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  • 4move
    10-12 07:29 PM
    I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.





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  • IAspire
    02-20 11:54 PM
    Hi All
    I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.

    I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.

    What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?

    Regards
    IAspire





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  • ImmigrationAnswerMan
    06-30 12:36 PM
    Changingjobs:

    You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.

    Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.

    You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.

    I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.





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  • WAIT_FOR_EVER_GC
    09-05 09:12 PM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.

    Here is the scenario
    When you left the country you must have handed your I-94 to the staff. This information
    will be in the system, when you arrive here on GC they may let you in without any problem or can question you how you are approved while being out of country.

    AOS(adjustment of status) means that you are adjusting from H1-B or whichever visa you have to permanent residency. For this adjustment you have to be in the country.
    If you had opted for conseller processing than things would have been different.
    You applied to Adjust within the US. here is where the issue is....

    Consult a good attorney before taking a step, because in the long run when you apply for your citizenship they may refuse it and send you back.



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  • shirish
    07-31 04:00 PM
    Hi

    In my case, I used AP to enter US last year on oct 22 08. I-94 has a date of oct 21 09 so does the parole stamp. My AP has expired in Jan 09. I am NOT planing to go out.

    My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?
    Thank you in advance.





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  • Saralayar
    10-10 03:44 PM
    November's visa bulletin is a wild card. Can expect anything.
    Something or Nothing...:D:D:D:D



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  • Ennada
    01-20 01:37 PM
    This looks great.....good work.

    :)





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  • ita
    09-16 01:27 PM
    Hi palemguy,

    Could you please post or mail the # that you called to find out about your NC? Is it TSC/NSC?

    Thank you.

    Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.

    One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.

    We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?

    I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.

    Is any one got the similar response?
    Please share your thoughts on this

    Thanks,
    palemguy



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  • kshitijnt
    03-04 05:05 PM
    congrats buddy. Atleast some good news in a string of bad ones :)





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  • indio0617
    01-30 10:28 AM
    It should not be an issue. I know several people who have done this on a regular basis.

    You can re-enter the country with an unexpired H1 visa stamp and by showing the new I-797. Change of employers does not invalidate a H1 visa stamp.



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  • haider420
    03-04 01:01 AM
    Mr Haider

    Please give the entire facts of the case before asking for advise.
    1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
    2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

    Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

    either way we need more details to help you dude

    - cheers
    kris

    i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(





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  • valuablehurdle
    09-11 04:15 PM
    http://www.livemint.com/2007/09/11122655/Indian-IT-professionals-in-US.html



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  • dupedinjuly
    07-17 06:00 PM
    Thats right. We have won a battle. We need to win the war. The visa numbers need to be recaptured for all the july I-485 to be finally adjudicated.
    We need to celebrate but focus our energies on recapturing visa numbers going forward.

    Guys -

    Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.

    NumbersUSA is reporting this in their website. Please we need to mobilize soon.





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  • waitin_toolong
    10-29 02:13 PM
    H4 people used to use TaxID instead of SSN in their tax returns (joint filing for ex.). What do they use when they get SSN after EAD ? Do they use SSN or just the Tax ID. Is there any requirement that they inform IRS that they got SSN and start using it instead ?

    If you read the letter that came with ITIn it says that when you obtain SSN then send a copy of SSN and ITIn to IRS informing them of the change.

    Till last year changing to SSN required paper filing of taxes, but now has made a provision in e-filing to accomodate the change, but I would personally give plenty of room (time wise) to avoid any bugs that might be there in the system.



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  • lazycis
    02-12 04:21 PM
    My company is downsizing for sometime now...and I can be next.

    In that case can I move to EAD in the given situation ( as above) ?

    Of course you can move on EAD provided EAD is current.





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  • JunRN
    12-18 04:37 PM
    I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:

    An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.

    Therefore, yes, an approved I-140 can be reversed and denied.

    Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.



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  • sk2006
    05-25 01:21 AM
    My Employer is not paying me salary even I am on Project.
    can any one please tell me that how to report to DOL about this company.

    AGT

    Would you please care to update your profile?
    It appears you created and ID just to post this question.





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  • betoaguirre
    01-03 01:16 PM
    Hello friends:
    I am also insterestred in joining the OK state chapter and start taking some action. I am a restrogression victim as probably you all are.
    What to do?
    Thnx...





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  • srinivas_o
    08-24 02:27 PM
    Bump





    Blog Feeds
    02-08 06:10 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhQqzCkZUgre72t8K1xzNw1Es2rypCZSvYVgMrb7iGa3yb1KQ5O7k-Vw2kd32FX1nX4bB2Q33HYd46Fab7PifgOmStUSxIjb4luKPLuXh1Z1fynzludVT4LaGDNx0VBLziqQYylncKIpFc/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhQqzCkZUgre72t8K1xzNw1Es2rypCZSvYVgMrb7iGa3yb1KQ5O7k-Vw2kd32FX1nX4bB2Q33HYd46Fab7PifgOmStUSxIjb4luKPLuXh1Z1fynzludVT4LaGDNx0VBLziqQYylncKIpFc/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
    The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!

    If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!

    It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.

    When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?

    These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)





    amitkhare77
    09-30 09:02 PM
    my wife's case was little different, Most of the time they(SSN office staff) don't know the procedure. It happned to my wife who entered US on H1B and we went to SSN office 3rd day after her arrival. The representative told us to wait 2 weeks and then apply as shw can't pull the data, we went very next day and told that we have called the office and they said there is no such rule to wait, the representative should accept your application immidiately. the lady took our application and guess what - less than 2 weeks we received SSN card for my wife.
    My wife's H1 got approved & it is valid from October Ist. When she went to Social Security Office today 9/30 - they denied saying they can't pull up her information in their system (from INS) & hence they can't issue the SSN.


    She was carrying her I-797 approval (along with I-94).

    Anyone else faced a similar situation ? Any suggestions.



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