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  • sunny1000
    09-17 10:57 PM
    Hi Guys,

    My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.

    I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.

    I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.

    Thanks and have a great weekend,

    Advance Parole is good for re-entry (make sure that date is valid on the doc itself).





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  • hsm2007
    09-21 07:41 AM
    Yes this is my 1st RFE. My PD has been current since september. She applied with me in back in 2007.



    I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.

    Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
    Did ur wife also applied for the I485 with you or u applied alone?

    thanks





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  • ahiyer
    09-08 10:47 AM
    I am a little skeptical about how this would work.

    Wont they charge you for International dialing when calling from here?

    lastly, is it legal?





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  • amitjoey
    08-15 12:58 PM
    I filed in last week of June but have still not issued receipts. There are many like me. At the same time, some July 2 filers have receipts.

    The explantion for this is that USCIS does not stricly follow first in, first out. They continue to process applications and issue receipt notices haphazardly, that is why some early filers have not recieved RNs while some later filers have. This has created a lot of confusion and anxiety.

    The only thing that can help us is a legislative fix. Please help IV help ourselves!


    Absolutely right, how otherwise do you explain that they issued card production for people with PD's in 2004, (Dates not current in June) on July 2nd and in an hour and then said the visas are unavailable.


    NO FIFO whatsoever.

    They just saved themselves by retracting the VB of JULY, or else they would have faced lawsuits, and investigation which would have shown all irregularities and fraud.



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  • gc4me
    02-09 10:17 AM
    You should not let this opportunity of 'Retaining your 1998 PD' go and need to act as quickly as possible. If you are from India and EB3 and if you have a new PD (from Y) of 2002+, it will take you 10+ yrs to get your GC. No kidding!!!

    Do this fast:

    01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.

    02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))

    03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!

    04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).

    05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.


    I am new member to this forum. My friend referred me here.

    I have a very unique case scenario and need help if anyone is aware of this.

    Background :
    I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
    working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
    2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
    the option of concurrent filing but did not use which i regret till date). Since the X case was of
    no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
    I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

    Issue :
    Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
    The letter's main content says
    "THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
    FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
    PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
    It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
    to terminate the registration of any alien who fails to apply for an immigrant visa within one year
    following notification of the availability of a visa number".
    Letter is Dated Dec. 3 2006.

    Question :
    I want to know if this will in anyway prevent me from using my old case PD with my current case?
    My interpretation of this is that only the registration with NVC gets cancelled but the
    underlying LC and I-140 approved are not affected and I can still use the old PD on my
    current case. Pls. help.





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  • backtoschool
    12-28 08:10 AM
    All the gurus on this forum,
    I have this questions and I have feeling some of you are considering doijng this;;;;

    My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
    As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from europe for classes starting 2007.
    IF my employer gives me Pesonal Leave of Abscene for one year....without pay
    can I take off for studies without impacting the GCprocess?

    Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

    I would love to connect to anyone who is similar situation......

    PLEASE respond
    :(



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  • morchu
    04-22 09:48 AM
    Yes to both questions.
    Priority date can be retained only after 140 approval.

    I have seen PERM applications get approved with multiple locations mentioned.
    But it is on a case by case basis. You may need to prove the requirement for multiple location.

    Thanks Morchu for clarifying this. I do not want to be unlawful at anytime. That's why I am trying to understand this process as best as possible and then plan accordingly. so when you say this "You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so" the only way to retain priority date is with approved I-140 .

    Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?

    Thanks a lot!!!!!!!!





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  • what_now
    06-03 06:09 PM
    to Phoenix lockbox 4/12. It was sent to CSC. I got my card approved 5/26. Got Card on 6/3.
    My wife case though still pending at CSC.:confused:



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  • gopalkrishan
    08-03 03:22 PM
    Hmmmm .. I have been thinking of losing a bit weight now, after everybody started pointing it out to me.. The rationale behind it being that since I am going �over the hill� I should start looking after myself..

    I decided to just touch the fringes, so made a mistake of floating out my idea and BOOM the world crashed .. I was flooded with suggestions, drowning in motivational talks and sometimes buried under laughter of the unbelievers. I was first told to stop BEER (*actually started with BEER and changed to ALCOHOL*) completely as it increases water retention in the body, making you bloat up.. Then one nice (*and i believe he must have been a veggie extremist*) person come up with surefire idea of giving up non-veg food, and that not only would reduce weight but also cholesterol and what not.. Next on the sacrifice list was Rice as it had carbohydrates, then came universal food vegetable - Potatoes, they shared the same vice as Rice.. One suggested to drink lot of water, another suggested lot (*I believe exact words were "minimum half a liter"*) of milk..

    Best was when one sane(*or so I thought*) person suggested eating lots of fruits .. until it came down to restrictions .. I could not eat banana as they were not exactly diet fruit .. Watermelon at night was a no-no as they did not get digested easily .. Papaya were frowned upon as they generate lot of heat in body and so on so forth ...

    Before you start wondering .. They also coached me about eating habits .. I prefer to go to the Gym(*actually started from yesterday only*) in evenings and that was the hinge on which raged the eye of the storm, i mean discussion .. One suggested no eating for couple of hours before and AFTER gym and another suggested that I eat soon after coming back so that the food could settle for couple of hours before i slept.. One frowned upon having water with food or rather immediately after eating it .. Come On .. if I bite into a red hot pepper am I still supposed to wait for an hour to have that glass of water??

    Anyways, after listening to all this, the only thing I could think of was GITA .. this world is all an illusion of temptations and ascending beyond the web of mortal hope and trepidation will lead to salvation.. I felt as if I was being groomed to go in a battle .. No no, that�s a wrong analogy.. as if I was being groomed to rise over my mortality and mortal temptations to achieve sainthood in the vast lonely reaches of Himalayas..

    Tsk Tsk, such a big decision to follow .. I need strength for this .. Let me grab my BEER and CHICKEN so that I can contently introspect, contemplate and find some strength TO LOSE WEIGHT ..

    Cheers to losing weight (*was only on my 3rd beer yet, while thinking of penning this down*) :d

    Gopal Krishan





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  • sagar_nyc
    02-11 12:00 PM
    Yes My 140 was approved close to Sept 19.. Thanks


    I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.



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  • sanjeev_2004
    10-04 02:03 PM
    Saeed,
    I 140 can processed through premioum process from last week.
    Can you tell what was state of filing your GC labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process. Though I got 45 days latter in March.

    sanjeev





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  • MannyD
    10-03 02:32 PM
    I can't imagine why people do not want to give whatever I-94 they had collected between two trips out of US. NOt sure of the rules, but the common procedure is to surrender original I-94 AND the ones you got with each H1B. I haven't heard so far that I-94's not returned gained monetary value on ebay or people could use them for anything else. For me, I see surrendering all of them as one ( or some) more document(s) not to worry about.

    I feel returning more than one I94 carries its own risks. Who takes it from you? - The airline representative who simply rips off these and shoves it in a cardbox box. By some chance if the newer I94 is overlooked by anyone and a older I94 that also surrendered is entered in your immi records, I'm sure you'd rue that day! Yes, keeping a copy of that I94 is good, but why not prevent the issue at POS?

    Gurus, is there any requirement to surrender ALL I94s?



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  • Jayr
    07-05 02:28 PM
    I think the reasons may be a little more subtle than mean spiritedness and malice. Makes me wonder how performance is evaluated at the USCIS. If their evaluation system is such that a large number of applicants in backlog looks tacky on their report card, then that's incentive enough for them to not want a deluge of applicants.

    by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.

    What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.

    Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
    Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?





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  • rayoflight
    09-24 01:40 PM
    ... what about the existing backlog. They need to address the backlog even before they can think of raising fees or admin fixes.

    Cheers,
    Rayoflight



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  • webm
    09-25 02:07 PM
    Just to make sure you don't get confused about Answer 3..... No, there is no time limit within which you must get the SSN. You can apply any time for SSN as long as your EAD is valid. But I see no reason why you should wait. Moreover, if she starts working, she cannot get paid until her SSN comes along.

    Let me clarify point 3) again
    I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.

    HTH,





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  • alterego
    08-06 01:10 PM
    Congratulations.

    Enjoy your new status.

    Hope you will stay atleast partly involved. You have been tremendously energetic in you activities. We are all happy for you.



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  • CantLeaveAmerica
    03-28 09:46 AM
    same thoughts here....right now, the journey's with more downs than Ups isn't exactly a joyride..prefer the destination any day..ie, destination america...not destination to Back home





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  • alkg
    10-25 06:38 PM
    Dear IV Members,

    I am 2nd July filer for I485,I-131,I-765.I got my receipts nos.a week ago by calling IO.
    Now my question is that today when i called them to ask about the FP notices then they told me that our application was received on 13th August,2007 but our application was received on 2nd July and we have the proof.

    Plz help me out as to how can i fix the exchanged dates ???????????

    I will be really thankful to you
    Thanking
    alkg





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  • jonty_11
    03-14 03:12 PM
    You can travel back to India on an expired US VISA also.
    As long as you are travelling back to india (Country of citizenship)
    I did that last yr

    someone posted link to German Cosul in LA, which states this clearly...





    pappu
    11-25 10:15 PM
    We should not wait for CIR.
    If it happens its great, but if it does not, then we should have plans ready now. There needs to be effort with the new administration for administrative relief and also to continue the dialog with USCIS and DOL that we have now. We also need to meet lawmakers again in the new congress and see any opportunities for us. All background work needs to happen long before there is even a mention of CIR timeline by lawmakers.





    perm
    04-05 03:29 PM
    paragpujara,
    I was in THE SAME situation like you last month.Current desi company sponsered PERM (not subsitute) in OCT'05 and I have a 140 approved. The clients offered employment with 1 year waiting to start GC and then to port PD. I gave it a thought and then decided on not joining the client full-time. Anything can go wrong or the immigration process can change in this 1 year of waiting time. If you bad luck is bad (can't stop laughing on tying this line) your porting of PD fails. your bad luck turn GOOD and Some bill passes which will allow you to file for EAD within this 1 year of waiting. I did not take the risk here.


    Hi GC gurus,

    I am in dilemma and seek your help desperately.
    Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.

    I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
    1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...

    2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?

    Please provide me your input asap as i have to decide very soon.



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