Saturday, July 2, 2011

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  • Becks
    01-25 03:44 PM
    You cannot travel and enter US with expired AP. Please renew your AP. Stamp on AP cannot make any difference as per my knowledge. You will have your I-94 also with same time stamp.

    Hi All
    My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
    Can I travel on this document?
    Please advise.
    Thank you.




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  • abhisam
    08-18 01:24 PM
    there are 2 scenarions in the situation:

    1. if the petition was not selected through the lottery system , you lawyer must have got the entire package back alongwith the application fees. He would have recieved this package in May itself.

    2. If the petition was selected through the lottery system, you lawyer must have recieved reciept notice stating that USCIS is processing the H1-B petition. If the petition was filed properly then your lawyer will recieve the approval before October (most of my friends have already recieved their H1-B approval notcies)

    If the peition was selected..you can ask your lawyer for the reciept notice number and track the progress of the petition on the USCIS website.

    Hope this helps.




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  • http404
    07-17 10:32 PM
    I got myself in somewhat of a mess here and wondering if there is any solution?

    I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.

    She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.

    Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?

    Thanks.




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  • jasmine182
    07-04 02:21 AM
    Hello,
    I wonder if there is anybody who could help me with my questions about the diversity visa in US.

    I was among the randomly selected people for DV 2009. Currently I am in US with F-1 visa. I learned that I am eligible for Adjustment of Status. Do you think it is reasonable to process my files in US or should I go back to my country?

    What kind of documents should I fill in? Also I need to pay the filing fees (for I-485 $930 for example). Are there any other costs? I also read that there is a medical examination report, how much could it cost to me?

    So after reviewing everything what will be the best decision for me? I asked an attorney but he didn't have enough of experience to help me, and I can not afford one more attorney.

    I will be thankful if somebody could enlighten me on these.

    Thank you very much.



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  • hazishak
    07-31 11:30 PM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.




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  • jonnalagedda
    06-24 07:11 PM
    I do not want to renew the advanced payroll, since I do not foresee travel within the next 18 months overseas. Is there a way I can skip the renewal this time around (1-year extension) and renew it the next time? If there is an emergency, I can still go to India and have the Visa-stamped since we have a valid H1/H4 right?
    Are there any risks here?



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  • chanduv23
    10-20 09:10 PM
    Folks!

    Like me all July filers would get off the H1-B hook come this Jan. I am assuming everybody would use newly gained freedom of EAD to switch employer or jobs. So far, not many employers like to get involved in H1 hassels ( espcialy in midwest), so recruiters had good business by hiring engineers at low rate and syphoning off majority share of the pay check.

    But now, with 180 days (less than 75 days) limit over, all EAD holders are free to switch employers of jobs ( I know in same or similar capacity ... but that's not the point). The point is what would be the effect on current business contracting companies have? What would be the effect of EAD on their cost models and consistent revenues?

    Not saying they would cease to exsist, as H1B's would still need them. But isn't new and bold demands from engineers like me going to affect their margins? ...What do you think?


    It is true with Tri State hiring agencies also, all top tier firms with direct clients are trying to reduce layers by directly enrolling you on EAD - so come January - we will see a lot of people jumping.

    Thsi is healthy for the candidate. H1b shops will have their own ways of doing business and will deifnitely see some challenge




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  • Blog Feeds
    12-18 03:40 PM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.



    More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)



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  • pune_guy
    06-05 06:14 PM
    Hi Guys,

    In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.

    What number should we write? I-485 receipt number or receipt number for last EAD?

    Can someone please respond?

    Thanks




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  • glosrfc
    10-31 08:43 PM
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  • Buickkadar
    05-11 01:31 PM
    Hi

    I have an urgent query. Please help.

    I was laid off from my company AA during last week of March-2010. I have not yet singed the lay off letter. And I was rehired by the same AA company on second week of May. I have valid I 94 for next 2 years. But my visa got expired. I was out of payroll for a month. I dont have last 2 payslips.

    I have joined the new client through the AA company few days before. My AA compay is asking me to go my Home country and get my Visa stamped and come back. Is there a way that I can continue the employment here without travalling to my Home country at this point ? Are any other better solutions / ways.

    Immediate response highly appreciated.

    thanks
    kadar




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  • eb3_nepa
    02-25 09:29 PM
    Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.

    Is it possible for someone to post a link to the same. I have tried looking and found nothing.

    Thanks



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  • f1USvisaholder
    08-08 06:02 PM
    Dear Madam,

    My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..

    Regards,
    -AShu

    Hi Ashu...

    We have not done anything to my passport yet. We initially thought of getting my name changed but for now we have kept it in the "to do list".. Not sure when will be able to get to it...




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  • MrWaitingGC
    12-08 07:56 PM
    I suggest dont change till you get your GC.

    If you end in Name verification loop you will be furthur retrogressed on top of this retrogression.



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  • starving_dog
    09-02 06:11 PM
    Legalese for "We have no clue what is going on. Please bear with us for the next decade while we figure it out."




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  • malibuguy007
    05-04 09:11 PM
    If you are on H1 then the ticket should be provided for by your employer - that is my understanding of the law.



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  • fatjoe
    09-06 01:43 PM
    I'm in the same boat at NSC. My EAD/AP(Aug 10) got cleared, but I do not know what happened to I485(July 18) appln. I called uscis, they asked me to wait for 90 days. Pls let me know if you nay updates.




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  • GoGetGC
    02-19 09:49 AM
    Hello,

    My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.

    I have to visit my home country in May 10 and i wanted to go with my new h1b documents.

    Can you please suggest if i can file now or is there really a timeframe before we file?

    Sorry forgot to mention, I have approved I140.

    Thanks for your time and suggestion!

    GoGetGC




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  • gc2
    01-11 07:53 AM
    I was in similar situation sometime back. It seems that CP is tied to I-140 (not 485) thus primary applicant is only eligible for CP. Check out visa bulletin date progression for family class - these are catching up with EB2 dates. I would imagine when you get your GC, you could apply for dependents in family class and expect to have the same cleared in a year or so. Again this is purely speculative.




    Cheran
    09-18 12:58 PM
    It all depends on their background check and security requirements.

    As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).

    I know contractors who work without citizenship, but for a employee it looks like US Citizenship is a basic necessity. Do you have any first hand knowledge? Thanks in advance.




    chanduv23
    10-25 03:58 PM
    Dear IVans,

    Attorney Prashanti Reddy will be addressing the proud Immigration Voice members at the New Jersey event being held at Woodbridge, NJ on Sunday, October 28th, 2007.

    She is a active member at AILA and is involved in a lotof pro bono work and works for a lot of non profit organizations like "Trial Lawyers Care" and "Maanavi"

    She also conducts free chat sessions at the popular "telugu" language portal www.telugupeople.com

    Please find her Chat Transcripts at

    http://chat.telugupeople.com/chatshows/

    Her website is http://www.reddyesq.com and she is a proud supporter of Immigration Voice.

    She is willing to answer our questions and as part of Immigration Voice Protocol, we will be moderating the questions.

    If you have not yet signed up for the event do so, right now. Follow the link

    http://immigrationvoice.org/forum/showthread.php?t=14671

    Please post your questions on this thread, if you are attending the event.

    Yours,
    Team IV



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