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  • vin13
    09-30 04:47 PM
    She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe


    I thought the same...these people have no clue what they are doing.




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  • cbpds
    06-08 02:52 PM
    Appreciate your response kondur, we have submitted the original I94, hence we shd be fine.

    In my opinion, you do not really have to. here are a few points (to the best of my knowledge):

    1. Surrendering I 94 establishes the day/date when you left US.

    2. If you have more than one I 94 (from the same entry), the "white one" will be attached to your passport and others (that came with extension or change of status) will be attached to your approval notices. THEY ALL ARE SUPPOSED TO HAVE SAME NUMBER. So, technically you have to surrender them all when you leave the country, but if you surrender any one of them, it still establishes the same thing and you do not need to do anything about the rest.

    3. If you forgot to return I 94 altogether, keep a record of your leaving US on specific date (copy of boarding passes, passport stamp of entry in another country etc) and you can use that as an evidence of leaving in time (if asked about it in future). OR you can return your I 94 at a laterdate with these copies attached to USCIS.

    I have not heard of anyone getting in trouble because of not returning I 94 (please correct me on this if any of you have heard of it) - as long as they did not overstay.




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  • nissan_1
    11-30 12:59 PM
    Thanks for your reply guys..I have 71 points (with 16 language point). Hence I have to get at least 12 points in language skill. I think i will have to sit for IELTS..no other choice man :( But I have found in one canadian immigration forum that one guy with similiar situation replied back to canadian consulate that he studied English from school and also his work experiance is in english and he really thinks he should get 16 points. And then the embassy called him for an interview in NY and finally he got his PR. But this is just one example, everyone else ultimately took IELTS...

    For me I have to fly to a different city as there is no IELTS center here...The IELTS gonna cost me some $$$ :((((

    I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.

    Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.

    I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.




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  • edaltsis
    09-18 04:18 PM
    If you use EAD it means you are abandoning your H1B. You have to be employed full-time (should be drawing salary on a regular basis to be in H1B/EAD status) but cant "just" work part-time.



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  • morchu
    05-14 12:04 PM
    Not true.
    Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.

    Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.

    Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.

    I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).

    Answer to OP;s questions are:
    1. Yes
    2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
    3. Not automatic, another COS might be required.
    Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.

    Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.

    Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.


    ______________________
    Not a legal advice.
    US citizen of Indian origin

    .




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  • asanghi
    02-26 02:48 PM
    No need for AP. If someone mails him the GC, he can get back to the U.S. with it.

    Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.



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  • nashim
    09-03 09:01 AM
    Yes, medical forms been changed. Please refer USCIS site for correct form. It is valid for one year but form should be correct.

    Here are the details:

    http://immigration-law.com/
    07/13/2008: USCIS Changes Old Medical Form, I-693, Invalid Date from 07/14/2008 to 08/01/2008
    � Medical form which the USCIS designated civil surgeon is required to use was initially revised on 04/08/2008, followed by the USCIS announcement that any I-693 form version earlier than 04/08/2008 should not be used by the civil surgens from May 1, 2008. In the middle of June, the USCIS released again new version form dated 06/05/2008 and announced that the old version other than 06/05/2008 should not be used effective 07/14/2008. July 14, 2008 is tomorrow. However, without a news release, the USCIS form site extended invalid date of forms earlier than 06/05/2008 to 08/01/2008. Please now note that "Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition," according to the form site instruction.
    � There was a confusion in June 2008 on the validity of older version form I-9 because the USCIS form site instructed that the older version was not acceptable from certain date. In Vancouver, the USCIS authority confirmed that the form instruction was an error and the USCIS form instruction has since been corrected. It will help tremendously if the USCIS releases an announcement that the current I-693 form instruction is indeed correct and the civil surgeons can use the I-693 forms which are older than 06/05/2008 version can still be used. In the meantime, the civil surgeons and the immigrants should check on the date of the medical examination with the I-693 form site to protect themselves from any changes. The form site indicates that the information was updated on June 26, 2008. One wonders whether the civil surgeons may be better off to start using the 06/05/2008 version form from even now just to avoid any confusion in the future. For the new form instruction as of today, please click here.
    � There was a report one time that the USCIS was experiencing a problem in notifying all the USCIS certified civil surgeons on the form changes by email or other means because some civil surgeons did not have email addresses or proper means to receive such notices quickly. When the 2008 Tuberculosis Technical Instructions for Civil Surgeons was implemented by the Center for Disease Control and Prevension of HHS in such a notice on May 1, 2008, it could have been practically impossible for the USCIS to notify such medical form changes timely to every single USCIS certified civil surgeons. Well, doctors, you now have until August 1, 2008 to comply with the new medical form!
    � This change can be important that because of the EB-2 visa number progression for the Chinese and Indians, a large number of these foreign professionals must have already scheduled or even completed a medical examination for themselves and their family members using the older versions. Under the new instruction, these medical report should be valid and filed with the I-485 coming August 2008. However, those who schedule their 485 medical examination on or after August 1, 2008 should make it sure that the doctor uses the new version dated 06/05/2008.




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  • howzatt
    07-13 06:37 PM
    n1 buehler



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  • flexi
    04-10 10:47 AM
    Thanks, Raysaikat, I hired a lawyer and that's what they are referring to (see below - I guess i'm just posting this for other since you obviously know this).

    From waht i gather, one can have concurrent H-1Bs and work for two employers in H-1B status. It would require filing a concurrent H-1B portability petition to start with employer B. I guess, normally they would revoke H-1B status but in that case won't. With the new employer they'd request concurrent employment so USCIS will know about two employers.

    I guess the only question with this is timing of my travel plans to Germany - i.e. could one do file this now and then get the new stamp while in Germany..... Whoever said this ain't complicated????




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  • logiclife
    07-07 02:17 PM
    My lawyer only asked for last one year's W2 and no paystubs at all.

    Paystubs are desired but I dont think USCIS bother to look at them if you send them. If you have some issues with your status and your I-94, then that might raise more questions and they may ask for more W2 and more paystubs.

    But for the begining, just one W2 is enough. If you are filing this year, send the 2006 W2. That's it.



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  • priderock
    05-15 12:48 PM
    Is there already a poll like this for EB3?
    Yes I have seen one for EB3 ...
    http://immigrationvoice.org/forum/showthread.php?t=4440




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  • burnt
    12-12 03:39 PM
    No questions asked about visa or 485. Just had to show my passport and AP document :)


    Thanks for the response. My wife has started working on EAD. So when she comes back, will she have to enter on AP? And as you said, they would not ask for I-485 receipts...Correct? I don't have I-485 receipts and I am just scared that if they ask for it, and I don't have it, then what happens...

    Do you know of someone who was asked for the I-485 receipts on their way back?



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  • mayhemt
    09-20 11:00 PM
    If it is philosophical question, then it is something which takes away couple of years of life of some of those people born in India and China (wait and wait and wait and ...), who want to have it. In return it frees them from bond of slavery.

    Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.




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  • iptel
    04-18 01:13 AM
    From the text I can derive two conclusion either it is directed to undocumented worker or everyone is put in same basket nothing specific about our cause. Apu dont get me wrong I apprerciate your initiative but it should not happen we sign to support Kennedy he comes out as hero for Latino community (did I forget to mention political gain) and we remain where we are and watch those illegals immigrant become US citizen.
    Ouch ! thats pretty painful.

    Infact I think the letter from his campaign representative is a way to get to the heart of our cause. We will sign once there is assurance in writing that it includes H1s.

    I am sorry but with all due respect to Sen Kennedy he could address the rally of bunch of illegals waiving Mexican Flag and demanding their "RIGHTS" in Spanish. We have sent faxes in English to Senetor Kennedy requesting to support Bill that will provide relief to Legal immigrant communites but still nothing specific to our cause.

    All the support we got till now are mostly from Republicans so we should abstain from supporting that is anti-republican.. More over we do not want to get caught in the crossfire between Dems and Repb.

    FOLKS ONE MORE THING BEFORE WE SIGN "ANY" PETITION WE CONSULT OTHER MEMBER OF THE GROUP.

    One of the purpose of IV is to make united effort to reach the shore for the people travelling in same boat



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  • simple1
    07-26 04:24 AM
    In India 3 year grad are arts, humanities, science, management and accounting.
    while 4+ year degrees are for technology, engineering, agriculture, medicine.

    UK (some parts of europe as well) and Australia seems to have similar system in some of its university.

    even some US universities have rightly adopted the same
    fsu.edu | degree in 3 (http://www.degreein3.fsu.edu/)
    Degree in Three Program Description (http://www.ecu.edu/threeyeardegree/)
    Panola College Degree in 3 Program (http://legacy.panola.edu/instruction/degree_3/index.html)
    The point is the content is more important than the duration.

    I personally think 3year UG unlikely reason for reopening I140 after GC is approved. I would be shocked if that is the case.

    I am afraid this could be a paper chase. Asking more docs to creating headache for the applicant.
    U.S. steps up H-1B, green card assault with paper chase (http://www.computerworld.com/s/article/9135552/U.S._steps_up_H_1B_green_card_assault_with_paper_c hase)

    It is better to consult attorney to handle it properly.


    In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.




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  • sanjay02
    11-21 12:55 PM
    I saw the following status on I-131

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Document mailed to applicant.

    On November 21, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.


    Does it mean that I-131 is approved?



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  • sandy_anand
    11-06 04:38 PM
    I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.

    This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.

    In Response to Your Message‏
    From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
    Sent: Fri 11/06/09 1:00 PM
    To:
    1 attachment
    0A953776.gif (2.8 KB)

    Dear Mr. Mundada:

    Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.

    Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.

    This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.


    Sincerely,


    FRL: mts

    Thanks for posting this information! Gave you green!:D




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  • ibbu_arif
    11-17 03:03 PM
    Thanks for your replies.
    Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.

    But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..

    "Are you referring to AP extension petition or the Original GC petition?"

    Any other opinions from other Gurus of the forum?

    I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.

    http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
    Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.




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  • Ann Ruben
    05-15 03:53 PM
    In this circumstance it is fine to file an H-1 petition while the L-1B appeal is pending.




    styrum
    02-18 12:22 PM
    I can't recall Democratic senators helping LEGAL immigrants during the CIR debate last year!

    Maria Cantwell (D-WA) introduced the only amendment favorable for us.




    gk_2000
    04-30 12:23 AM
    May be 10% might have become entrepreneurs...? Definitely not everyone has started a 10person or even 1 person company....People are doing good but they just work as programmers or so called project managers...you know its not a big deal to become a Project manager in India..

    But 150K entrepreneurs...:p

    I have not read that report completely, but ...

    1. GC Vovek seems to say there was not a single person who left US to become an entrepreneur. This is not true 100% sure
    2. The 150k might be spread over last 20 years, or 10 years at least, or ever since the backlogs became an issue. This means the figure drops to about 15k per year, which sounds much more plausible

    The answer may well lie somewhere in between..



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