Wednesday, June 8, 2011

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  • martinvisalaw
    09-27 06:12 PM
    Hi above is an update from this end. I do have one more question though. My wife was not given an I-94 when she entered using TL instead her passport was stamped with the arrival date and initials "LPr". I am getting ready to apply for a new AP for us what should I write as her "Class of Admission"? Also do you foresee any issues with the AP renewal since I cannot send them a copy of an I-94?

    CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.




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  • ata1234
    07-13 09:02 PM
    Done!




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  • dhesha
    04-18 06:32 PM
    Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.

    Thanks.

    Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.




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  • desi3933
    03-09 11:58 AM
    She is a derivative on my pending AOS, has a valid EAD/AP. She used to work on H1 and stopped work sometime ago. Does she need to do anything/is she automatically considered to be in AoS status?

    Nothing is needed from employee.

    Employer needs to notify USCIS about termination.

    ______________________
    Not a legal advice.
    US citizen of Indian origin



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  • DareYouFireMe
    02-11 08:12 PM
    I think you should reach out to the new employer, involve his legal team. EMPLOYER DO NOT LET EMPLOYEES OUT OF STATUS. Not good for them either. you still have time. Also, obtain I-140 /LC docs from past employer. if he is not willing to share then reach out to the freedom of information website. Even though your employer has withdrawn application, as per my lawyer you can use your PD.




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  • Valentino
    09-14 03:47 PM
    Hello Srinivas, I am most likely to get in to your situation. This information was helpful. Did the H1B transfer got approved?



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  • nhfirefighter13
    May 31st, 2004, 07:41 PM
    LOL ! :D

    Travel on AP after job change and AC21? [Archive] - Immigration Voice

    View Full Version : Travel on AP after job change and AC21?





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  • hopefulgc
    03-31 07:17 PM
    .



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  • anilsal
    11-27 06:17 PM
    some legislation that will get GCs quickly for everyone. All July filers should be able to get their GCs in the next 6-15m.

    Now that is wishful thinking. ;)

    What people really like to see is movement of approvals and transparency in the processing/backlogs. This was happening until the "RETROGRESSION" hit.




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  • ars01
    06-30 06:23 PM
    Well said EB3 retro!! I like you approach. I have lost interest of GC. And actually, I don't care at all what happens to GC as I don't want to make my life decisions based on USCIS guidelines. I mean, I came here 11 years ago and I think US has lost the efficiencies it was known for. Very sad, but true.



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  • bekugc
    04-02 11:22 AM
    hi dhundhun,

    this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.

    in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.

    Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.




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  • Canadian_Dream
    08-24 04:36 PM
    Name: Canadian_Dream
    City/Area:

    Question:
    What is the relation between a 3 year H1B Approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the underlying peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ? Please indicate any laws or precedents that can clarify the implications of the above scenarios.

    Thanks,
    Canadian_Dream



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  • logiclife
    02-04 01:37 PM
    The last line on this article may mean something for us. Hopefully.

    http://tracypress.com/2006-02-04-nation-one.php




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  • speddi
    09-16 10:31 AM
    I found the address where we need to send the AP Renewal application if using non-usps carriers.

    USCIS - Direct Filing Addresses for Form I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)



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  • chitra
    02-26 09:56 PM
    Thank you for your reply. The scenario would be...if my husband loses his H1B due to a layoff, etc, then I would lose my H4 status. In that case, will I still be able to enter the US on a B1/B2 as it was initially valid till 2013.




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  • desi3933
    05-11 05:53 AM
    Thanks desi - AOS is what I was thinking as well but that doesn't seem to be one of the options listed when opening an account (the firm is Ameritrade - you check out their website https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet). Guess they are just not aware of this status since it wasn't really designed to be a "status" and only recently have several people moved to AOS status given the backup for EB3 and EB2 China/ India

    AOS is not a visa status. So, for https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet one should select None for the visa status as the person is not maintaining any non-immigrant visa status.

    AOS is period of authorized stay while I-485 application is pending.


    _________________
    Not a legal advice.



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  • howzatt
    04-13 01:56 PM
    I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.

    They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.

    If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.

    You are exempt from this year's quota even if your 140 is not approved. I was referring to your wife's H1 possibilities. I think your first priority should be get an employer who can transfer your H1. Alternately, you could request your current H1b sponsor to give you a few more weeks to sort out your situation. It sounds from your tone that F1 for your wife is the last thing you want to consider.

    The IT market is not as bad as it seems(assuming you are in this field). With so many years of experience, I would use all my contacts to find a H1B sponsor. Believe me, there are still some good consulting firms out there. Good luck!




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  • Munna Bhai
    01-23 08:09 AM
    Lage Raho...We will Win. Thank you core-team.




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  • ivar
    02-04 05:39 PM
    Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)

    Okay, Is there anyone who has filed for PERM appeal after refusal and got PERM approved after appeal.

    Thx,
    R.




    wandmaker
    10-26 11:00 AM
    Withdrawal of H1 does not create any issues. Since she is on H1 Since Oct 1, 2007 - make sure you have a pay stub for her for this period.

    Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?




    arnet
    09-20 11:54 PM
    now they are saying it as "Priority Appointment" and the link is available when you create the application. so get HDFC receipt which is valid for 1yr and create an application, fill DS-156/157, add your dependents if any and then you will see a page which has link "priority appointment".

    so now you can see this only after creating the application, vfs changed it. you can email vfs site for details.

    Disclaimer: I'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing constantly.

    Interesting..If I visit VFS in person when I'm in Chennai, How soon will I get the appointment. My visa expires in Feb'07 and I'm going to Chennai for 3 weeks in Nov. So If I don't get appt I can always try for the next trip..



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