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  • waitin_toolong
    11-19 09:36 AM
    as long as the I-797 is current the expired stamp does not matter but do send a copy of it.

    You dont have to renew EAD if she is not working and save $340. Her next EAD (whenever she applies) will be a new Application.

    But do remember it always takes time to obtain an EAD so if she needs it any time in future she will have to wait so be very sure about not working. EAD is not a proof of legal status only an authorization toi work so you dont need it if you dont plan to work.

    As for AP, unless you dont plan to travel even for emergency reasons of have valid H1 stamped or can get it stamped you dont need it.

    For wife make sure her travel is not in between applications. She should travel with an approved AP and apply for renewal and wait for it to be approved before she departs the country.

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  • sanjay05
    11-16 10:36 PM
    Still no FP. Should I call USCIS?

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  • tabaching
    10-22 09:40 PM
    Hello guys,

    thanks for the reply.
    But, my concern is I wasnt in the company's payroll for 5 months. If asked during the interview, what should I tell the IO?

    Please advice.

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  • rolrblade
    06-26 08:44 AM
    Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.

    Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.


    I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.


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  • continuedProgress
    01-15 10:01 AM
    Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.

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  • panvel123
    09-26 05:11 PM
    I sent a single check for me and my wife and there are 6 lin numbers on my scanned encashed cheque


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  • lskreddy
    08-14 04:44 PM
    Its really requires lot of planning and a tough decision to make. Some of our friends say you get good package if you find the job while you are in US and then go.

    It does need planning. I am hoping I could find some opportunities here before I decide to take the 'search in India by being there' route, thus my post to ask folks if they know of any such positions.

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  • Digitalosophy
    11-02 04:17 PM
    No hard feelings. I just really need to get back on my feet, since I am relatively busy I just got my own place, and I really need an idea to set me in motion. I am not a spontaneous artist in any sense at all.

    There are many members here, who are looking to get better and get some experience just like you. Maybe you can team up with someone, and do some cool projects to build a portfolio, etc.

    Also you should make yourself a website displaying your work that you have now.



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  • sweet23guyin
    09-25 12:04 PM
    April 2008?
    6months gone by and you are thinking of getting back/extension to h1b now?
    it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
    Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
    Just in case; see what your lawyer has to say.

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  • fromnaija
    05-19 10:44 AM
    You might want to have your transcripts and/or mark sheet evaluated by an approved degree evaluation agency. They will be able to offer a professional opinion as to what your diploma is equivalent to.


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  • GCInThisLife
    07-18 01:46 PM
    I485 gets processed in the order of 485 RD. If cut-off dates are 'current' PD does not matter. However, if the dates are retrogressed, visa numbers would be allocated for all pre-adjucated (screening, security checks etc are completed) in the order of Priority Date so PD does matter and in fact cut-off dates would be determined based on available visas and number of pre-adjucated (already filed) cases.

    Thanks for the replies. Since all the dates are current under the July bulletin, how are the 485s processed ?

    1) Order of priority dates and EBs?
    2) Order of the date on which the 485 applications were received?

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  • gapala
    08-02 07:21 PM
    Without reentry permit, they cannot enter USA.

    If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...

    If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?


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  • velu07
    06-26 10:05 AM
    If you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485

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  • gcdreamer05
    11-19 10:51 AM
    I think USPS does not forward mails when the mail says "return service requested" .

    Yes USPS will not forward the mails from USCIS. Please ask usps before you start relying on this.


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  • ksrk
    01-07 12:44 PM
    I just got back on AP a few days ago. My AP was issued in Dec 08 with validity upto Dec 09. When we entered US in Jan 09, it was stamped with a parole dated Jan 2010exactly a year from the arrival date. I asked the officer as to what would be the actual expiration of the AP since there are 2 different dates (1 month apart in my case). The officer replied that if i had to leave the country again using the same AP then i would have to return back before the original expiration date of Dec 09.

    I have no idea why they would stamp a year from the date of entry when the validity is considered to be the original expiration date.

    Best would be for you to schedule a infopass and inquire to confirm.

    The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
    The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.

    Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.

    At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.

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  • gconmymind
    11-12 03:35 PM

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.
    If you are doing the work from USA, then you have to get paid in USA and pay US taxes.
    If you are getting the work done from India, only then your clients can pay your company in India.

    This is my understanding. Talk to your lawyer and CPA.


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  • spaceguy
    02-18 10:00 AM
    I think you are in H1 status now. When your Passport is stamped with H4 then your status will be changed to H4. If you want to work again then you need to change again to H1 with change of status

    Does it come under new H1b quota ? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?

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  • vdlrao
    05-11 03:24 PM
    WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
    If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.

    If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.


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  • kart2007
    10-23 05:41 PM
    If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!

    From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.

    09-21 10:46 AM
    Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?

    Yes I changed job and my new company did the EB2 filing. It took roughly 9 months from starting the Ad, recruitment efforts, filing and approval.

    06-18 01:54 PM
    Once you are able/eligible to use AC21 you are safe!

    Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?