Friday, July 1, 2011

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  • greenguru
    03-23 05:54 PM
    Very Tricky situation.

    I was in the same situation only thing is that for me it was the same employer.

    So.. I assume you can go before June 30th so you can re-enter US if you are in US.

    If you are planning to go to Canada.. You can call the consulate ( that is what i did ) Just a suggestion...




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  • gc_check
    11-26 05:24 PM
    Folks,

    Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.

    Folks, please share your experience on this.

    Sorry for the new thread, if this had been discussed on other threads as well.

    Thanks,




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  • raysaikat
    11-13 02:34 PM
    Appreciate your prompt response Raysaikat. If I get the J1 waiver from Australia, can I file directly under the EB2-NIW without changing to H1B.

    Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.


    After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani




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  • skarthy
    11-27 04:41 PM
    Hi ,
    My wife is in this situation where she would like to travel to Canada to see her sister.
    We applied for 485 and have got out EAD( did not apply for AP, thinking of appying now.)
    She has a H1B stamping from her old employer's H1, valid till 2009. She moved to a new company and the H1 there is pending.

    Can she travel to Canada and comeback showing her old stamping ?

    Are we abandoning the current H1 if we go out while its pending ?

    She just wants to see her sister and they wont let them visit either. :(

    Thanks a bunch for your time.



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  • andycool
    12-25 07:19 PM
    Hi,

    Need quick suggestion:

    Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.

    I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.

    I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.

    Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.

    Please advice.

    V

    you should be fine ...
    just keep your AC21 documents intact...
    Have a happy new year ..dont worry,




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  • JA1HIND
    01-23 09:08 AM
    Good morning all of you:
    If you had the experience of renewing your H1B visa could you please advise how is the process?
    Thank you for any feedback .

    Isn't that something your employer should be doing and not you.....



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  • neelu
    01-12 07:34 PM
    Hello all,

    I need a clarification about the I-94 thing.

    As I have mentioned previously, my husband got a 3 year extension on his H-1 ( I 140 approval ) till 08/2009 and he went to canada for stamping since we are planning to leave for India. He drove to canada and the officers at the border while entering into canada did not take his old I 94( expired 08/2006) which was on his older passport ( expired 04/2006). While on his way back to US, they stapled the lower part of his I-797 dated till 08/2009 to his new passport (current one) and stamped on the passport. But they did not put any date on the stamp where it shows'dated till'.

    We are leaving for India tomorrow and have a couple of questions in this regard:
    1. Is it okay to have two I 94's in the two different passpots? Has it happened to anyone who drove to canada that their older I 94 has not been taken?

    2. While departing to India, which I-94 will be taken? the expired one on the older passport or the new one in the new passport. If the new one has to be taken, as it is a part of the original I-797 form, should it be surrendered to them?

    We really appreciate your answers. Since we are travelling tomorrow, we are really concerned about this issue.

    Thank you very much in advance.




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  • perm2gc
    08-30 03:03 PM
    Please help me out here.

    I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.

    To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.

    I have following questions regarding my case:

    1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
    a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
    b. If no, is there any other alternative to use the EB1 I-140 priority dates?
    Thanks!
    Mat
    Your attorney is the best bet..Dont make decision of your future on message board as everyone are not well verse in every aspect of immigration.



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  • sk76012w
    12-17 12:07 PM
    reddy77,

    Did you give mail forwarding instructions to USPS when you moved from your old address?
    I had done this online and got my AP duly forwarded to my new address. This happened about a month back.




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  • eyeswe
    05-15 09:05 AM
    Dear Sir/Madam,

    I am probably a unique case. I have a H1B that expires in Sep 2009. I work for a strategy consulting firm and as such advise clients on business/Ops strategy. Therfore most of the time I am on a client site. Recently, I moved my residence outside the US to UK. Given the nature of my work, I am able to commute to US every week to my client offices and then return to UK by end of the week. I sometimes have to go to European destinations and so UK actually helps.All through this I am with the same company on their US payroll (have US pay stubs, leters etc to prove). When I am in US, I stay at one of the hotels.
    My question to you is, from a H1B standpoint, do I need to do anything different, especially given I am up for an extension later this year. I have an I 140 approved which will be the basis of a potential 3 yr extension.
    Also note, that I get a new I 94 every week at the Port of Entry from the IO, so I have to believe that my case gets reviewed due to this unique situation

    Appreciate this offer of yours to help me.
    Regards
    Eyeswe



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  • weilai
    06-28 01:03 AM
    A friend's H1B transfer from company A to company B was denied. Since his H1B with company A is still valid and is going to expire in 3 months, he can still go back to work for company A. However, if he chooses not to work for company A and tries to find a third employer to do another transfer, is he considered out of status for these three months?




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  • augustus
    07-09 04:24 PM
    Please while protesting, Try to position yourself in ways where the society will accept you. I took sociology and learnt a great deal and I feel minorities need to find a common ground and establish themselves with a new society. Please do not make them detest us or bully us in anyway. The racial slur will hurt our Commitment toward fair immigration. Mexicans brought US flags and acted like they are " them" - the common people of USA. We should win hearts by CONNECTING WITH CULTURE and SOCIETY WHICH WILL BE HOME FOR US IN YEARS TO COME.

    COME CASUAL. WEAR CLOTHES THAT PEOPLE IDENTIFY YOU WITH. FIND WAYS A COMMON AMERICAN MAN CAN UNDERSTAND YOUR SENTIMENT. I AM POSITIVE THIS WILL WORK. IT CREATES UNDERSTANDING THROUGH ESTABLISHING SIMILARITY.

    GO WELL DRESSED, WE ARE EDUCATED. WE ARE SMART. MEN NICELY SHAVEN, GOOD CLOTHES - THAT RELATES WITH SOCIETY. AND FANTASTIC SLOGANS. CATCHY AND BOLD. RIVETING AND CAPTURING.

    Thank you. Hope it helps. A new perspective is always refreshing and glad I am able to bring to you my sociological perspective from AMERICAN school.

    PS: I know some may disagree and that is fine too. But what I feel is, we are bullied sometimes you know as " curry" "smelly indians", Dirty hindus because we slack at times and take things lightly but as minorities we need to understand we have to work harder to go into the threads of American society but at the same time keeping our values and principles in place. STAND UP AND FIGHT FOR PROSPERITY AND JUSTICE. PREVAIL THE JUST.

    PUT IT SIMPLY : MY WISH IS WHEN COMMON AMERICAN PUBLIC LOOK AT US, THROUGH THEIR TELEVISIONS OR WHATEVER FORM, THEY MUST FEEL " WE NEED THEM, WHAT A WONDERFUL COMMUNITY" AND THAT COMES THROUGH ETIQUETTE AND GOOD PUBLIC PROJECTIONS BOTH PHYSICAL PROJECTIONS AND OUR EMOTIONAL FRAME WHICH REFLECTS OUR INTELLECT AND WHERE WE CAME FROM. NO MORE BLOODY,SMELLY TAGS TO US. LET US SHOW THEM WE ARE TOO FORWARD THINKERS AS THE WESTERN SOCIETY!!



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  • clif
    06-23 12:11 PM
    How important is filing date when it comes to I-485 processing? Does USCIS process I-485s by Filing Date or by Priority Date? If it does so by Filing Date, and assuming that the dates stay current for a long time, does it mean that a person with a later PD can get his/her I-485 processed before a person with an earlier PD if the person with the earlier PD has a later FD?




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  • aamchimumbai
    02-04 09:40 AM
    Folks,

    This message is for people who left US before AP was approved.

    My wife left for India in Nov'08. Although, we received letter from USCIS that her AP application was approved there was a glitch in their system because we received a RFE after she left. Anyways. We responded to her RFE for photos and we received her approved AP in Dec'08. I left US after I received her AP.

    At the POE (Newark, NJ) the IO did ask us questions about my work, her visa status, etc. nothing major. The IO only requested for my passport/AP and for my wife her H4/AP/passport. We were then taken to a separate area and asked to wait. There were two IOs looking at our passport/AP. BTW, we both don't have H1 and H4 visas stamped in our passport. To his satisfaction, he stamped AOS on our I94 cards. The I94 expiration was one year from the date of entry. To my surprise, he gave both AP copies to me. Anyways.

    I wanted to share this experience because there are ton of people wondering what to do if they need to travel and they don't have approved AP in hand.

    Hope this helps. Let me know if you have any questions.



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  • muraliy
    09-15 12:03 PM
    I am an Indian citizen. I have an approved I-140 under National Interest Waiver with a PD of Aug 31, 2007. I am now a permanently employed scientist at a National Lab. I think I am now eligible for application under EB-1 Outstanding researcher category. Is it possible to apply for I-485 without another I-140? It will take quite some time to secure all the recommendation letters to apply for EB-1 (OR). I am wondering if I can bypass the whole process of I-140 and directly apply for adjustment of status based on my approved I-140 saving time and effort.

    Thanks in advance for any answer.




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  • dixie
    06-09 01:36 PM
    Hi All,

    I have a question. I have a Master's Degree and have 3 years of experience in my field (Civil Engineering) Now lets say for some reason I want to go back to India and come back after few years.

    If the Comprehensive Immigration Reform Bill is passed, then my question to you guys is.....

    WILL I BE ELIGIBLE TO FILE FOR GREEN CARD CONSULAR PROCESSING (BASED ON STEM DEGREE) FROM INDIA?
    We are neither immigration lawyers nor USCIS officials. They are the only ones competant answer to such questions. Anyways, the bill mentions nothing about having "experience" in your field .. what is required is to be working in the US for the 3 years preceeding your I-485. Everything else is immaterial.
    But now is not the time to be dreaming and counting unhatched chickens IMO.



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  • ash0210
    03-28 02:34 PM
    Also, if at all we are supposed to call, at what time? CST/EST?

    Core Team please advice.




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  • saimrathi
    07-19 02:57 PM
    Please check if threads on similar issues exist before creating new threads...There are lots of threads on this issue.. the best way would be to check http://www..com/ ..Thanks.




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  • EndlessWait
    01-13 12:01 PM
    ???




    let007live4ever
    06-22 10:01 AM
    Can scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?

    Thanks




    sve0390
    09-29 01:52 AM
    Q : Will this affect my ability to travel?

    Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.

    Ok so no travel unless you have AP...right?

    We decided to wait until we received our I-485 notices (got them) or the AP (not yet).



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