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  • godbless
    12-14 04:12 PM
    Thanks all.

    1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
    create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.


    2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?


    3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?



    __________________________________________________ _

    1. Make 2 sets of documents and send them separately. They would know because you would send a copy of I 485 petition of your wife as well in her packet.

    2. You can put some future date in there.

    3. It will be multiple entry. You have to write some thing describing the need for this AP.

    I hope it helps.




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  • GCwaitforever
    04-11 11:47 AM
    Congratulations on getting GC. You are out of this hellhole.




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  • ganguteli
    01-28 06:09 PM
    http://en.wikipedia.org/wiki/List_of_Indian_Americans

    Check our own Aman Kapoor listed




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  • wenxue
    10-08 10:38 AM
    Totally agree.
    Another night my wife was worried. I told her that I am still young :). When the worst happens, I can still work in a Chinese restaurant, and put the food on the table for the kids.



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  • mdipi
    10-20 07:55 PM
    how did you do that swirly thing?




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  • ajay_hyd
    01-22 02:27 PM
    i got similar message, but this was for Advance Parole not 485...

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Document OTHER THAN CARD manufactured and mailed.

    On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on 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.



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  • rbalaji5
    03-02 07:53 PM
    I was in a similar situation, I got my I-94 renewed by went into the U.S - Mexico border near San Diego on 02/28/2009. It is the simplest way to get your new I-94 if you are near Mexico border.




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  • jaireddy
    05-18 10:10 AM
    1. You should be 100% confident that it is not your attorney who screwed up
    2. Be able to convince anyone in 10 minutes that you filed within the timeline with evidence of receipt numbers, etc. The evidence is what counts.



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  • Lasantha
    04-11 11:38 AM
    I had the same experience on Wednesday. Do not hang up, you will be connected to an IO after a while.

    I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.

    Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...

    It annoyed the heck out of me and I hung up rather than hearing the message over and over again.

    Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.




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  • ItIsNotFunny
    12-19 10:03 AM
    Hi All,

    Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).

    Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?

    THANKS IN ADVANCE!

    - Amit


    My visa:
    - I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.

    - With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?

    My Wife's visa:
    - she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
    Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?



    please visit: https://www.vfs-usa.co.in/

    its am official site for this and has complete list.

    More, if you have advance paroles, please keep them with you just in case of emergency.



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  • immilaw
    09-17 11:07 AM
    Hi,

    I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.

    But my school said I cannot get my degree certificate till December 2006.
    My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.

    Please suggest.

    Thank you,
    Vijaya.

    There are two requirements of EB-2. First is the minimum requirements of the Job and the second is the degree that you have earned BEFORE you joined the job.

    So if the minimum requirement of the job is M.S. degree and you also had earned a M.S. degree before you joined the job then it will be EB-2. Remember, the US CIS & DOL consided goes by the date appearing on your diploma as the graduating date. No amount of letters from the dean or your supervisor will convince then that you earned your degree on a date before the date that appears on your diploma.




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  • bfadlia
    07-19 02:20 PM
    my wife is pregnant and we told the civil surgeon she tested +ve in the TB test two years ago. He decided he'll indicate that in his report and he won't ask her to do the TB test, x-rays and some vaccinations, said we can do them after she gives birth and USCIS will have no problem with that.

    Is he being optimistic / interpretting rules loosely?

    Thanks.



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  • pmamp
    12-21 10:51 AM
    hi All,
    I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
    However I found links on the Atlanta and Washigton consulates that say that I need a visa.

    http://www.consulfrance-atlanta.org/article.php3?id_article=827
    http://www.consulfrance-washington.org/article.php3?id_article=383

    Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.

    Apologizes if this thread is under the wrong category
    Thanks
    Radhika

    As far as I know, transit visa is required in case you do not have a valid visa/ citizenship for the departure country. So, if your visa has expired on passport but have visa approval/ or other documents to support AND you are traveling from US to India via France then you would need France airport transit visa.

    However, in your case, since you are Indian citizen (I assume) and traveling to US via France you do not need a airport transit visa.

    The logic behind this weird rule is that in case you are stuck in France for some reason and they want you to go home (deport) then you should have valid visa/ citizenship to the country you came from.

    Otherwise, none of us (Indians or other nationals) would need a transit visa to Europe going from US - India as we have Indian passport.

    Hope this helps. As you know you can always check with airlines/ consulate to make sure you are good to go.


    ~ happy travel




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  • Shams
    10-24 03:06 PM
    BTW my case was received by NSC on 8/15, and so was my wife's. Her EAD card status still says "Case received and Pending".



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  • stuckinmuck
    02-09 09:33 PM
    I will help with drafting something. Any more guidance on what needs to be included? Also, can we have a 'editor' who can help with finalizing the letters? Somebody who has good English speaking skills and is good at weeding out unnecessary stuff from the letters.

    We also need to get hold of solid numbers which would justify not having this amendment. In this economic climate, people might wonder why new H1B hires are required.




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  • logiclife
    07-11 11:18 AM
    This is from Rajiv Khanna's Immigration.com (http://www.immigration.com/common/synergybackpay.html), found today.

    Employer to be barred for two years from H-1 and green card filing for willful failure to pay benched employees.

    In a decision entitled "Administrator WHD v. Synergy Systems, Inc." on June 30, 2006, the employer was ordered to pay back wages to two benched (Indian) employees and was directed to be barred from the H-1 AND green card programs for two years. The employer tried to argue that the employees were on unpaid leave of absence. This argument was rejected. It was found that employer had willfully violated H-1B regulations, hence it must be barred from the H-1 and green card filing for at least two years.

    What this tell us is:

    1. Its really not a joke to go around benching people without pay.
    2. All it takes its an official complaint to be filed with Department of labor. And although it takes time, the department of labor would go after such employers and do the neccesary "Treatment" and "therapy" needed to teach such employers a lesson.
    3. It is not the employee's fault if they are not paid wages for the time they spend when they are non-productive, aka, illegal benching-without-pay. Employee's responsibility to find a gainful employment starts ONLY AFTER the employer officially terminates the employee and send USCIS the notice to revoke H1. After that, its the employee's responsibility to maintain status and legality.

    Employers like Synergy are not only a menace to their own employees, they are also a menace to the entire system. The anti-immigrants cite such employers to make their case for their own cause by saying that "H1Bs are exploited and H1Bs are slaves and H1Bs and immigrants are driving down wages". When in reality, H1B employees most earn the same amount or more amount than any other employee on greencard or citizenship. Such few bad apples really provide examples for our opponents on other side to create new sound bites. These are the guys who put us in trouble and provide fodder to Lou Dobbs and programmer's guild(organization against hi-tech immigration).

    I am disappointed that they are barred only for 2 years. Coz after 2 years, I can guarantee that they will be probably back to their old tricks. There is such a thing called RECIDIVISM. A tendency to revert back to previous pattern of bahavior. Pretty much like a dog's tail. No matter how long you keep a dog's tail in a straight tube, as soon as you take it out, it regains its original shape.

    However, 2 years is still 2 years. And I am going to toast to that. CHEERS !!!!!!!!!! :):)

    If anyone here has been an employee of Synergy or is still an employee, you may want to take appropriate steps to change your employer and check the consequence to your immigration status and GC status.



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  • nayekal
    02-17 11:29 AM
    Hi Nayekal,
    I am in the same situation as you. My wife's employment is expected to end in the Middle of March.

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.


    Can you please share your experience.

    Thanks....

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    What I understood from your question is your H1 expires on End of March and you need to apply for H1 extension from Aril 1 2009. If this case, you can apply for extension right now as well. Remember, you can apply for H1 extension within 6 months of your current H1 exp date. This is what my company did for me. They applied 5 months earlier. So, when you are applying for H1 extension, you can apply for H1 to H4 for your wife. In that case, your wife status is safe and your wife will get approval for H4 with I-94 period as stated in your new H1 copy (her H4 period equal to your new H1 period).

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.

    In case your wife gets a job offer later, her company can file for H1 (independent of quota) and she gets H1 for 6- whatever period she already served on H1, capped at 3 years.

    Good Luck.




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  • bitzbytz
    03-10 10:08 PM
    Never an issue with Money2Transfer. Best service of all and multiple options. Been using it for close to 10 yrs now. Latest interest rates for FD in india is 9.25%. Time to send more again




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  • looneytunezez
    04-24 01:58 PM
    "date of actual move"

    Thanks,
    LT




    gc_kosam
    06-02 03:36 PM
    Happy Scenario

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month

    Not so Happy scenario and reality

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated

    We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives

    Thanks for your response.

    Guru's any other thoughts (particularly on question 2 and other questions)




    pa_arora
    02-10 06:32 PM
    The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
    These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
    Good analysis.. but whatever it is - every drop counts. ;-)



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