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Friday, June 10, 2011

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  • priderock
    07-20 10:45 AM
    I am not sure whether it will fly or not, but I always thought it is a good idea to consider how many years a person is in USA on a legally working status and contributes to Federal,State,local taxes and social security and Medicare , rather than how many years a person has GC.

    I am sure laws about citizenship needs amended to facilitate that and I don't think any one has appetite to attempt it or even to think on those lines currently.

    PS: Just Came to know yesterday about a person who came here literally 4 months ago bought a LC from 2001 and going to get his GC in months time and I know a friend who is here for a decade is still waiting in PBEC. This process is not fair and never was and so is life :(





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  • sc3
    02-12 07:52 PM
    First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.

    Yes, but the OP said applied in Nov 2007, and re-entered in Dec 2007. What is the latest rule on going out of country while the application is being processed? Previously it would mean abandonment of the application.





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  • GCard_Dream
    04-09 01:12 PM
    Hasn't he given many speeches like this before as well? I mean he has been giving speeches on immigration since 2004 yet nothing has happened so far. He addressed it on State of the Union speech, prime-time speech from the oval office, and countless other occasions but what has been the end result - NOTHING. I wouldn't keep my hopes very high just because Bush said so. It’s all up to the congress now.





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  • palemguy
    11-05 06:11 PM
    Mine is July 3 rd recieved date from NSC. My AP was approved on October 8, 2007. I got it my mail on Nov 2, 2007. I haven't get my EAD yet.



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  • raysaikat
    11-30 09:51 AM
    Thank you very much for the replies.

    Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.

    About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?

    Again, thank you for the advice.

    The lawyer will be able to tell you (i) what is the legal implication of your charge in regard to F-1, (ii) statute of limitations of your charges, (iii) how long the records are kept (there are levels of access and with time some charges go down the levels). A lawyer gives you legal counsel (suggestions/appraisals); they are not supposed to "do" stuff for you, nor take decisions for you. You pay your lawyer simply for reliable information (and paperworks, usually).





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  • rotucan
    12-12 06:16 PM
    I have also OPT card with a A# and another alien number with 485.. I went to INFOPASS, the IO said that there is no problem.. the one in the OPT is a temporal number.... the new alien from 485 is the permanent:o



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  • belmontboy
    12-16 07:12 PM
    Hello Friends,

    I am travelling to INDIA on Jan 28, 2009.

    I am booking Lufthansa Airlines, travelling via Munich to Delhi.

    Visa on passport is expired but I do have approval of H1B till 2010.

    Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.

    Thanks in advance.

    TWOV (Transit Without Visa):
    Visa required, except for Those transiting to a third country
    by the same or first connecting flight without leaving the
    transit lounge. Warning: Transit only possible at Frankfurt,
    Munich, Hamburg and Dusseldorf Airports, see conditions below.

    - Nationals of India may use the TWOV facility mentioned
    above if holding a residence permit for U.S.A.. (SEE NOTE
    5151)
    NOTE 5151: This TWOV facility also applies for the return
    travel provided it is one journey and return travel has
    been commenced on or prior to the expiry date of the visa
    or residence permit.
    - Nationals of India may use the TWOV facility mentioned
    above if being admitted for residence in the U.S.A.,
    holding Authorization for Parole of an Alien into the
    United States together with a national passport endorsed
    with I-551 stamp AND:
    - travelling to/from the U.S.A.; or
    - travelling to country of nationality. (SEE NOTE 5151)
    NOTE 5151: This TWOV facility also applies for the return
    travel provided it is one journey and return travel has
    been commenced on or prior to the expiry date of the visa
    or residence permit.
    - Conditions: TWOV available, provided passenger:
    - is properly ticketed with a confirmed reservation for the
    connecting flight; and
    - within 24 hours, through Frankfurt, Munich; OR
    - on the same day between 04:30 and 23:30 through Hamburg;
    OR
    - on the same day between 06:00 and 21:00 through
    Dusseldorf, (inbound carrier must provide prior notice to
    authorities by fax: +49 211 421 37100 or SITA Telex
    DUSOVXH).
    And:
    - is arriving and departing from/to non-Schengen country;
    and
    - holds all travel documents required for entry into
    country of destination.
    Additional Information:
    - Visitors must hold visible means of support, onward/return
    tickets and/or other documents required for next
    destination.





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  • neobuddha
    10-14 03:28 PM
    You can provided:
    a- If have not used your AP, if it is single entry
    b- Otherwise, you can use it multiple time before the date of expiry, if it is multiple entry.

    Good Luck,

    -Neo



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  • Lasantha
    04-01 05:46 PM
    I agree 100%

    In simple words..
    Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..

    Here's what we do know
    I485 filing provides MAJOR benefits.
    140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
    485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
    So GO AHEAD file concurrently..





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  • gc_check
    04-09 07:27 AM
    The indian consulate needs a proof of address for me and my wife
    We sent them the Property tax bill and hoped that it would work but get this mail from travisa

    Proof Of Residence - Unacceptable
    The proof of address received in your application is not acceptable for submission to the Indian Consulate. You must submit a proof of residence/address that matches the present address on the PIO application exactly. Photocopy of state issued ID (Driver License or ID), or major utility bill (Water, Gas, Electric, Sewage) or a copy of a lease containing both the landlord and tenant signatures must be submitted. The following items are not accepted: cell phone bill, credit card statement or bank statement. The address cannot include a P.O. box. For minors, a parent or guardian proof of address from both parents may be submitted instead. You can fax the proof of address to Fax: (415) 644-0158. In addition, you also have the option of mailing a paper copy to the address below.

    Now why does not a property tax not work ? it is issues by the county.

    We do not have the current address on my wife's driver's license and her name is not there on the PGandE bill

    Any suggestion ? or anyone had a similar issue ?

    Thanks in advance !!

    Sorry abt. that. Send other documents to show proof of address. Interesting to know, they are not accepting "Property Tax Notice" as proof of address. I happened to send the "Property Tax Notice" too, as it includes my wife's name, but also included the Driver's license for us both and it got accepted. You will have to attach copy of your Immigration Document as well, if you have EAD/AP or any other Document with current address and your Driver's license, you should be okay. Try calling them to discuss, they are pretty good in answering phone.



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  • vxg
    03-26 12:38 PM
    I filed last week using USPS. I added the service where in the mailed you a signed receipt that it was received basically you fill a pre paid postcard with your address for the receiver to sign and send back to you. I received that back from TSC it is signed by some one with a TSC stamp. USPS delivered it in two days and only cost about $6 ( I used priority mail).

    Need advise - bumping this up...

    Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?

    I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.

    Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?

    Also, whether some kind of delivery tracking can be done on PO box addresses?

    Please advise folks... Thanks in advance for your help!





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  • gveerab
    12-30 08:57 PM
    hi,

    thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
    If i get a chance to move to a different company ,, do you want me to leave the current company?

    waiting for your reply..

    once again thanks for the response...


    Thanks


    Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)

    If I am in your position, i will not this type of chances.



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  • Jaime
    09-06 04:14 PM
    Not only India, also Britain and many more want to benefit from the high-skilled workers that the U.S. is already kicking out so they can let in more illegal Salvadoran maids:

    "UK Plan to boost immigration from India"

    http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=315176ec-5112-45fd-8a32-fe2c2ec6f027&ParentID=8494411a-1803-4f2f-9dfd-458359027dc2&&Headline=UK+plan+to+boost+migration+from+India





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  • martinvisalaw
    06-26 05:18 PM
    My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...

    Even though you entered using AP, you might be able to extend your nonimmigrant status. As the prior answer says, this is not necessary but many employees like to have it in case the AOS is denied for any reason.

    It is also useful because if your EAD expires and you have not received a new one, you cannot work even if a new application is pending. On the other hand, if your H-1B (for example) has expired but the company timely filed an extension, you can keep working while the extension is pending.



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  • Ann Ruben
    01-12 10:15 PM
    You raise an excellent question--and one to which, at present there is no authoritative answer. The statute and regulations are silent on the issue and USCIS has not addressed it in any policy memo.

    I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.

    Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.





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  • gc_chahiye
    09-17 02:35 AM
    I am working with Company B on H-1b. My GC labor, I-140, I-485 and EAD is filed by Company A. Now, I am close to getting EAD in few weeks. Few say that once EAD is approved, then I have start working for Company A immediately. Others say that GC and EAD is for future employment with Company A and hence, I should start working for Company A only after GC is approved.

    So, I have two questions and need advice.

    1. When should I start working for Company A, upon approval of EAD or approval of GC.
    Ideally, I would like to start working for Company A upon approval of GC.

    2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.

    Please let me know if anyone has similar situation and need what the reality is when EAD is approved.

    Thanks.
    Kum25

    you dont need to start working for the company that sponsored your GC until you get the GC. If USCIS ever sends an RFE that company needs to confirm to USCIS that the job offer is open to you and provide a copy of the offer letter (it should match the LC). Your intent to work for that company on getting a GC should also be obvious (ie. if you currently make 5X what that company is offering for the GC job, you might have to convince the IO that you really intend to take up that offer).

    In the meantime you can do whatever you want at company B, either on H1 or on EAD.



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  • Sakthisagar
    07-23 11:55 AM
    India develops world's cheapest 'laptop' at $35 - dnaindia.com (http://www.dnaindia.com/india/report_india-develops-world-s-cheapest-laptop-at-35_1413493)

    New Delhi: India has come up with the world's cheapest laptop, a touch-screen computing device that will cost just $35.

    Human resource development minister, Kapil Sibal, this week unveiled the low-cost computing device that is designed for students, saying his department had started talks with global manufacturers to start mass production.

    "We have reached a (developmental) stage, that today the motherboard, its chip, its processing, connectivity, all of them cumulatively cost around $35, including memory, display, everything," he told a news conference.

    He said the touch-screen gadget was packed with internet browsers, PDF reader and video conferencing facilities, but its hardware was created with sufficient flexibility to incorporate new components according to user requirement.

    Sibal said the Linux-based computing device was expected to be introduced to higher education institutions from 2011, but the aim was to drop the price further to $20 and ultimately to $10.

    The device was developed by research teams at India's premier technological institutes, the Indian Institute of Technology (IIT) and the Indian Institute of Science.

    India spends about three% of its annual budget on school education and has improved its literacy rates to over 64% of its 1.2 billion population, but studies have shown that many students can barely read or write and most state-run schools have inadequate facilities.

    PC Magazine Reports as under

    Thanks in large part to the success of Apple's iPad, tablets are, for the first time in their long history, well on their way to becoming a mainstream electronic device. With prices starting at $499, however, Apple's device is still too expensive for many to seriously consider its potential as a secondary computer. A new prototype from the Indian government, however, may slice the price of tablets down to a fraction of that.

    The government has announced pans to create an educational tablet priced at $35. The device, which will offer a number of basic computing features, such as a Web browser and video conferencing, is set to be made available to Indian students some time next year.

    The government is attempting to push the device's price down to a fraction of that, with an ultimate goal of a $10 tablet. "We have come out with the device at Rs 1,500 ($35) and now we invite individuals, entrepreneurs, firms and industries to produce the device as cheaper rates than this," Kapil Sibal, the minister of the country's HRD educational department told The Business Standard.

    In other words, there hasn't been a manufacturer that's been named for this device, just a prototype and a tentative business plan. That's hasn't always worked out as planned; the history of a similar $100 One Laptop Per Child was plagued with delays, with executives later hoping to exit the business entirely.

    India's Government Unveils $35 Tablet Prototype | News & Opinion | PCMag.com (http://www.pcmag.com/article2/0,2817,2366895,00.asp?kc=PCRSS03069TX1K0001121&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ziffdavis%2Fpcmag%2Fbreakingn ews+%28PCMag.com+Breaking+News%29)





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  • abhishek101
    05-16 03:34 PM
    My wife received her green card on Friday so I think it is the latest info.

    It comes by priority mail (in priority mail envelop), but no signature is required. No white envelop as old timers are suggesting.

    Also the USCIS is extremely fast now a days. My wife received her green card in 5 days after finger printing (Finger printing on May 6; approval on May 9th; Green card received on May 13th) so when your dates become current and your case is straight forward you should have it in few days.





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  • srgadi
    06-30 02:12 AM
    Thanks all. I think the labor only says BS + min 3 years experience in related field. What are the chances that if I proceed on Monday, I will get an RFE on this? And would there be anyway I could respond to that RFE successfully?





    admin
    01-29 08:44 PM
    Yeah it will move forward but retrogress back again once the approvals from the BECs begin to come in.





    gconmymind
    08-19 03:11 PM
    I will be in similar position if I get RFE for this. I guess all you can do is provide what you have and an explanation. Hopefully it should not be that big of an issue.