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  • TomPlate
    02-03 02:54 PM
    I am going to travel to India.

    I am in H1B and have valid Advanced Parole and expired EAD.

    What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.

    1. 485 Receipt Notice.
    2. Copy of 140 Approval Notice.
    3. Employment Verification Letter.

    Anything else? Please let me know.





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  • pappu
    04-10 02:21 PM
    Active members are requested to urge others to update their profile details for the tracker. If you find someone's profile has fake details, please give them a red dot.

    Admins go through users with most red dots occasionally





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  • shahsahil
    04-17 12:31 AM
    Hi

    I am new to this group. I have a question regarding my PERM case.
    MY PERM case is pending in DOL from last 10 months. I find this very
    unusual.

    Anybody heard about such a long pending case?
    Are there any suggestion for following up on my PERM case?

    Any advise will be useful.

    Thanks
    -Sahil.





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  • chanukya
    05-17 10:55 PM
    Sorry about my statement, I stand corrected, if you are US Masters and above plus member of profession, you still are not exempt from LC Process, however, special handling of LC in your case will take place, like the measure by DOL will be looking for US Citizens equally qualified ratehr than able, willing and qualified.

    USCIS Section 212(a)
    (5) Labor certification and qualifications for certain immigrants.-


    (A) Labor certification.-


    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-


    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and


    (II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-


    (I) is a member of the teaching profession, or


    (II) has exceptional ability in the sciences or the arts

    (III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.


    Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...



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  • kurtz_wolfgang
    08-15 12:54 PM
    your description is pretty vague. please provide more details of the precise job description in the labor petition, and the occupational classification code in the application.

    Hello GCGreen,

    My labor mentions System Analyst (Oracle EBS). And I am looking for a job with similar title, but with different skills (Java/J2EE). I can have the same occupational classification code not a problem about that.

    Hope this information is ample for you to give me some advice.





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  • ArkBird
    06-24 06:07 PM
    Even though your wife is not taking salary, if she is owner of the business, she is considered "paid". In the worse case scenario, your wife will have to stop working till you get EAD or you can use protection 245(k) i.e. illegal employment for less than 180 days.

    If it is VERY critical, I suggest consulting a lawyer as most of what we post on this forums is personal knowledge and may not be the actual law! :)

    Cheers

    ArkBird

    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance



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  • svr_76
    06-17 03:04 PM
    I had mine today. The Officer answered the following questions-
    1. Assigned to Officer - Yes
    2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
    3. No transfered/interview scheduled.
    4. Opened up a SR for me for followup.





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  • gcisadawg
    04-07 05:06 PM
    sam_gc,

    Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.

    There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!

    Rgds,
    gcisadawg



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  • martinvisalaw
    06-29 05:14 PM
    Hi Martin,
    Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.

    If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.

    I think you'll find the answer in the FAQs on my website. I say there:

    "You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94."





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  • sonu
    10-06 10:02 AM
    Hi,
    I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.

    Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.

    Thank you for any kind of input.

    I am in the same situation as your, USCIS website shows that my wife's AP approved and mine is still pending at TSC. I called USCIS yesterday , they told me to wait for 90 days from notice date.



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  • Norristown
    10-15 07:47 AM
    You are correct Chandu !.
    My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
    Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
    I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!





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  • glus
    07-11 11:01 AM
    Hi Folks,

    Just thought I'd share with the group, I recently received my I-140 approval. I did it premium processing through the Nebraska service center (I think) and the application was approved in 3 days (!) - submitted 06/25, premium processing fee check cashed 06/26, approval 06/29.

    Now if only they had premium processing for I-485s ! (I was impacted by this recent visa bulletin thing unfortunately ... my PD was current in June but now I have to wait till Oct to file I-485 ... sigh).

    - GS

    I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.



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  • chalamurariusa
    04-29 09:28 PM
    Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.





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  • antihero
    11-26 01:15 PM
    You won't have any issue with Indian Emigration officials in India. They are well aware of advanced parole as a means of entry to US.

    Thanks for encouraging words. So can you confirm that the reentry to US does not require any other visa if one is carrying I-485 receipt and AP?

    Also, can somebody who traveled in such a share the experience with me?



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  • prem_goel
    12-03 10:24 PM
    I have...
    Frist stamp from INDIA (home country),
    2 Visa Stamps from Washington DC
    Last stamping from Matamoros (Mexico)
    Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?

    YEs, but I am not a lawyer. Secondly you should refer to the US Consulate at Tijuana's website for the latest rules. I believe as of now, you are since you have 1 stamping from your home country.

    I met one guy during my stamping who had the same situation and he got approved. You have to show them the india stamping though, else they might get confused seeing your other stampings. Initially they said to him he was not eligible, but when he showed them his first India stamping they let him in.





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  • prinive
    12-21 01:41 PM
    What is that "Million $$$ drive". I did contrubute to omini bus 30K drive. But I havent heard of this drive?

    Have you contributed to the MILLION dollar drive? Please visit the funding thread!



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  • savitri.bhave
    07-06 10:30 AM
    Jayant,

    Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

    Once again thanks for the advice. Let me rephrase my question:

    (a) At this point can I file for PERM processing (five months left on H1)?

    (b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

    (c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

    At this point, I am loooking for extension of one year. Is there any way I can do this?

    Thanks a lot again,
    Savitri Bhave





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  • Sp�rL
    05-10 08:55 AM
    Yes i have Microsft Visual Studios C++ 2005 (i think its called that)
    but i dont have any of the help files :( lol

    but ill give looking at the coding of a precoded Win32 app a go.
    otherwise more hard work to find things out. :(

    peace out.





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  • desi3933
    06-23 12:38 PM
    Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more

    A

    This is correct.

    However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.

    The only requirement is the other I-140 must be approved and active
    and it must belong to same beneficiary.

    Not a legal advice.





    joydiptac
    03-13 02:11 PM
    Chorke na jao saiyaan... :D
    CONGRATS buddy!





    dionysus
    01-24 11:37 AM
    Filing for I-485 is better as after six months, the employers can not do much. Disagree with this post altogether.


    Of course it is better. I am not denying that. But is it an achievable goal? Is this goal likely to be reached in next one year?

    Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.



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