Friday, June 10, 2011

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  • andycool
    12-28 10:10 AM
    Hi all...thanks for taking the time to help me out...URGENTLY need advice based on your knowledge or experience...

    I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.

    My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and

    (2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?

    PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.

    Any information in the next 12-24 hours would be greatly appreciated.

    Thanks all, Vick
    Bookmark and Share

    Do you still have the I 94 which came with I 797A ?? if you have that just give that i 94


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  • bajjuri77
    05-15 10:12 PM
    I am also in the same situation and I asked my attorney. He said that if we can get notarized affidavits from Parents then it is sufficient. So get the format from your attorney and get it signed by your parents. They need at least 2 affidavits who were present at the time of the birth.

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  • dealsnet
    07-28 11:09 PM
    I have got LUD on my AP (approved last year) on 7/27/08 (sunday).
    My GC approved on 7/7/08.
    I don't know any significance about this LUD'S

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  • Bogdan
    10-22 01:15 PM
    I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.

    Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.

    Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.

    However, as I said, I did not sign any I-9 to confirm the H1B status, neither I did for the EAD (employment based I-485 pending). Given this circumstance, do I need to re-validate my H1B? I guess HR should have asked me to complete a new I-9 for the H1B. I am thinking USCIS colects the I-9's periodically so that they know how I worked, am I correct?


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  • ski_dude12
    05-03 01:21 PM

    Your advice in this case would be very helpful. Consider the following scenario-

    1: I am currently on an approved H1 extension (3 years) based on approved I-140 and I-485 filed (with dates not being current).
    2: What happens to my H1 if the I-485 gets denied?

    I guess in short the question is-

    What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?

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  • mrane1
    09-06 01:50 PM
    Same thing happened to me... My wife received her notice first... I didnt receive it for almost 2 weeks after her... called USCIS... IO told me a FP was not issued for me at all, and I have to wait 30 days to receive it :mad:... checked my mail box the same day it was there!:D


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  • bheemi
    04-03 09:56 AM
    HI Admin,
    I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this ammendement thru somebody...Just want to know..


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  • Libra
    07-09 02:09 PM
    And many senior citizens die alone in their homes, nobody knows even after days....

    8 Million elderly americans live alone....

    p.s. sorry not a legal immigration issue


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  • gc_on_demand
    12-09 11:04 AM
    Is there any hope for us...

    If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )

    so to me either dream act will pass as alone or will not.. depends on cloture vote.

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  • horscorp
    02-06 08:29 PM

    Thanks for your response, really appreciate it.

    I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.

    I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.

    Hypothetical (and probable) scenario:

    She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.

    Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.


    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.


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  • anilsal
    12-05 12:09 PM
    I see some of the posts about lawyers screwing up..well if I go ahead telling my story in detail, of how he messed up my H-1B filing, people would be amazed. His law office on my qualifications specified "Masters of Science in Science" based on which USCIS sent a simple RFE to specify more about my degree in the US, and to which he didnt even file the reply on time and my case was closed by USCIS. He personally informed me a reply has been filed, which never was due to the way they handle work in the office, I presume..It was anyways a mental harrassment as I not only took advice from 5 different lawyers and had to refile an H-1 and get out of the country to get an I-94.

    I think the way some of these lawyers are working, we should ask for things as minute as FEDEX or UPS tracking receipts. Just my two cents.

    do not name law firms in your posts-- admin.

    That is why the online case tracker from USCIS is important. Get the receipt numbers and you can track as to what is happening - RFE, approval, denial etc and they can email when the case status changes.

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  • webm
    12-17 02:35 PM
    2001 - dot com bubble burst;
    2008 - finance bubble burst;

    Well said..:D


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  • rangaswamy
    06-25 05:07 PM
    Went in on Friday to get the name change done. I will get it back on 9th July about 11 working days thought web site claimed 6-8 working days.
    For 16, take a copy of what ever visa you are on.. H4/H1 etc.
    Column 31 should be left blank as its a name change.

    PS use new signature below photograph for new passport. Also new name should be filled in the form.

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  • amitjoey
    10-26 01:33 PM
    The only people that know what we are going through and how much we have had to suffer becos of this backlog is us (the same people). Unless we open our mouth outside the IV Forum, talk to our congressmen/women, how can we expect relief?


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  • Misha79
    03-27 05:45 PM
    Hi all ,

    Me and my husband are planning india trip in jun or july this year for 2-3 weeks.We both need to get our visas stamped in New Delhi .
    We are short on time and our native places are far .So to save time and keep the window for passport arrival if approved or any problems ,postal delays..I was thinking to get visa-interview-date the day we land to delhi.
    So here is the probelm,travelling with heavy bags ,international baggage is unsafe and difficult.
    What would be the travel tips ?
    Our plan is-
    1.To stay in some hotel in delhi the day we land( if we reach in evening) and go to stamping next day.
    Where to stay? Should we go to consulate with all international luggageand directly travel for native or keep in hotel room, come back later for it ,is it safr options?

    Traveeling is also difficult

    2.Then for there on ,what transport ,bus,delux bus,train ,or flight to take to chandigarh.
    what ever is easiest for us ?
    For regular bus(i know is pretty fast,5-6 hrs) ,we have to go to ISBT and keep lugaage on top of bus...i dont know about seats...availability .

    For deluxe, never travelled so need tips.
    Or better to take train ,go to railway station.

    I dont know if domestic flgihts allow that much of baggage option, do they allow international luggage ,something like through checkin.

    Please throw in your valuable suggestions to make our trip easy and better usage of time.

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  • upuaut
    09-15 07:34 PM
    Ha!! great to see it worked for you right off the bat. I'll have to check out that feature once I get MX.

    It is, by far the biggest pain in the butt effect I've seen done which contains absolutely no action script.


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  • kishdam
    10-18 05:08 PM
    My employer is not giving me copy of Labour certificate. I know all numbers. Do I need a copy of AC21

    I'm not an expert but thru these forums got the understanding that you dont need a copy of labor cert (if you have its even better). Most employers dont share that anyway - except maybe the desi consulting companies (we may not like them but sometimes for GC purposes I feel that they are ideal companies - atleast they understand what we are talking about).

    Regarding I140 - I am not sure but saw conficting opinions - some thought its OK even without a copy of this one too but some suggested its better to get one. In any case having the case numbers would help I guess.

    Is I485 receipt may be needed.

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  • Madhuri
    01-27 05:13 PM
    All the threads related to contribution are so dead. It's the hard and sad TRUTH that after so many requests, people don't want to contribute....moreover they are fighting with each other. BRAVO skilled immigrants. If only 'some miracle' happens, people might consider contributing.

    Today I need to travel back to India for emergency reason. I had a ticket available, but could not start since I need to book appointment for visa stamping. It will take at least 3 more days. I wish I had AP. I know everybody living here has to go through this some time in their lives, they can not be with their loved ones when it's warranted.

    Guys please wake up and contibute....time is running out fast. Our future is in our hands, nobody is going to help us.

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  • fromnaija
    07-28 02:25 PM
    If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

    Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

    If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

    If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.

    05-19 11:58 AM

    03-09 08:09 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

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