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  • austingc
    04-29 05:42 PM
    I have a couple of questions regarding H1B.

    My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.

    The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).

    Is this true? any ideas?





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  • CaliGC
    06-15 04:31 PM
    see the reply
    Any reason why your case was transferred to local office? Our PD is becoming current on July 1st do you recommend me taking an appointment and visiting the local office? please suggest.

    Also, please elobrate the interview information you had, and what you carried for the interview.

    TIA.





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  • smuggymba
    12-05 09:37 AM
    Hi All,

    We wish to apply for PIO card for our 5 month old baby at the Washington DC Indian Embassy.
    The application and the supporting documents are all in place.
    We have to drive 3 hrs to the Indian Embassy.
    Since the weather is not very co-operative, i was wondering if it's absolutely required to take the kid to the Embassy? I would like to avoid taking him if possible.

    Also, a minor question - how do you manage to get the thumb impression. Where can we get the ink pads required for the thumb impression?

    Thanks All.

    If in no hurry, mail the docs and pay the tatkal type fees. I used the office marker for the thumb impression, try on some other piece of paper first.





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  • SFGREG
    February 2nd, 2004, 10:53 PM
    Hi,
    From an old time NIkon user with of all cameras the N70 (sort of ironic). I currently own a canon dig camera (s50) and I have found the need for a better optical zoom range, and stronger flash.
    Almost bought the new canon rebel, but since I own some nikon equipment, and heard about d70, I held off.

    So, the questions:;;

    1) Will I be able to use my Nikon AF Nikkor 35-80mm lens?
    2) How about my Sigma 70-300mm apo macro for nikon?
    3) I also have sb26 nikon flash?

    Are these all usable? WIll I be giving up functionality with these lenses or flash? Obviously, I'm more willing to spend 1k on the camera if I can utilize my current investment in my lenses and flash.

    Thanks
    Craig



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  • sac-r-ten
    06-02 11:26 AM
    All the guys waiting in Canada, you can ask your passport and all other papers back from the Consulate and return to India and try stamping there.

    I have heard cases where people in india went for stamping and since they were put on Admin processing, took their passports and returned back on AP. Well, they had AP to fall back. But i think if you are too much worried staying in Canada, better to ask the consultate to return back all papers and passport and go back to homeland and try stamping there. Atleast you will be less worries in homeland and have a good time with family back there.

    Just my 2 cents.

    Good luck my friends.





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  • vrbest
    03-23 10:55 AM
    I did first time AP early Feb.. I just put in a date in May and got the AP in 3 weeks (though my online status still shows received and pending).. Document listed by godspeed is what I also sent. hope this helps!

    Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"

    And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?

    I would highly appreciate your help!
    Thnaks in advance!



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  • lostinbeta
    10-20 02:13 AM
    Very nice as usual edwin :)





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  • bluekayal
    08-21 07:16 PM
    To the red dot distributor

    You said to me:

    "Doesn't make any sense....let them then work on the SRs instead of answering calls...bottom line is that pointless calls are taking time away from real work."

    These calls go to the IIO (ay-ay-oh!) not to adjudication officers. Now, why don't you stop distributing red dots? So rest easy, your GC will come when it will, red dot, or no red dot.



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  • usdreams
    05-28 11:05 PM
    Hi kzinzuwadia,

    My infopass went well, in fact, it was good that I took it, the IO told me that due to some error on their part, my file is no longer with them, it was sent back to the main office, she requested my file back from the other office & they will process once it comes back, which takes approx. 2-3 weeks.

    Due to that we didn't get my Wife's GC in the court, the IJ told us that since the primary don't have GC, she can't get it. Now we will have to wait another 5 months for her GC.

    Does anyone know if the court date can be moved forward if I get my GC ?

    Thank you kzinzuwadia.





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  • desi3933
    08-26 12:33 PM
    Hey all,
    .........
    .........
    .........

    They told that the temporary visa is valid for one year and if I dont get the GC with in that time frame I should contact the local office then.

    Job done.

    Guys this forum was helpful to gather information and I wish all the very best for the ppl to sail smoothly and get their GC.



    Congrats!
    What is your PD?



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  • LostInGCProcess
    01-08 10:44 AM
    I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
    The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.

    I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.

    edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.

    So, Please don't over do. just give only the document that is asked for.





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  • zCool
    03-21 12:20 AM
    I think relevent part here is Q 1.
    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it�s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A above.
    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
    by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
    --------------------------
    If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!



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  • crystal
    09-14 03:39 PM
    are we not aliens?

    i hear as if some aliens are speaking .





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  • malibuguy007
    02-06 05:38 PM
    I don't know where you are but as far as California is concerned, most non-compete clauses are not enforceable.



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  • singhsa3
    11-15 09:39 AM
    Simply and bluntly put

    IV is we. If you are not there , there is no IV. We are in agony and pain. Let us scream so loud that even deafs may lend their ears.

    What is at stake is you career. We have every thing to loose by doing nothing. I know, I have lost a whole lot. Probably I were better off moving to India after my MBA. I might have been doing much better there. But I am at the point where I cannot let got without trying. Have you reached that point yet?

    Here is my personal story, if you think you can do better here without the Green Card. Think again! I have been slogging in this mess since 1999, even though I have world class qualifications (Full time MBA from a top US school, several years of work experience, PMP and marching toward CFA). All this are futile , if I don't have that stupid work permit with out any strings attached (Green Card)

    Yes I do have EAD. But it is full of restriction. At least let us work together to remove that restriction..

    I don't want any freaking loosers. Loosing is their nature. I want winners to work with me. Are you the one?





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  • abracadabra
    01-16 04:44 PM
    According to my attorney it is always best to be on H1 if the new employer is willing to do and invoke AC 21



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  • mysticblue
    08-20 02:42 PM
    just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.

    But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.

    Fortunately, the situation has improved now. I just got to know from the USCIS site that my H1B transfer to Company B has been approved (Current Status: Approval notice sent.). So I think, I may now be able to directly transfer my Visa from Company B to C. However, I came to know that my current employer (B) takes a long time to hand over the approval notice to the employee (about a month). I don't think Company C can wait that long for initiating the new H1B transfer. Also, the termination deadline of August end from Company B still remains, which means that I have to transfer to C before end of this month.

    1. If getting the approval notice from B gets delayed, can I use the receipt from B to transfer my visa to C ?

    2. If not, is there any other alternative I can go with ?





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  • japs19
    01-07 02:57 PM
    thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009

    As long as you work for the same employer with same title and job location, you don't need H-1 stamped. If you have a valid approval (I-797) you can enter the country on H-1 and not worry about AP or EAD. But just to answer your question, if you use AP to enter...you won't need to use EAD. If you do use EAD then you are out of H-1 status. AP will let you keep H-1 status.

    I am not a lawyer so it would be best to consult one.





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  • pointlesswait
    09-25 10:36 AM
    can IV focus on this...instead of the recapture?

    am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!



    excellent.. if this happens!!!!





    myeb2gc
    04-27 10:03 AM
    Hi Ram,

    My employer company is smaller one, 15 only.
    And no marketing, but he is good giving me incentives.
    I am planning to go with bigger consulting firm so that they can market me well and .....
    So i am thinking of change of employer.

    So are my earlier 3 questions.





    waitnwatch
    05-17 11:39 PM
    The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?

    I think you are getting slightly confused here. The thing under discussion in this thread has always existed as a clause in the bill and is nothing new. The F4 is a separate provision which was struck down today. The 3 year for STEM provision still exists separate. Please have a look at the details of the bill. It should be available somewhere on this website.



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