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Friday, June 24, 2011

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  • Raj Iyer
    02-24 02:37 PM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.

    Hi:
    Do you have any arrest record? DUI or anything like. If yes, theat may also lead them to issue administrative processing request.





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  • new2perm
    12-29 10:01 PM
    EB3 - Priority date 06/06

    Filed on Aug 17th @ Nebraska service center. Received EAD. AP status pending.
    Finger printing done on 12/08.

    Soft LUD on I-485 for self and spouse on 12/10,12/11,12/15,12/18,12/28.

    LUD on approved I-140(approved 10/06) on 12/02. Received the 'Your application has been approved....' email from CRIS too on 12/02!!

    This is getting me really tensed :-(





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  • vbkris77
    04-13 11:06 PM
    Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4


    (b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-


    (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;


    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.





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  • Wish_Good
    06-23 06:03 PM
    Hi Prashanthi,

    Thanks for your Service,

    Right now Iam also trying to apply one more H1 extension (my present H1 is valid till July 13, 2009) --with the same employer.

    Please advice me.

    Thanks a Lot in Advance.



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  • jack_suv
    07-20 10:33 AM
    Hi all,

    As one reply pointed out,

    AC21 portability means you retain the same green card application i.e. labor, i-140 and i-485 after 6 months of filing i-485 and i-140 is approved.

    EAD is a way to get a job. Obviously using EAD is easier than filing H1.

    So you can use AC21 by using H1 and still retain spouse's H4.

    You can also use AC21 by using EAD but at that point your spouse's H4 is gone out of status.





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  • dpp
    06-28 02:52 PM
    Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right


    Its wrong. Please check with other senior attorney. It is going to be a problem if you used like that.



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  • Madhuri
    02-19 04:58 PM
    I came back on Feb 17th from India.
    My visa expiry date: Sept 2009
    PP expires July 2009

    I -94 I got is till July- 99
    The officer mentioned since my PP expires he is issuing I-94 only till PP expiry date. This was in LAX. I did not argue, I think I should have said something after reading all these posts.





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  • adde72
    06-14 09:59 PM
    Dear Friends,

    Please excuse my ignorance, but I don't know what AC-21 is. Can someone please give me some idea?

    Thank you.


    Next week is the time to talk more about AC 21 . This week lets complete all the work to file the petition

    Long Stroy in short form with the rules underlying AC 21 act
    If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD



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  • dpsg
    03-24 02:51 PM
    Folks,
    Can someone verify these numbers are correct. If It is skewed
    I will call Ms Rosemary to correct them.

    http://www.numbersusa.com/PDFs/Sense...Comparison.pdf
    http://www.numbersusa.com/PDFs/Sense...umbersComp.pdf

    Thanks,





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  • MArch172008
    07-02 12:34 PM
    My wife name in not mentioned while applying I140 , how does it imact?
    Can i add her while applying I485



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  • misha
    07-12 01:13 PM
    Question for July I-485 filers.
    Did anybody receive I-485 July Rejection Notice by mail?





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  • belmontboy
    05-26 08:03 PM
    just now finished taking an appointment to chennai consulate. while it was painful, i didnot get any errors like you mention.

    you need to save and submit the application.
    it then takes you to a page where in you need to confirm how you want to receive the passport
    once you select that you need to click on "continue" which will then take you to calendar where you can choose your specific dates.

    i used IE

    btw, make sure you type all addresses in one liner. if you try to indent [splitting in multiple lines] it doesnot showup in pdf form [shows only first two lines]



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  • sobers
    07-26 11:38 AM
    Team IV:

    A number of immigration provisions are being attached to the must pass Iraq Spending Bill. Is it possible to explore attaching the SKIL Bill or atleast one or two temporary relief measures (like I-485 filing)?

    If it requires additional funds, I think members will contribute in no time. What do you say guys? Senators are helping out illegal and low skilled workers, isn't it time to give some relief to LEGAL, HIGH SKILLED workers?


    ===========



    http://www.denverpost.com/nationworld/ci_2663758

    Washington - Senate Democrats and Republicans reached a deal Friday on how to handle immigration issues attached to a measure paying for U.S. operations in Iraq and Afghanistan.

    The immigration measures spilled into the Senate's debate on an $80.6 billion military spending bill after the House included measures in its version to deny driver's licenses to illegal immigrants and make it harder for foreigners to stay in the U.S. on claims of asylum.

    Under the deal, the Senate will vote Tuesday on three immigration measures. Each would require 60 votes to survive, including one sponsored by Sen. Barbara Mikulski, D-Md., that would give temporary visas to migrant crab pickers and oyster shuckers in time for Maryland's seafood season.

    Another, by Sen. Larry Craig, R-Idaho, would provide workers for the agricultural industry. It has support from growers and farmworker advocates, but it faces opposition for providing legal status to some workers.

    Sen. Saxby Chambliss, R-Ga., said he opposes using the military spending bill to address immigration, but he is proposing an alternative to Craig's measure. Co-sponsored by Sen. Jon Kyl, R-Ariz, it doesn't include the legal residency provision.

    "While reforms are needed to provide a legal way to meet our agricultural labor needs, we must also remove incentives for illegal immigration and put stricter provisions in place for seasonal workers coming across our borders,' Chambliss said.

    The White House, Majority Leader Bill Frist, R-Tenn., and other Republicans had pleaded with senators to keep immigration off the spending bill and address the issue later. Democrats refused, saying it was because Frist wouldn't commit to opposing the immigration provisions in the House version when negotiators try to blend the two.

    Mikulski defended her measure to provide Maryland seafood processors and other businesses with more seasonal workers hired through the H2B temporary-visa program, saying "the cat was already out of the bag on immigration.' Businesses are limited to 66,000 H2B workers a year, and that ceiling was reached Jan. 3.

    The House's Iraq spending bill includes the immigration measures that its Judiciary Committee chairman, Rep. James Sensenbrenner, R-Wis., wanted in the intelligence reorganization bill President Bush signed in December. Sensenbrenner withdrew the provisions back then after House and Senate leaders promised he could attach them to the first major legislation likely to reach Bush's desk.

    They are almost universally opposed by Senate Democrats but also by state motor-vehicle commissioners, some GOP senators and religious groups that say people fleeing persecution would be harmed.





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  • Gravitation
    08-24 09:18 PM
    I was alarmed to read the title and thought that it might render ac21 useless. But it's all about the merits of the original I-140 which would be the case irrespective of use of ac21.



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  • njboy
    07-26 10:35 AM
    according to what you typed-your priority date is june 2006..so if i were you, i wouldnt worry much about it..however, your lawyer is right that incase your company revokes your labor, you might be in trouble.
    even if your i-140 gets approved, you'll have to start from scratch in the new company - ie, file a new labour, advertise, etc etc. only advantage is, you might be able to keep your priority date.
    why dont you try this - wait for your i-140 approval, and ask your new company to file an h1 extension based on this. see if you get a 3 year extension. if you do, you are good to go





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  • Alabaman
    09-18 11:23 AM
    ...People who go to IV will be redirected to LIV...

    I think it would do us more good than bad if we change the name to reflect legal immigration. You'd be surprised that politicians and journalists might even use us to argue their postion of NOT being against legal immigration which would be cheap publicity for us.

    I would prefer we qualify it further though... to reflect HIGH SKILLED LEGAL immigrants. HSLIV?



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  • amitga
    05-23 01:45 PM
    My attorney told me that EAD to H1 will not counted against the cap if the person was on H1 before going on EAD. Is it true.





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  • krishmunn
    05-21 07:29 AM
    AFAIK DS 156 and DS !57 are no longer required. These have been replaced with DS 160.

    My last experience in Mumbai consulate was 2 years back after I changed job and went to India. My experience was very good -- not a single question asked . An Indian lady called me and said your Visa is issued. Collected Passport in evening at VFS Office (BTW, there is a very long queue for passport collection)

    However, I do not work for consulting company, never worked for any Desi Consulting and I already had a couple of H1 and L1 visa stamps in my passport.
    I am travelling again now but avoiding the hassle of stamping. Returning with current stamp whcih will be valid for 10 more days after my return (I already have the extended 797)





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  • misholiver
    12-17 11:16 AM
    did you ever got a receipt notice?

    ps. I am in the same boat and getting very nervous now.





    vdlrao
    01-21 03:20 PM
    Person traveling with AP does not require Transit Visa if u dont plan to go outside of Frankfurt airport for what so reason.I had traveled via Frankfurt on 01/07/09.

    Please do check with German consulate.

    Thank you KKTexas





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    10-21 02:27 AM
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