Friday, June 10, 2011

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  • roseball
    02-20 09:04 AM
    I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.

    One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.

    Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.

    Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.

    Was your son's H4 status valid when you filed his I-485? If so, even though his H4 is not valid now, he will automatically be in legal status based on his pending I-485. So no need to go for stamping. However, if his H4 was not valid when you filed his I-485, then there is a risk of his I-485 getting denied. In which case, getting a H4 visa stamp and re-entering would clear his out-of-status issue. One more thing, when you applied for dependent H4s after realizing the mistake, were the approvals with attached I-94? If not, your son won't be in H4 status until he goes out of the country and re-enters after getting a H4 VISA stamp.




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  • blacktongue
    01-20 08:00 AM
    Don't EB3 have no example to show?




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  • signin241
    04-04 02:36 PM
    My wife couldn't file her 485 as we got married in September. That's why I've to wait for her to get a valid visa (H1 if her file is picked in the lottery), else
    F1 later.

    Then If I use EAD, Is there any risk to her or myself ??

    Is it Possible for me to come back to H1 once I start using EAD. (I have H1 valid till November 2010). ??

    Thanks again for your response.




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  • hpandey
    03-02 11:36 AM
    Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.

    Filing six months in advance seems to be a better idea.



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  • angelfire76
    12-07 04:28 PM
    EB1 is typically for Phds with solid publications behind their belts.

    In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.

    There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,

    complete education at age 22 and join company x as a software engineer
    get promoted to Project manager at age 27 (5 years later)
    come to the US at age 28 ( a year later)
    apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
    get GC at age 29

    you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!

    I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
    in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)

    Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)




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  • BhanuPriya
    06-11 02:41 PM
    There is no problem in changing company and getting extension based on Approved I -140. Please contact a good attorney and proceed.



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  • lifestrikes
    02-15 03:44 PM
    I have set Google Alert for instant Email notification for news from Zoe Lofgren. No updates yet.




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  • houston2005
    07-20 05:50 PM
    Once you get the I 485 receipt..you can apply EAD on your own..Why you need to beg for that to the Employer. Let it go. File for your I 485 and get the receipt. That's enough to keep you in status.

    Filing AP and EAD are very simple process and you can do it on your own.



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  • jliechty
    May 23rd, 2005, 10:00 AM
    The second one is good, but I feel that it's too heavily "weighted" on the right side, with nothing to balance things out on the left side. I only wish that the foreground plant was conveniently moved a yard / meter to the left for you. ;)

    However, I'll go with the others and vote for the first one being the best. :)




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  • sameer2730
    02-06 05:00 PM
    Is H1B stamping subject to the same name checks as in the home country ? Since I have heard people get stuck for long times in these checks, what happens in similar situations when stamping is done in Canada.



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  • kirupa
    06-06 02:41 PM
    haha - I just removed the first green stamp and added 1 to his other stamp :)




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  • kish006
    12-23 04:40 PM
    To my surprise, we just received both EAD & AP with corrected information. The mail room person did put in a folder and sent it overnight DHL. Sweet!

    Hi,
    I too got my EAD and AP with incorrect pictures. I thought I got my AP and book the ticket on Jan 16.

    I dont what to do now. Please help what to do.
    I f I apply now i will get my AP in time before I leave to India.
    What need to do now.

    Thanks in advance



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  • villamonte6100
    08-21 09:39 AM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.

    Do you still need to go for an interview? I just wanted to know and what kind of questions they ask during the interview. You could provide us with very helpful tips and what to expect.




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  • srh1
    10-30 11:19 AM
    bluez25 ....thank you so much for your reply.

    addsf345 looks like you have a chicken head.

    you dont have the common sense to understand the thread might be useful for people like me who could'nt decide whether to jump to a new employer with in 6 months or not as it would trigger any problem during Naturalization.

    Seeing your comments i see your jealous of others getting GC. Change your thinking as the question which i asked at some point or the other you will also have the same question then at that point you will look like a chicken.



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  • basav
    08-04 02:30 PM
    Awaiting for the response from experts, kindly help.




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  • rsdang
    11-21 05:27 PM
    abandoning AP was what I was refereing to... but as I said please chek with your lawyer that if you leave country in the middle of the application is that a problem.

    Take Care



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  • hpandey
    01-21 12:26 PM
    1. It has nothing to do with immigration (unless you factor that "chinese mother" is an immigrant), which is why this thread is on interesting topics.

    2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.

    4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.

    BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!

    Here's more critics who " love " her style of parenting ...

    http://www.nytimes.com/2011/01/20/books/20book.html?_r=1

    who the hell leaves their 3 year old out in the cold .

    And btw how much she is Chinese is up for debate since she grew up here and can't even speak Mandarin... ( from the article )




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  • bestin
    10-09 01:19 PM
    Please be careful giving such advises. The person in question was out-of-status because he never worked for company A, so it is not certain if he is in valid status at this point. I would not generalize saying he could file without any hassles. He should speak to a qualified attorney before doing that.Labour is approved.I140 is something more related to the employer.He is in status currently.As long as he applies everything soon (by chance he goes out of status.I mean his H1B transfer) he is safe as he can goto AOS.
    Isn't




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  • we_can
    01-29 04:49 PM
    i just noticed your post. i am from portland, oregon. so count me in also. i had posted a message on the orgon state chapter a while ago and have not had a single response yet. Inspite of the large numbers of members in seattle and portland areas, i too am sad to this kind of inactivity and non-response.

    members from northwest (oregon, washington and idaho): This state chapter initiative is very important for our efforts. We are doing this for ourselves and I am pretty sure that these efforts will not harm your career or work in anyway. So, please do reply so that we could all get active and show that we in the Northwest can work for our situations and for iv's efforts in our own way.

    we_can




    logiclife
    06-22 12:52 PM
    "According to Miller, only about 30 percent of applicants are running into such difficulties."

    ONLY??!! Since when did 1/3 of something become "only"?

    Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?




    GCBy3000
    05-19 09:35 AM
    Yes, keep all you honest opinion within your self until your shackles are removed. We all know the visa status H1B is exploting point for some consulting firms and employers. Knowing this I do not understand what is the need of expressing "my desire NOT to stay with him any longer than I need to"

    Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.

    Patience wins in this GC process.



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