Friday, June 10, 2011

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  • pa_arora
    07-25 05:38 PM
    This sounds like 'Tum mujhe Khoon do main tumhain azadi(GC) dunga'

    Pardon me for using Hindi guys.. this was a famous saying by one of the India's GREAT freedom fighters which means..'Shed ur blood for freedom.'





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  • raysaikat
    07-28 08:12 PM
    --



    -- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.



    You missed the point.

    1. Every member of your family must have AP in possession before s/he leaves US so that his/her I-485 application is not considered abandoned.

    2. S/he do not need to use AP when s/he reenters. S/he can only show his/her H1-B/H4.

    In other words, it is the following scenario that you must avoid: "A person leaves US before s/he has his/her AP document in possession".





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  • uma001
    07-21 06:33 PM
    Hello Uma001, Kindly refrain from giving misleading information. It does put a thought on several people's mind that breaking the law is "chalta hai". Especially cases like these should be asked to be handled by qualified attorney.


    It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
    So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
    Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?





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  • augustus
    06-19 01:56 PM
    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.



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  • overhere
    07-17 08:50 AM
    Please enlighten me. What constitute a proof of immigrant intent?

    Filing of:

    1. LC
    2. I-140
    3. Medicals
    4. I-485

    etc...

    I am confuse. Please explain.

    in my opinion, the consul will consider lc filing as proof of immigrant intent. remember lc is the first step towards getting a green card so you're intention is to get a green card.

    my advise is, if ever you decide you want to push through with your lc plan or change of status from b2 (tourist) to h1 (working), you must stay in the US until you get your gc. never ever visit the US embassy of your home country coz they'll definitely ask you about it and most likely, they'll ban you from entering the US permanently. once again, this is just my opinion. hope this one helps.





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  • boston_gc
    06-05 08:33 PM
    I am in the similar situation. I think we should be fine not renewing it as long as we don't use it.

    Does anyone else has comments on this?



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  • wandmaker
    11-06 11:39 AM
    Hi All,

    Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.

    1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.

    2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?

    3. How long I can continue with future employment in the GC process?

    4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?

    5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.

    All the best!!!

    -
    Regards
    Ajaykumar

    #1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.

    #2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.

    #4 - As long is your labor is pending, you can extend your H1B by 1 year until it is approved or declined.

    #5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.





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  • snathan
    07-23 11:43 AM
    I would advise you to minimise the risk rather than money. May be you can start the GC for future employment. It will take time to do the PERM process and in the mean time you can complete your current project also.

    1. Start the H1 transfer and GC process now itself.
    2. Stay with your current employer until the project is over.
    3. Take the money and join the new company at end of six month if everything goes smooth.

    By doing this you get the money and also minimise the risk with new employer. But you need to get the consultant who is ready to do this.



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  • new2gc
    04-21 12:10 PM
    Contributed a small amount for this cause....





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  • delhirocks
    07-18 04:15 PM
    That sucks. I have never heard anything like this...good luck



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  • zulo1715
    10-20 05:44 PM
    The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
    Thank you Prashanthi for your reply.

    I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?

    That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.





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  • Leo07
    05-21 10:48 AM
    "Did you File for AOS/485--YES/NO?"

    Just to see, if it gets more people to poll..



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  • Anders �stberg
    July 18th, 2004, 12:20 PM
    I think I already have for birds. ;)

    :p Well, then I should too.
    :o Please accept my apologies for saturating this forum with my bird pictures.
    :cool: I'm not likely to stop though.
    :( Unless Steve tells me to.
    :confused: Anyone know what the faces mean?
    :rolleyes: This one is particular.
    :)





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  • amitjoey
    07-10 12:31 AM
    Waiting for your report anxiously, wish there were more people.



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  • praveenuppaluri
    02-22 01:56 PM
    voicerj and gnutin

    thanks for the options.. just surprized that we must go through these procedures (like Quillpad, installing native font etc) to fill a form that is designed for people outside of USA, most with a non-english native language.

    whats wrong with an option of 'blank' field and use the good ol' pen :p

    thanks for your inputs. really appreciate it.





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  • champu
    02-18 07:31 PM
    Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
    You will lose H1B status if and ONLY IF, you use EAD.

    AP is only a re-entry permit and has no effect on your immigration status.

    Vivek -

    I have similar situation.
    Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
    Please let me know. Thanks



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  • samrat_bhargava_vihari
    02-11 06:04 PM
    you are screwed, yes seriously

    Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.

    If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.

    I feel this may not be true.

    Do you have any evidence for your information or can you show any documentation from USCIS supporting your comments.





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  • thomachan72
    10-15 03:44 PM
    sshrika:

    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.

    This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.

    Best wishes
    Mattresscoil!!
    So if he initiates H1b transfer but as you said waits with the current employer and if his transfer gets denied will that affect his current H1b?? or is he safe to continue with the current employer?





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  • gunabcd
    06-21 03:24 PM
    If black and whites are acceptable then i think you can make copies of an existing one, just make sure you copy it at your employers copier that too in the working hours, that's the Cheapest way of doing it.:D





    kondur_007
    03-23 01:33 PM
    Hello gurus,
    need little help from you guys. Right now i am on H1b.
    I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).

    I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
    so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???

    H1bdude1

    I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.

    However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.

    Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.

    Good Luck.





    venky08
    06-23 11:40 PM
    My attornies (big firm...working for Fortune 500 company) says that dates could retrogress anytime i.e. on 15 July 07, dates could move back several months and the chances of that happening are very high. My advise is to have your spouse cut the vacation short and return asap...! You need to file ASAP.

    are you sure that the dates can retrogress by july 15???

    Do you have a precedence of such thing happening???



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