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  • snathan
    08-10 10:25 PM
    Hello

    Thanks for looking at this question:

    Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.

    Questions:
    Now I am searching for a job, I am getting job offers.

    1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?

    2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.

    3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.

    Please throw some light on the best option I have.

    Thanks!

    You started you GC as future employement with company A. You never joined them and want to use AC-21 which will raise red flag. So you need to need to very careful.





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  • PD_Dec2002
    08-27 03:10 PM
    I (and my spouse as dependent) applied for I-485, AP, and EAD on July 17, 07 and am yet to get the receipt notice. My (and my spouse's) H-1 expires on 12/31/07 and I plan to travel out of the US between November 8 and December 24.

    In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?

    All your answers in the "Travel out of country and re-entry during/after 485 filing" forum: http://immigrationvoice.org/forum/forumdisplay.php?f=76

    Thanks,
    Jayant





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  • Navkcl
    06-21 05:39 PM
    Thanks for reply
    How can I find was it for misdemeanor or battery or felony?





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  • gcdreamer05
    12-30 12:17 PM
    belmontboy ,

    I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.

    Do you know how a lawyer can send the duplicate copy to Kentucky visa center, my h1 got approved 3-4 weeks ago, can we still send the duplicate copy to kentucky visa center ??? Did you do that ??



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  • saravanaraj.sathya
    08-19 12:21 PM
    Guys,

    I am currently located in Buffalo, NY for my work. Anyone from Buffalo who is willing to join DC Rally pm me so that we can plan for car pool.

    Anyone from NY, BUF in IV?





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  • Blog Feeds
    05-07 02:00 AM
    In Franz Kafka's chilling story "The Metamorphosis", a man wakes up one morning to find that he has been transformed into a "gigantic insect". Recently, a California family, all permanent residents for over 30 years, was suddenly informed by the government that they were all illegal aliens and must return to Thailand. Mr. Promsiri entered the United States on a student visa. His wife and two young sons, aged 10 and 3 joined him in 1971. In 1975, the parents obtained a divorce from a Thai Consulate in the U.S. The wife married an American citizen, and the couple honeymooned...

    More... (http://blogs.ilw.com/carlshusterman/2009/05/immigrant-familys-kafkaesque-ordeal.html)



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  • mundakamal
    06-13 07:49 PM
    Hi All,

    My employer after too much of talks is ready to file. But in all the applications he wants to put his address so that he receives the EAD card and AP..He is not ready to put my address. Can he keep my EAD card ?

    Gurus please advise...

    Thanks!





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  • gijarh
    02-12 01:55 AM
    Guru's please help with the following situation: Labor PD: Dec 2002, Labor approved Feb 2005, I-140 approved May 2005, Filed I-485 (because of retrogation) in May 2006 for both me and wife. Got EAD Dec 2006. Got laid off in Feb 2007 from sponsoring company and decided that I have had enough of US immigration waiting and returned to home country for good in April 2007. Changed address to friends US address for USCIS records just to make sure that any communication from USCIS does not get lost in the mail. Was sure that the employer will cancel the whole GC process. But to my suprise on April 21st 2008, received the automated email from USCIS that 485 has been approved. The I-797 approval notice of action was received at my friends US address with a note that the plastic card should arrive within 30 days. This was back in April-May 2008 time frame. Well the plastic card never arrived inspite of phone calls to USCIS to either cancel the 485 or send the card.

    Can someone please educate me as to what I should do get the 485 cancelled and stop further processing of my wife's 485. I am afraid that I am stuck in a situation where the USCIS records indicate that I am a permanent resident when they never fully approved my case in time, while I have been out of the US for 2 years and do not intend to return. The US Consulate here has been of no help. Will this have any overhang for future US visits/immigration for me and my wife or for my children who are US Citizens.



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  • GCBy3000
    11-08 03:17 PM
    This is a very sad message this morning I got to read from my inbox. I am not bothered about losing the pledge, but I am shocked to see only 88 members pledged. The sadest part is that this pledge is created by a US Citizen for IV.

    IV Members 6000+
    Retrogressed members 350,000+

    Why only 88 pledged? Many people wants free ride which they cannot get if they dont want to unite for the common cause. I know most of the H1b holders are paid well and spend a lot. But when it comes to donate, they feel $1 equivalent to $1000. The reason is they feel they are not getting anything in return which is not true and they feel they are smart to get a free ride when others donate.

    If you dont unite for the common cause, everyone including is going to struggle to get what you want. But at least the donated members will feel good about trying their best.

    *************** EMAIL FROM PLEDGEBANK *****************
    We are sorry to have to inform you that the pledge to which you
    signed up did not meet its target in the required time. It
    required 1000 other people, but achieved only 88.

    The pledge, created by Randall Emery, read: 'I will donate $10
    monthly to Immigration Voice for one year but only if 1,000
    other people will too.'

    This means you don't have to do your part of the pledge.
    Instead, why not sign up to local alerts at
    http://www.en-gb.pledgebank.com/alert to find out when someone
    creates a new pledge near you, browse the pledges at
    http://www.en-gb.pledgebank.com/list or perhaps make your own
    pledge.

    -- the PledgeBank.com team





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  • Circus123
    10-27 09:07 AM
    For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?

    The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)

    Thanks for the insightful info...



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  • fromnaija
    06-27 01:20 PM
    I am in a similar situation. My attorney says I could file.

    Can i file for I-485 while my H1-B extension petition is pending?
    Should i premium process my H1-B petition before i can be ready to file my I-485 in july?

    Thanks
    sri





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  • hetuweb
    01-25 08:23 PM
    This is my situation friends.
    - My I-140 approved in January 2007 and I-485 filed in July 2007
    - Me and my wife has EAD + Advance Parole (AP) + Finger print done.
    - We decided to go back to India
    - I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
    - I will be continued on Payroll of my present employer in future too.
    - I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
    - Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
    - I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
    - Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
    - Can I get Advance Parole (AP) from India after Consular Processing conversion?
    - To convert from AOS to CP, can I have to be in USA or I can do from India also?

    Your help in this matter will be highly appreciated as I am going very soon.

    Thanks in advance to all of you friends.



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  • Manbir
    06-26 06:26 PM
    I am in need of this info and want to clarify my doubt. Please reply soon.

    Both parents were in India and Indian Citizens by birth at the time of birth of their chidren in India. Birth of year for children is 1996 and 2000 (still minor). As such both children are Indian Citizens by birth.

    If one or both the parents acquire foriegn (Canadian) citizenship and does not apply for Canadian citizenship for their children, does it affect Indian Citizenship of their minor children in that case? Will the children automatically loose their Indian Citizenship? or children can still be Indian citizens as they have not acquired foriegn citizenship, even if parents have acquired/renounced the Indian citizenship? (Parents have to write to Indian Consulate that they are renouncing their own Indian Citizenship due to acqusition of foriegn citizenship in order to get Indian Visa for themselves.)


    This doubt originated due to information in Wikipedia under Citizenship Act of 1955, which has a clause which says "Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity."

    Regards,





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  • fromnaija
    08-28 10:23 AM
    I am planning to go to Canada for H1B visa stamping. Will there be any problem if i have company on H1B. I opened in 2003 and My friend is working in that company. I am working for my employer only. Will there be any problem if i have company either in GC stage or getting Visa in Canada.

    Thx

    As long as you are not working for your company, you are allowed to promote or finance a business venture. We have discussed this in another thread.



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  • ajp5
    03-06 12:30 PM
    COBRA is a good option but I know its crazy expensive. They also have a high deductible plan. If your friend does not have kids (or even if he does) you could opt for HD plan - their premiums are much lower (< $500 for family). eg. for a doctors visit, under normal plan he would be paying 40$ copay and insurance would pay in-network negotiated rate of say $120. With HD plan he would need to pay $120 for doctors visit until he reaches deductible of $6k for the year. Not a bad option if you are healthy individual - covers you well in worst case scenario... Ask your family doctor in india to send you imp drugs, antibiotics etc etc. Within 100$ you can cover all medicine expenses...

    If you need any help on that send me a PM.





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  • babu123
    11-15 03:50 PM
    Based on this information, dates wont move until next summer.
    I am just off by 16 days. This is really crap...



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  • krishnam70
    06-09 04:25 PM
    http://adoption.state.gov/country/india.html

    .

    There are yahoo groups which helps in this matters.

    adoption_experiences@yahoogroups.com
    ichild@yahoogroups.com
    nri-child@yahoogrou ps.com

    -cheers
    -kris





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  • kamand
    01-06 12:19 AM
    Thanks "glus" for the information.

    I received the below advice from an attorney in another forum.

    "Make the CIS aware of your approved I-130 and ask that they approve your AOS on that basis. Send a copy of the I-130 approval notice, together with a copy of the I-485 receipt notice to the correspondence address shown on the lower left side of the receipt notice."

    According to that attorney, it looks like I can interfile I-140 with I-130. Any thoughts/comments on this?

    Thanks.





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  • awi_ok
    02-19 09:10 AM
    Dear experts,

    Please comment and/or suggest.

    Thanks,

    T.





    jonty_11
    05-13 05:16 PM
    Hi,

    My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.

    Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?

    Whats the right way of handling this?





    Blog Feeds
    01-28 08:30 AM
    WASHINGTON�"U.S. Citizenship and Immigration Services (USCIS) announced
    today that it has received a sufficient number of H-1B petitions to
    reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
    the public that yesterday, Jan. 26, 2011, is the final receipt date
    for new H-1B specialty occupation petitions requesting an employment
    start date in FY2011.

    The final receipt date is the date on which USCIS determines that it
    has received enough cap-subject petitions to reach the limit of
    65,000.� Properly filed cases will be considered received on the date
    that USCIS physically receives the petition; not the date that the
    petition was postmarked.� USCIS will reject cap-subject petitions for
    new H-1B specialty occupation workers seeking an employment start date
    in FY2011 that arrive after Jan. 26, 2011.

    USCIS will apply a computer-generated random selection process to all
    petitions that are subject to the cap and were received on Jan. 26,
    2011. USCIS will use this process to select petitions needed to meet
    the cap.� USCIS will reject all remaining cap-subject petitions not
    randomly selected and will return the accompanying fee.

    On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
    petitions filed on behalf of persons exempt from the cap under the
    ‘advanced degree’ exemption. USCIS will continue to accept and process
    petitions that are otherwise exempt from the cap.� Pursuant to the
    Immigration and Nationality Act, petitions filed on behalf of current
    H-1B workers who have been counted previously against the cap will not
    be counted towards the congressionally-mandated FY2011 H-1B cap.
    Accordingly, USCIS will continue to accept and process petitions filed
    to:

    extend the amount of time a current H-1B worker may remain in the U.S.;
    change the terms of employment for current H-1B workers;
    allow current H-1B workers to change employers; and
    allow current H-1B workers to work concurrently in a second H-1B position.

    U.S. businesses use the H-1B program to employ foreign workers in
    specialty occupations that require theoretical or technical expertise
    in specialized fields such as scientists, engineers, or computer
    programmers.

    For more information on USCIS and its programs, visit�www.uscis.gov.


    More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)



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