and starts to work with Deloitte on EAD.

    Now; they renew the EAD late and 140 still isn't approved. Deloitte tells her that she doesn't have work authorization. She confers with the immigration attornies and asks them what to do. She asks them if they can amend the h-1b petition and ask for I-94 card. However, they do not know how to do this (sometimes it sucks to use the big immigration forms becuase they usually only know how to do straight cases). They along with me, tell her that since she has h-1b visa, she just needs to go outside the country and re-enter and get h-1b I-94 card at the border. She goes to Montreal, spends one day there. When re-entering she shows h-1b approval notice along with visa. However, CBP officer sees advance parole stamp and will not allow her in on H-1b. She comes back to USA and is dejected and still can't work because no H-1b and no EAD card yet.

    She asks what to do? She is told to go back to another border crossing the following week. This time she takes the Cronin memo about h and advance parole. She was at the border crossing for five hours; showing the memo; discussing that it is upto her of what status she wants to enter on USA and if she wants to come back on H-1b even though she entered on advance parole that they have to allow that. Everything, she told (she was coached on it pretty good) was all legal. However, they look at the cronin memo and state that it only covers the scenario of person changing from advance parole to H while in USA.

    Eventually; they put her into deferred inspection (take all of her immigration documents and tell her that she will get a call from a local office to get interviewed). She still cannot work because no EAD.

    It took local office in New Jersey six weeks to call her. In the mean time, her EAD gets approved and she goes back to work with Deloitte. She finally gets the call from the local office and when she gets there; they tell her they checked with headquarters and that she was correct that they should have allowed her in on H-1b even though she had entered on advance parole in the past. They give her a new I-94 card on h-1b and all is good (her husband eventually get the 140 approved anyways).

    There is enough instances at the border that if a person has entered on advance parole that they will not allow them back in on H visa. If you are going to try to do this then be prepared to go through the route in the last paragraph (it was not an isolated scenario; she is the only one I know of who took it all the way. The others just gave up and came in on advance parole.



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  • sunitha vangala
    08-03 01:21 PM
    concurrent I-140/I-485 for me and my spouse,EB2,filed July 20 - @ NSC
    Waiting for receipt

    Can I know whats the option you people have selected in 485 part 2 for concurrent filing. I have selected a, some people say we need to select h and say "concurrently filed I-140". Is there a chance of rejecting 485 if we select a.
    any suggestions appericated





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  • singhsa3
    07-26 12:08 PM
    Let us atleast start it and then we will take from there.
    This is only convienient for those who work in NYC that too this is during weekday.What I feel is it should be in weekend that too in a place where it is convienient for the most of the people in NY/NJ/CT area.If I have come from Albany,NY along with Wife and Kid and I guess there are many members who are in my situation.Bear Mountain, NY.I guess It's convienient for most of the people.for me It's 2 hrs drive.Correct me I am wrong.



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  • anilsal
    12-13 01:25 PM
    Apart from calling, is it worthwhile to send individual emails to the senator such that they have record of how many people were supporting SKIL bill?





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  • vparam
    06-23 04:08 PM
    Because you dont need an F1 to do a CPA, CPA is only 4 exams from the state board.

    Vparam. What is the procedure for the SSN? Just go to the SSN office and show them proof that CPA in PA requires an SSN or do we also need to provide proof that she is enrolled in the CPA?
    we got a letter from bar council stating that their regulations require to have a SSN to apply for the bar exam. That letter along with a copy of the regulation got her the SSN with not valid for work stamped on it.





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  • sr123
    11-28 06:21 PM
    I am based in Peninsula and would like pitch in to help in IV local efforts.





    viksi82
    10-24 02:27 PM
    Thanks a lot arnet..





    kishdam
    02-23 08:24 AM
    As mentioned earlier interested in joining the pool.

    I contacted one lawyer who quoted $750 for G-28 + AC21 + informing me of any RFE. If RFE is simple like DOB certificate +EVL certificate she will help as well. If it needs more work she will charge separate depending on nature of RFE. The agreement is a bit vague on how they will charge on any RFE. I havnt yet signed the agreement.